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LANE SSDE04-07-00-1Y CLERK CITY OF BAINBRIDGE ISLAND ~N 12'01 ~H 9:52 OFFICE OF THE HEARING EXAMINER APPEAL OF ADMINISTRATIVE ) DECISION PARTIALLY ) APPROVFNG A SHORELINE ) LETTER OF EXEMPTION REQUEST ) APPELLANT: ROBERT LANE. ) ) SSDE04~07-00-1 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION SUMMARY This application for Shoreline Letter of Exemption sought approval for the removal of a portion of an existing rock bulkhead which protects the shoreline of the Lane property located on Port Madison Bay. The Lanes sought permission from the City of Bainbridge Island to eliminate an "end wall" which presently extends waterward of the Ordinary High Water Mark (OHWM) on the north end of their bulkhead, The rocks from this end wall extension are to be moved and placed along the remaining unprotected shoreline 16 ft. to the Lanes' northerly property line. The City of Bainbridge Island has given the Lanes a partial approval of their request. The approval letter allows the removal of the end wall and a softening of the bulkhead profile along the shoreline within its existing footprint. The extension of the bulkhead along the remaining 16 ft. of shoreline has been denied. The Lanes have appealed that denial. FINDINGS OF FACT I Robert and Terri Lane are the legal owners of residential property located at 15660 Euclid Avenue, NE, in the City of Bainbridge Island. Their residential parcel is identified by Tax Assessor No. 4167-000-019-0000. 2 An application for Shoreline Letter of Exemption was filed by the Lanes on April 7, 2000, This application sought approval to modify an existing rock bulkhead and to extend that rock bulkhead an additional 16 It. to the northerly property line of the Lanes' residential lot. 3 After reviewing the application, the Director of the Department of Planning and Community Development issued a Shoreline Letter of Exemption approving only a portion of the project proposed by the Lanes. The City allowed the removal of the end wall on the northerly end of a rock bulkhead and the reconfiguration of the bulkhead within the existing footprint. However, the extension of that rock bulkhead an additional 16 ft. to the north property line was denied, SSDE04-07-00-1 Hearing Examiner Lane - 15660 Euclid Ave. NE Page - 1 - City of Bainbridge Island square footage of the beach on the Lanes' property would remain the same. Mr. Theisfeld stated that with the applicants' assurance that there would be no excavation of the bank and that there would be a replacement of beach sediment at this location, the WSDFW would have no objection to this project. 10. This application was filed as a joint application with two adjoining property owners. It was the Lanes' intention to assist their neighbors in protecting shoreline which had begun to slump due to erosion caused by the end wall effect of the Lane bulkhead. This application was filed to remedy that problem, as well as to protect the soft bank protection being installed on the Biggers' shoreline. The softening of the profile of the Lane bulkhead will eliminate that end wall effect and will dissipate wave action out into Port Madison Bay. The end wall effect from the Lane bulkhead is also causing a scouring of the toe of the bank which remains unprotected on the northerly most 16 fi. of the Lane property. Mr. Sibbett testified that this scouting at the toe of the bank will ultimately cause the bank to slump. Similar slumping has occurred on the adjacent Biggers property 30 ft. to the north. The SMP Section VI, C, Regulations, General(3), requires evidence of professional design if there are uncertainties: (1) about the potential effect of a proposed structure on adjacent property~ (2) where there is inadequate data on local geophysical conditions, such as the impact on the geologically hazardous slope located on this portion of the Lane property, and (3) an assessment of the adverse effects on the beach seaward of the structure This record contains inadequate information to determine the potential effect of this project on the neighbors' shoreline protection; inadequate identification of the OHWM, so that the location of the rock bulkhead can be determined; uncertainties as to the impacts, if any, on the shoreline steep slope~ and, inadequate information about possible adverse impacts to the natural beach, seaward of the proposed rock bulkhead. 11. The SMP Section VI, C, Policies, (5), states "neighboring property owners should be encouraged to coordinate planning and development of revetments or other solutions, for an entire sector to avoid erosion of down-draft properties." The applicants are to be commended for joining with their neighbors in supporting the policies of the SMP, however, that program requires more design speci~city and evaluation of alternative solutions in an application for shoreline armoring 12. The Lane project is somewhat unique in that the size of the rocks already in place in the end wall of the bulkhead makes it somewhat infeasible to remove the rocks from the site. In order to gain the benefits of the removal of the end wall, both for the Lanes' property and for the Biggets' property, a loss of upper intertidal beach habitat would necessarily occur. Without the removal of the end wall from the Lane bulkhead, the shoreline protection measures being taken by the Biggets will not be as effective. Slumping has already occurred on the Biggets' property and the Lane end wall bulkhead is suspected to be a contributing cause of the erosion on the toe of the slope Facts provided in this application appear to support the need for additional shoreline protection and an elimination of the end wall. The application does not provide sufficient information to determine what type of protection would be appropriate at this site. SSDE04-07-00-1 Hearing Examiner l,ane 15660 Euclid Ave. NE. Page -3- City of Bainbridge Island possible impacts to the shoreline from this new shoreline stabilization feature has not been provided in the application. A determination of adequate mitigation for unavoidable impacts requires this information from the applicant. 7. In reviewing an Administrative Decision by the Director of Planning and Community Development, the Hearing Examiner must give substantial weight to the interpretations and decisions made by the Director (BIMC 2.16.130.F(2)). A review of this application file shows a detailed review by the Planning StafE The partial approval of the application properly separates an application for repair of the bulkhead from an application for extension of the bulkhead. The Director has properly determined that the application is too incomplete to evaluate the request for extension of the bulkhead along the shoreline. DECISION The Administrative Decision of the Director of the Department of Planning and Community Development approving a Shoreline Letter of Exemption request for repair of an existing shoreline protective feature on property owned by Robert Lane is affirmed. The Director' s decision to deny the application for extension of the rock bulkhead on the Lane shoreline an additional 16 feet north to the property line is affirmed. The appeal is denied. Dated this 12th day of January, 2001, Robin Thomas Baker Hearing Examiner Pro Tem APPEAL The Decision of the Hearing Examiner shall be final unless within 21 days after issuance of this Decision a person with standing appeals the Decision in accordance with the provisions of Chapter 36.70 RCW. SSDE04-07~00-1 Hearing Examiner l,ane - 15660 Euclid Ave. NE Page -5- City of Bainbridge Island