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WITHAM SSDP/CUP05-25-99-1 CITY CLERK JAN 12 '01 AM 9:52 CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER APPLICATION FOR A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND APPEAL OF SEP A MITIGATED DETERMINATION OF NONSIGNIFICANCE (MONS) ISSUED AUGUST 19, 2000. APPLICANT/APPELLANT: CHARLES AND MARDELL WITHAM. APPELLANT SUQUAMISH TRIBE. ) ) ) ) ) ) ) ) ) ) SSDP/CUP05-25-99-1 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION SUMMARY Charles and Mardell Witham have filed an application for a Shoreline Substantial Development/Conditional Use Permit to allow the ongoing use of a rock structure for shoreline stabilization which they built to protect their single family residence. This rock structure was designed by Mr. Leland Jones of Shannon and Wilson, Inc. in response to an emergency caused by a massive landslide which occurred on the Witham property in February of 1999 The landslide endangered both the Witham residence and the residence of their neighbors to the north, Gerald and Shannon Childs. The rock structure was built under emergency permits granted by the City of Bainbridge Island and the State of Washington. The Withams' application is joined by Mr & Mrs. Childs and by Mr. & Mrs. Hansen, their neighbors to the south. The rock structure design required to stabilize the slope extends across the entire width of the Witham property and onto a portion of the Hansen property and the Childs property. A revised SEPA MONS was issued by the City of Bainbridge Island on August 19,2000 requiring mitigation for loss of upper intertidal beach habitat caused by the placement of this rock structure along the slope face waterward of the Ordinary High Water line on the shoreline of Manzanita Bay. Mr and Mrs. Witham objected to the wording of the Conditions imposed by the City, and objected to the City's refusal to allow mitigation credit for the removal of creosoted timbers from the shoreline The Suquamish Tribe also filed an appeal ofthe Director's decision to issue a SEP A MONS on this project The Tribe asserts in its appeal that an Environmental Impact Statement should have been required for this proposal and that the mitigation measures in the MONS are inadequate. During the public hearing, the attorney for the Tribe, Mr. Scott Wheat, withdrew the portion of the Tribe's appeal which requested a mitigation measure requiring restoration of shoreline vegetation to achieve the natural system function of the shoreline existing prior to the landslide Mr Wheat acknowledged that revegetation of this shoreline area to the natural ssOP/nTP05-25-99-1 Witham - 6498 NE Monte Vista Drive. Page -1- Hearing Examiner City of Bainbridge Island condition existing prior to the slide was highly improbable. The Tribe objects to the location of the Ordinary High Water mark accepted by the City of Bainbridge Island. The tribe also asserts that the area of intertidal beach habitat to be restored should be expanded to 3,18 I sq. ft. The application for Shoreline Substantial Development/Conditional Use Permit is approved with conditions. The appeal of Charles and Mardell Witham is granted in part and denied in part. The appeal of the Suquamish Tribe is denied. A request was made by the City to reopen the record after the close of the public hearing to add additional documents This request was objected to by the applicant The Suquamish Tribe did not object. The request was denied. FINDINGS OF FACT I. Charles and Mardell Witham are the legal owners of two parcels of real property located on the shores of Manzanita Bay in the City of Bainbridge Island. The Witham residence is located on one of those parcels; identified by Tax Lot No. 4157-000-003-0000. Immediately adjacent to the Withams' residential lot is an undeveloped lot also owned by the Withams, this lot is identified by Tax Parcel No. 4157-000-004-0009 The Witham residence address is 6498 N.E Monte Vista Drive, Bainbridge Island, W A 98110 A true legal description of the parcels owned by Mr. and Mrs. Witham are included in Attachment A and are incorporated herein by reference. 2. Charles and Mardell Witham have applied for a Shoreline Substantial Development/Conditional Use Permit from the City of Bainbridge Island to allow the continued use of a rock structure built on their properties for purposes of shoreline stabilization after a massive landslide occurred in February of 1999. This rock structure has been in place since June of 1999. The structure was originally built under emergency permits granted by both the City of Bainbridge Island and the State of Washington. 3. The rock structure built by the Withams for shoreline stabilization was designed by Leland Jones, a professional engineer with Shannon and Wilson, Inc. Mr. Jones is a geotechnical engineer who was retained by the Withams to design a structure to stabilize the slopes on their shoreline properties after a massive slide. Mr. Jones designed a rock structure which was built across the entire width of the Witham property along the shoreline of Manzanita Bay. The structure extended onto the properties of Reed and Brigitte Hansen to the south and onto the property of Gerald and Shannon Childs immediately to the north. The application for SSDP/CUP has been jointly applied for by all three neighbors, the Withams, the Hansens and the Childs. 4 The Childs' residence is located at 6506 N.E. Monte Vista Drive on Bainbridge Island. The Childs' signed an owner/applicant agreement on April 9, 1999 authorizing the Withams to make an application for a SSDP/CUP for the slope stabilization project on the Witham, Childs and SSDP/CUP05-25-99-1 Witham - 6498 NE Monte Vlsta Drive. Page -2- Hearing Examiner City of Bainbridge Island Hansen properties. The Childs' property is identified by Tax Lot No. 4157-000-005-0008. The true legal description for the Childs' property is also included in Attachment A to this Decision and is incorporated herein by reference (EXHIBIT 8 BP). 5 Reed and Brigitte Hansen own residential property immediately to the south of the Witham property. They also signed an owner/applicant agreement on April 5, 1999 giving their consent to an application for the SSDP/CUP sought by the Withams for the slope stabilization project The Hansen residence is located at 6454 N.E Monte Vista Drive and is identified by Tax Lot No. 4157-000-002-0001. The true legal description for the Hansen property is also included in Attachment A and is incorporated herein by reference. [EXHIBIT 9 BY] 6 The Witham, Hansen and Childs properties are located in a Rural shoreline environment which allows low density residential development The properties have a zoning designation of R-2 allowing two residential units per acre density The properties carry a Comprehensive Plan designation of ORS-2 (Open Space Residential) The soil survey for Kitsap County indicates that the area where these properties are located has soils which are vulnerable to slumping. Other landslides have occurred along the shoreline in this neighborhood 7 On February 24, 1999 a massive landslide occurred on the northerly lot owned by the Wit hams This lot was an undeveloped lot covered by mature vegetation including both deciduous and evergreen trees. The Withams retained Mr. Leland Jones of Shannon and Wilson, Inc., a Geotechnical Engineer, to determine the cause of the slide On May 27, 1999, Mr. Jones submitted his final geotechnical analysis of the slide conditions on the Witham property. fE)(7ifBIT 8.] Mr. Jones' report concluded that the Witham property is located on an area where an old landslide occurred several thousand years ago. This deep seated landslide extended from the top of the slope above Monte Vista Drive to about sea level on the eastern border of the Witham property This old landslide area had accumulated a colluvium layer on which the Witham residence had been built and on which large trees and other vegetation had grown over the years. Prior to the slide in 1999, the slope angle on both lots of the Witham property was very steep, approximately 45 degrees. These steep slopes were marginally stable and would have failed if it had not been for the trees on the slope, with root systems adding reinforcement and strength to the colluvium. The reason the slopes were so steep on the Witham lots, is that the ground at the toe of the slopes had been eroded and undercut by wave action. The undercutting steepened the normal slope. More than thirty years prior to the slide, a bulkhead had been constructed across the southern Witham lot The area between the toe of the slope and the bulkhead was filled to ground level. This landfill added to the stability ofthe steep slope in front of the Witham residence. On the northerly lot, however, no such bulkhead or other toe protection had been put in place, therefore, erosion continued. In the Winter of 1998/99 Bainbridge Island experienced an extended four month period of record rainfall. Groundwater saturation was unusually high and the colluvium became saturated. The February 1999 slide occurred when the already marginally stable slopes were subjected to the additional stresses of the unusually high seepage forces and saturated colluvium. Nearly all the slide debris slid into Manzanita Bay SSDP/Cl,rp05-25-99-1 Witham - /1498 NE Monte Vista Drive. Page -3- Hearing Examiner City of Bainbridge Island Because of the speed of the slide and the momentum the slide generated, some of the slide debris slid out into Manzanita Bay 100 feet or more from the shoreline. Mr. Jones concluded that the slopes on the Witham properties after the slide were unsafe and would continue to slide, endangering both the Witham residence and the Childs residence unless a rock buttress was built along the toe of the slope to increase slope stability. Mr. Jones concluded that there was no need to install drainage for slope stability on the Witham property because the rock buttt~ss installed along the western shore was adequate to stabilize the slopes west of the Witham htuse and in the slide area. {EXHIBIT 8) , 8. At public hearing Mr. Jones testified that, in his expert opinion, nothing tha~ the Withams had done in the development of their residential property had contributed to the caj.Ise of the slide on the unimproved lot 9. Prior to the landslide occurring on the Witham property, the shoreline had Ij>een compromised by a bulkhead which protected the residence located on Lot 3. In adKIition, the Childs' property was bulkheaded using rock. The areas, to the east of the bulkheads on the Hansen, Childs and Witham residential properties had been landscaped and vegetation had been trimmed back from the shoreline. Both the Hansen and Witham properties had fill behind the bulkheads which had been leveled and landscaped for recreational use by the owners The bulkheads on the Witham and Hansen properties were built beyond the Ordinary ~gh Water Mark sometime in the 1960's, prior to the adoption of the Shoreline Master Prognlm. Prior to the slide, the only unbulkheaded portion of the three properties was the Witham unimwoved Lot 4, this lot was the site of the massive slide. The upper intertidal beach habitat on this ,80 feet of natural shoreline was buried by slide debris 10 Since an emergency condition existed on the Witham property which mand~ted immediate remedy, the usual project review procedures were not available to the City or the '1pplicant. An Emergency Exemption Permit was issued by the City on March 19, 1999. On Manch 22, 1999 the Washington State Department ofFish and Wildlife (WSDFW) issued a Hydraulic Project Approval (HPA) Permit for the Witham project. [See EXHIBIT 13 BP.] On April ,2, 1999 an amended Hydraulic Project Approval was issued by the WSDFW. This April 2, HPA restricted construction of the rock buttress structure waterward of the Witham residence and did not authorize construction of a rock buttress structure on the adjacent undeveloped lot to the north. {See EXHIBIT 15 BP.j Again on April 7, 1999 the WSDFW issued an amended HP A Permit [See l:XHIHIT 12 BY] Again on April 23, 1999 the WSDFW modified and reissued its HPA Permit for the Witham project, extending authorization for the placement of a rock buttress structure waterward of the Witham residence and continuing onto the adjacent undeveloped lot to the north and onto the Childs' property {See EXHIBIT 16 BP.j On June 14, 1999 David S Berry of Caicos Corporation, representing Mr. & Mrs. Witham, informed the City by letter that the SSDPfCUP05-25-99-1 Witham - n498 NE Monte Vista Drive. Page -4- Hearing Examiner City of Bainbridge Island Witham slide revetment structure had been completed. [See EXHIBIT 23 BP.] The application for Shoreline Substantial Development/Conditional Use Permit was filed with the City on May 25, 1999 I I The placement of this rock structure across the shoreline of the Witham property has caused a permanent loss of upper intertidal beach habitat. The rock structure is built waterward of the Ordinary High Water Mark (OHWM) on the Witham property. The structure is landward of the OHWM on the Hansen and Childs properties. {EXHIBIT 8] 12. A SEPA MONS was issued by the city on December 4,1999 requiring mitigation for 2,880 sq.ft. oflost upper intertidal beach habitat. This 2880 sq.ft. measurement was provided by WSDFW. On December 21, 1999, representatives of Washington State Department ofFish and Wildlife, the Washington State Department of Ecology, City of Bainbridge Island Department of Planning and Community Development and Mr Witham met at the site. The parties took measurements and made another estimate of the size of fill intrusion on the upper intertidal beach habitat along the shoreline This December estimate was approximately 3,227 sq.ft. {See EJ(HIHIT 29, Page 2. / A revised MONS was issued by the City on January 15, 2000 modifYing the measurement for the area of intrusion into the upper intertidal beach habitat. This modified MONS was withdrawn by the City in early February, 2000 By letter dated February 14, 2000, {EXHIBIT 49]. the City asked the applicant to submit a document showing the location ofthe slide toe graphically depicted on a scale drawing. Mr. Witham provided documentation for the location of the mean high water line on his property post slide [EXHIBIT 55/. This new measurement was accepted by the City of Bainbridge Island {EXHIBIT 56] to calculate the area of fill intrusion for mitigation purposes. The new measurement for this area of intrusion on the upper intertidal beach habitat was agreed to be 1,952 sq.ft. {EXHIBIT 56] A final SEPA MONS issued on August 19, 2000. {See EXHIBIT 7.} It is from this last revised SEPA MONS that both the Withams and the Suquamish Tribe have appealed. 13 When determining the Ordinary High Water Mark for the Witham property, the City agreed to use the Ordinary High Water Mark identified by the applicant at its post slide location on the shoreline (Staff Report, Page 23.) The City, relying on the Geotechnical Engineering Report provided by the applicant {EXHIBIT 8], determined that there was no evidence in the record to show that this slide was other than a natural event which reestablished the Ordinary High Water Mark for the Witham property. (See discussion in the Staff Report at Page 37.) Members of Planning Department staff visited the Witham site in December of 1999. Staff observed that the lobe of the slide remained substantially in place. Tidal action and wave action had made little change in the slide debris footprint and content some ten months after the slide. Staff concluded that because of an act of nature (the massive landslide which occurred on Lot 4) the Ordinary High Water Mark on the shoreline had changed from its original location and under SSDPfCIJP05-25-99-1 Witham - 6498 NE Monte Vista Drive. Page -5- Hearing Examiner City of Bainbridge Island natural conditions would have remained as a permanent change to the Ordinary High Water Mark location for that shoreline. Based on these conclusions the area offill intrusion on the upper intertidal beach habitat was reduced to 1,952 sq.ft. and mitigation measures required in the August 19, 2000 SEP A MONS were defined by this measurement. 14 Mr. Theisfeld, a Habitat Biologist for the Department ofFish and Wildlife, stated at the public hearing that his department supports a requirement of2,880 sq.ft. of upper intertidal beach habitat restoration as mitigation for this loss The WSDFW, however, did not appeal the August 19,2000 revised SEPA MONS issued by the City of Bainbridge Island. 15. The Suquamish Tribe in its appeal, asserts that the loss of functioning intertidal habitat at this site measures 3,181 sq .ft. as determined in the December 21, 1999 site visit. (This calculation was memorialized in EXHIBIT 75.) The Tribe does not accept the post slide OHWM location relied on by the City in calculating the area of intrusion for mitigation purposes in the August 19, 2000 SEPA MONS. 16. In its appeal, the Tribe contends that the slope failure which resulted in this massive slide on the Witham property was caused by City permitted development up gradient from the site which allowed increased storm water runoff and ground water pressures to saturate the steep slopes on the Witham property and accelerate the landslide. The Tribe did not provide any expert testimony to support these conclusions, but instead relied upon the lay opinions of neighbors of the Withams. There is no substantial evidence in the record to support the Tribe's contention that the slide on the Witham property was caused by poor land use planning, clearing or storm water practices permitted by the City as alleged in the Tribe's letter of appeal. The only expert opinion contained in the file, which addresses the cause of the slide on the Witham property, are the documents submitted by Leland Jones of Shannon and Wilson, Inc. Mr. Jones also testified at the hearing. Mr Jones is a qualified Geotechnical Engineer who conducted a geotechnical analysis of the site and reviewed the work previously done by other members of his engineering firm at the site. {leXHIBIT 8.1 Mr. Jones testified that no offsite groundwater or stormwater runoff analysis was done by his company. Melva Hill, City of the Bainbridge Island Public Works Department, also testified that the City has not done a stormwater analysis for properties in this area. Some improvements were made to the ditching system along Monte Vista Drive after the slide. Shannon and Wilson found that the high water table beneath Monte Vista Drive created a potential for piping and instability of the steep slopes north of the Witham property, however, this piping potential is not related to the slide on the Witham property, it is a natural condition related to the geology of the area. The study concluded that a longer term assistance to the stability of other property in the neighborhood might benefit from a comprehensive study of drainage control from the property east of Monte Vista Drive. However, this study was not required on the Witham property since the buttress fill will provide the long term stability needed to stabilize the SSDP/CUP05-25-99-1 Wilham - 6498 NE Monte Vista Drive. Page -6- Hearing Examiner City of Bainbridge Island slopes and protect them from piping. Mr Jones' geotechnical analysis is the only expert analysis done on the site There is no evidence in the record to substantiate the Tribe's claim that the slide occurred as a result of manmade conditions. To the contrary, the geological conditions at the site coupled with the unusual weather conditions of 1998/99 were the contributing causes identified in Mr Jones' geotechnical analysis. [EXHIB/T 8.} 17 The rock structure which has been placed along the shoreline in front of the Hansen, Childs and Witham properties does not interfere with the normal public use of the public shoreline The rock structure is located on private tidelands and has been located as close as possible to the toe of the slope to provide slope stability and to minimize intrusion onto the tidelands [Testim01~V of I,eland Jones at the public hearing] I 8. This rock structure has been designed by the Geotechnical Engineer to create a slope stability with an acceptable safety factor for the Witham and Childs residences. The project has significantly changed the physical nature of the shoreline. Prior to the slide, the Withams' Lot 4 was entirely vegetated and unimproved. The Witham residential lot was fully developed and landscaped down to the bulkhead. Efforts have been made by the Withams to add soil and vegetation to the top of this rock structure to minimize its visual impact on the shoreline. Mitigation measures have been recommended by the Department of Planning and Community Development which require the applicant to plant vegetation to cover to this large rock structure to improve visual aesthetics and make the site more compatible with surrounding property uses The rock structure cannot be altered, since it was designed to be the minimum necessary to provide slope stability for these lots. The applicants have done extensive research to determine what vegetation, ifany, will grow on top of the rock buttress. They have sought the advice of the Kitsap Conservation District, the Washington State Extension Service and the City of Bainbridge Island Environmental Planner. They have placed more than 100 yards of topsoil on the structure to provide a planting base for vegetation. They have had little success growing groundcover. The depth of the rock across the face of the structure at the shoreline is 12-15 ft., making revegetation efforts at the shoreline nearly impossible. The applicants have tried to meet the requirements of proposed mitigation for vegetating the site, however, most consultants have advised them that their probability of success is low. [Testimony of Charles Witham in EXHIBIT 60, letters from Mardell Witham.} During testimony at the public hearing Mr. Jones was asked whether planting of upland vegetation on the rock buttress would change the safety or efficiency factor for slope stability provided by the rock buttress. It was Mr. Jones' opinion that the addition of soils and vegetation on top of the rock buttress for the purpose oflessening its visual impact and increasing its compatibility with other properties in the vicinity would not lessen the integrity of the rock buttress structure from an engineering point of view, so long as the rock buttress structure itself was not altered from its present design or location. SSDP/CUPOS 25 99-1 Witham - 6498 NE Monte Vista Drive. Page -7- Hearing Examiner City of Bainbridge Island 19 Mr. Leland Jones testified that there has been no adverse impact on neighboring beaches as a result of placement of this rock structure on the Witham property. There has been a slight improvement to the beach on the Hansen property after placement of the rock structure. The Childs' rock bulkhead has remained in place and the beach located on the Childs' property has not been affected by the placement of this rock structure along the shoreline, according to Mr Jones. There was no study done to determine the drift pattern in the waters in front of the Witham property before or after this project was built. Some beach scouring will occur at the base of the rock buttress. 20 The rock structure built on these three properties measures 248 ft. in length from north to south, 80 ft in width, and rises 52 ft from the fill line on the west to the top of the revetment or rock structure on the east. [Testimony of Debbie Randall at public hearing and ~XHIBIT 99, Staff Report.] 21 The Washington State Department ofFish and Wildlife required, as a condition of their emergency permit for this project, that the Withams remove three creosoted pilings and 120 ft. of creosoted bulkhead [See EXHIBIT J OEfor additional conditions attached to the Hydraulic Project Approval dated April 2, 1999.] The WSDFW agreed with Mr. Witham that a 5% to 10% mitigation credit should be allowed for the removal of these timbers from the site. [EXHIBIT 41, Letter dated 126/2000.] 22. In kind and on site replacement of resource function cannot be provided on this site since the rock structure now in place cannot be altered. The physical characteristics of the site determined the size of the structure necessary to stabilize the slope on these two lots. Mitigation for the loss of upper intertidal beach habitat must therefore take place in an alternative location. The city has determined that 1'1 replacement ratio by area will mitigate adequately for habitat loss at this site (SEPA MONS Condition l(a)). 23 Although the applicants have been attempting to locate a site for mitigation measures required for replacement of lost upper intertidal beach habitat, no site has been identified which is acceptable to the City, the State of Washington and the applicant. Work on finding a mitigation site is continuing. Steve Theisfeld made several suggestions for mitigation sites in the County but outside of the City of Bainbridge Island. Mitigation sites proposed by Mr David Berry ofCaicos Corporation on behalf of the applicants prior to the hearing, were not approved by the Director 24 During the public hearing, Mr Wheat, on behalf ofthe Suquamish Tribe, withdrew the Tribes' appellate issue relating to replacement of riparian vegetation at the site. 24 The Suquamish Tribe, in its appeal of the SEPA mitigation measures, has objected to the SSDP/Cl~OS-2S-99-1 Witham 6498 NR Montc Vista Drive. Page -8- Hearing Examiner City of Bainbridge Island replacement ratio of 1.1 for mitigation required by the City of Bainbridge Island. There is substantial evidence in the record to support the City's replacement ratio of 1: I rather than the increased 1'1 5 ratio requested by the Tribe. In EXHIBIT 29, Ms. Randall of the Department of Planning and Community Development outlines the City's position regarding this replacement ratio Ms. Randall points out that prior to the slide the shoreline along the Witham property was already substantially obstructed. The unimproved lot, where the slide occurred, was an approximately 80 ft. portion of shoreline which contained dense native vegetation down to a naturally occurring Ordinary High Water Mark The remaining shoreline on the Hansen, Witham and Childs properties was obstructed by bulkhead and nearly devoid of near shore vegetation. The shoreline below the Witham and Hansen residences was obstructed by creosote treated wooden bulkheads placed 15-20 ft. waterward of the natural Ordinary High Water Mark and fill had been placed landward to create level grassy recreation areas. This bulkhead had been in place since the 1960's. The shoreline below the Childs' residence was obstructed by a rock bulkhead placed 3-5 ft. waterward of the natural Ordinary High Water Mark. The slope on the Childs' property had been substantially altered with retaining features placed below the residence and most native vegetation had been cleared from the slope face. After the slide activity only portions of the Childs' rock bulkhead and the Hansen's bulkhead remained. Therefore, prior to the slide, a majority of the shoreline, now covered by the rock buttress structure, was not providing high quality habitat. Due to the manmade features placed along the shoreline, there was obstructed interaction of the upland with the tideland. Native vegetation did not overhang or easily drop into this area and soil, air and salt water spray transfer could not easily occur at these sites, except where the natural shoreline remained along the face of the Witham Lot 4. Prior to the slide there were materials in place on the Hansen and Witham properties which were hazardous to native species, namely the creosoted timbers which had been used to form the bulkhead along the shoreline. The Shoreline Master Program requires mitigation to be in kind and of equal or greater value than the habitat lost. In this case the replacement will be of equal or greater functional value which satisfies the requirements of the Shoreline Master Program. 26 It is appropriate that the applicant be allowed to outline a plan for more than one type of mitigation activity to meet the goal of habitat function restoration. As a condition of the emergency approval for placement of the rock buttress structure, the Withams were required to remove the creosoted timbers from the bulkhead on their property and several creosoted pilings which were located in the tidelands. This hazardous material was removed and has been replaced by inert rock material. In removing these creosoted timbers, the Withams have mitigated some of the adverse impacts to the shoreline environment which existed on their property prior to the slide. It is appropriate that this removal of creosoted timbers be credited toward mitigation at this site since the removal of those creosoted timbers contributes to the overall goal of restoration of natural habitat function at this site It is recognized that this site is still significantly impacted by the placement of the rock buttress structure along the shoreline, however, hazardous material has SSDPfCUP05-25-99-1 Witham 6498 NE Monte Vista Drive. Page -9- Hearing Examiner City of Bainbridge Island been removed from interaction with the waters of the tidelands in compliance with the policies of the Shoreline Master Program. Mitigation credit was agreed to by the WSDFW even though the timber removal was a required condition of the HPA permit. Credit for this timber removal is a reasonable request by the applicant which recognizes the applicant's efforts to diminish environmental impacts at the site. 27 The Staff Report sets forth the chronology of the permit applications and the decisions which constitute the history of this emergency Shoreline Exemption project and the subsequent filing of an application for Shoreline Substantial Development and Conditional Use Permit on the Witham property A review of that history shows that all parties were responding to a significant emergency which existed on the Witham property. It is without dispute that there was confusion regarding the requirements for applications for the emergency exemption to get this project started. A review of the record shows attentive efforts by both the applicant and the City to respond to the emergency as it presented itself in FebruarylMarch of 1999. The original permitting allowed by the City and the State of Washington limited emergency measures to that part of the shoreline directly in front of the Witham residence. During the course of design and placement of a rock buttress along the shoreline of Lot 3, it became apparent that the slide was continuing to sluff to the north and the Childs residence became endangered. At that point in time the emergency exemption was extended to include Lot 4 and the Childs and Hansen properties. The record shows that information regarding the conditions at the location of the slide continued to change during the course ofthe design of the project, especially in the early months, and that the permitting for the project was amended to reflect new information provided by the applicant and his consultant. Conditions at the site changed the design of the rock buttress recommended by the Engineer As that additional information was provided to the City and to the WSDFW, additional amendments were added to emergency permits and deadlines for construction at the buttress were extended. Changes in the conditions of the site were not known to the applicants at the time of the original slide but became apparent as the project progressed. Geological conditions on the property continued to destabilize the slope on the Witham property after the original slide on February 24, 1999 and those conditions required a redesign and reengineering of the rock buttress proposed by the Geotechnical Engineer during the course of the project. Because permits were required from both the State of Washington and the City of Bainbridge Island, there was some inherent delay in the permitting process, however, there is no indication from the history of the project that those delays in obtaining permits were unreasonable in the context of the information provided by the applicant and his consultant and the communication of the changes at the site to the agencies involved in issuing permits. 28 The Staff Report dated October 25, 2000, describes in detail the provisions of the SSDP/CUP05-25-99 I Witham ~ 6498 NE Monte Vista Drive. Page -10- Hearing Examiner City of Bainbridge Island Shoreline Master Program as they relate to this shoreline project It is apparent from a review of the policies and regulations included in the Shoreline Master Program that an emergency structure such as the one built on the Witham property cannot fully meet the requirements of the Shoreline Master Program. It was the testimony of Mr. Leland Jones, the Geotechnical Engineer for this project, that the rock buttress built on the Witham property is the minimum necessary to protect the Witham and Childs residences and to ensure the stability of the steep slopes on the two Witham lots. The design of the structure cannot be altered since any alteration may reduce the safety factor for slope stability The Washington Administrative Code does provide for the protection of single family residences from slope instability That protection is of necessity located in the native vegetation zone outlined in the Shoreline Master Program. In this circumstance the slope stabilization feature has totally replaced the native vegetation zone Mitigation measures have addressed the replacement of vegetation on the slope. 29. Restoration of beach habitat to its pre-slide condition is impossible due to the placement of the rock buttress structure waterward of the Ordinary High Water Mark. Mitigation measures therefore have allowed off-site replacement to compensate for loss of intertidal habitat. 30 A review of the Staff Report and the records of the Planning and Building Departments, as well as other documents provided by the City and the applicant, show a concerted effort both on the part of the applicant and the City to comply with the policies and intentions of the Shoreline Master Program. The massive landslide at this site destroyed much of the natural shoreline protected under the regulations ofthe Shoreline Master Program. These adverse impacts to the shoreline can be mitigated but cannot be eliminated ,lit has been demonstrated by the applicant that a smaller revetment, or a nonstructural solution, such as soft bank protection using protective berms, drift logs, brush beach feeding and vegetative stabilization were not feasible at this site due to the geological conditions of the slope. 12. The City and the Applicants agreed that the words "private consulting entities" should be stricken from the last two sentences of SEP A paragraph 1 f and also that the words "a minimum of' should be stricken from SEPA Revised Mitigation Measures, Paragraph la. at the beginning of the third line before the number 1,952 sq.ft. CONCLUSIONS OF LAW I . This matter is properly before the Hearing Examiner for decision on an application for a SSDP/CUP05-25-99-1 Witham - 6498 NE Monte Vista Drive. Page -11- Hearing Examiner City of Bainbridge Island Shoreline Substantial Development/Conditional Use Permit for a permanent rock buttress along the shoreline of property owned by Charles and Mardell Witham in the City of Bainbridge Island. The appeals of the SEPA MONS issued August 19, 2000 are also within the jurisdiction of the Hearing Examiner 2 On November 3,2000, a public hearing was held before the Hearing Examiner to consider the application. Prior to the hearings, notice was published in the Bainbridge Review on October 18, 2000 Notice of the Public Hearing was mailed to owners of property within 300 feet of the proposed project, and notices were posted at the City Hall, the Chamber of Commerce and the Ferry Terminal on the 16th day of October 2000 In addition, notice was posted at the site on the l8'h day of October, 2000. 3 The application for Shoreline Substantial Development Permit/Conditional Use Permit has been joined by two neighboring property owners: Gerald and Shannon Childs and Reed and Brigitte Hansen The rock buttress structure, needed to stabilize the slope on the Witham property, required a design which extended onto both the Childs and Hansen properties. 4 This rock buttress structure was constructed pursuant to Emergency Permits obtained from the City of Bainbridge Island and the WSDFW in February/March/April and May, 1999. This project qualified for an Emergency Exemption because it was an appropriate means to address an emergency situation which constituted an imminent threat to the safety of the Childs and Witham residences and to the shoreline of Manzanita Bay. 5 The emergency situation caused by an extremely dangerous geological condition on the site, did not allow compliance with all policies and regulations contained in the Shoreline Master Program. Emergency exemptions are allowed under the Washington Administrative Code. The WAC anticipates that there will be circumstances where all policies and requirements of the Shoreline Master Program cannot be met by a project. This project was done under an Emergency Exemption Permit and the record shows that the requirements ofthe Shoreline Master Program have been met where possible. 6 Mitigation required by the Shoreline Master Program is based on the adverse impacts to the shoreline caused by the project It is the responsibility of the property owner to mitigate the impacts to the tidelands caused by the placement of a manmade structure or revetment along the shoreline which destroys beach habitat The Washington Administrative Code, Section 173-27- 040(2)( d), allows emergency construction necessary to protect property from damage by the elements. An emergency is defined as an unanticipated and imminent threat to public health, safety or the environment, which requires immediate action within a time too short to allow full SSDP/ClJP1)5-25-99-t Witham - 6498 NE Monte Vista Drive, Page -12- Hearing Examiner City of Bainbridge Island compliance with SEP A All emergency construction, however, must be consistent with the policies ofRCW 90.58 and the local Shoreline Master Program. The Bainbridge Island Municipal Code requires critical area restoration and mitigation for unavoidable impacts to critical areas under BIMC 16.20. Where negative impacts to critical areas are necessary and unavoidable, the applicant is required to take measures to minimize those impacts. It is the responsibility of the applicant to mitigate the unavoidable impacts to the shoreline upon which the rock buttress has been built. Since it is not possible to restore natural function to the beach area underneath the rock buttress structure, an in-kind replacement off-site is an appropriate mitigation requirement for this project. The reason for the rock buttress at this location is to protect the homes built on a geologically hazardous slope. The Witham residence is protected by this rock buttress and their property is benefitted by the slope stability provided by the buttress. It is the applicants' responsibility to mitigate for the unavoidable negative impacts to the shoreline, which of necessity remain, due to the rock buttress placed on the property. (BIMC 16.20) SMP Section III, 0, Regulations 4-8. 7 Mitigation measures required by the City are reasonable and will meet the requirements of the Shoreline Master Program to protect this environmentally sensitive area. These measures will mitigate for impacts which were unanticipated The Withams' use of their residential property did not directly contribute to the cause of this massive landslide, according to the expert opinion of Mr. Jones. The Witham residence has been located at this site since 1969. It was built on this platted lot prior to the adoption of the City of Bainbridge Island Shoreline Master Program. 8 Shoreline Master Program, Section VII,J,2,a(I), requires the applicant to demonstrate "the proposed use will be consistent with the policies of RCW 90.58.020, or its successor, and the policies of the Master Program." The applicant has shown that the rock buttress structure built on the property is required to protect their single family residence and the residence of their neighbor to the north from slope instability. The use of this property for single family residences is permitted under the Shoreline Master Program of the City of Bainbridge Island. This rock buttress has been designed to provide the minimum impact to the shoreline and still maintain the required safety factor for slope stability to protect the single family residences owned by the Withams and the Childs' The use of this rock buttress structure on a permanent basis is consistent with the policies of the Revised Code of Washington 90 58.020 and with the policies of the City of Bainbridge Island Shoreline Master Program. SSDP/CUP()5-25~99-1 Witham 6498 NE Monte Vista Drive. Page -13- Hearing Examiner City of Bainbridge Island 9. Shoreline Master Program, Section VII, J, 2, a(2), requires that the applicant demonstrate "the proposed use will not interfere with the normal public use of the public shoreline." This rock buttress structure has been built on privately-held tidelands. The structure is located entirely on private property and will not interfere with the normal public use of public shoreline. 10 Shoreline Master Program, Section VII, J, 2, a(3), requires that the applicant demonstrate "the proposed use of the site and design of the project will be compatible with other permitted uses within the area" This application for permanent use of this rock buttress structure has been joined by the neighbors both to the north and immediately to the south of the Witham property. The rock buttress replaces a portion of a rock bulkhead and a timbered bulkhead which existed at the site prior to the slide A shoreline revetment feature is allowed under the BIMC, to protect single family residential sites along the shoreline. Because of its massive size, this rock buttress structure significantly changes the pre-slide visual aesthetics of the shoreline. Prior to the slide, Witham Lot 4 was a naturally treed and vegetated undeveloped lot without shoreline bulkheading. The shoreline along Monte Vista Drive has been developed into single family residential lots, many of which are protected by bulkheads along the shoreline. The building ofthis rock buttress structure to protect the Witham and Childs residences is consistent with the use of the properties along this shoreline for single family residential use. According to the Geotechnical Engineer retained by the applicant, the design of this project is the minimum necessary to ensure slope stability for the Witham property Mitigation measures have been required under the SEPA MONS to soften the visual impact of this rock buttress A vegetation cover will be planted to soften the visual impact of this massive rock structure. Vegetation will make the site more visually compatible with other uses along the shoreline. I L Shoreline Master Program, Section VII,J,2,a( 4), requires the applicant to demonstrate "the proposed use will cause no unreasonably adverse affects to the shoreline environment designation in which it is located" Severe adverse environmental impacts to the shoreline were been caused by this massive landslide A rock buttress structure along the shoreline of the Witham property will cause adverse impacts to the shoreline. These unavoidable adverse impacts have resulted in a substantial loss of upper intertidal beach habitat and loss of a natural vegetative zone along the shoreline The applicants' Geotechnical Engineer testified that the design of the rock buttress structure is the minimum necessary to ensure the safety of the single family residence located on the property. Mitigation measures required under the SEP A MONS will mitigate some of the adverse impacts of the buttress structure. The use of this shoreline property for single family residences is a permitted use. Off site mitigation will help compensate for loss of upper intertidal beach habitat at the site. The applicant has shown that reasonable steps have been taken to minimize the adverse environmental impacts unavoidably caused by this slope stabilization project. Compliance with conditions attached to the August 19,2000 SEPA MONS will further mitigate those impacts. 12. Shoreline Master Program, Section VII, J, 2, a(5), requires the applicant to demonstrate SSDP/CUP05-25-99-1 Witham - /1498 NE Monte VIsta Drive Page -14- Hearing Examiner City of Bainbridge Island Hearing Examiner City of Bainbridge Island Page-15- SSDP/ClTPOS-2S-99-1 Witham ~ 649R NE Monte Vista Drive. 15 The Shoreline Master program does not require a determination of the cause of the slide event or an assignment of responsibility for the slide as a part of the application for placement of a slope stabilization feature on the property. The property owners have applied for a permit to retain a rock buttress structure for slope stabilization on their residential property located along the shoreline. The Shoreline Master Program requires mitigation for impacts caused by the placement of that structure along the shoreline. To use this rock buttress structure on a permanent basis a permit must be obtained from the City of Bainbridge Island allowing its placement. The rock buttress structure adversely impacted the upper intertidal beach habitat and the native vegetation zone located on the Witham property Mitigation for those impacts is the responsibility of the applicant and is a proper condition to the approval of a permit to build and 14. The slope stability structure built on the Witham property complies with the applicable provisions of the Bainbridge Island Municipal Code. The Suquamish Tribe did not provide substantial evidence to support its contention that the City of Bainbridge Island had improperly measured the area of intrusion into the upper intertidal beach habitat along the Witham shoreline The Tribe relied on a preliminary measurement made in December of 1999 on a site visit unattended by any Tribe representative. Subsequent to that visit, the applicant and the City of Bainbridge Island did further calculations at the site and amended the measurements that were taken at that December meeting. This later measurement was adopted by the City and included in its revised SEP A MONS dated August 19, 2000. Documentation was provided to support this new measurement Substantial weight must be given to the decision of the Director to use this new measurement in the revised MDNS. 13 Shoreline Master Program, Section VII, J, 2, a(6), requires that the applicant demonstrate "the proposed use is consistent with the provisions of the Zoning Ordinance and the Comprehensive Plan" Private single family residential uses are specifically permitted on this site, along with accessory uses.(see BIMC 18.27.020.) An accessory use is defined by BIMC 18.06030 to be a use "customarily incidental and related to the principal use on the same lot." This shoreline revetment structure is incidental to the primary use and necessary for the continued use of this property as a single family residential site The Comprehensive Plan also designates this area for single family residential use and shoreline revetments are allowed to support single family residences along the shoreline where necessary because of unstable geological conditions. "the public interest suffers no substantial detrimental affect." Since this massive rock buttress structure is located entirely on privately-held tidelands, public beach pedestrian access is not affected The public will continued to have access over the waters of the State of Washington along this shoreline. The visual aesthetics of the shoreline have been significantly changed by this rock buttress structure since it replaces a naturally treed and vegetated undeveloped slope. This slope, however, was substantially changed by a massive landslide which removed all vegetation and sent slide debris out into Manzanita Bay. Mitigation measures are required to soften the visual impact for the public's visual enjoyment of the vegetated shoreline Offsite mitigation measures will replace lost beach habitat. maintain a shoreline slope stabilization feature. 16. The City of Bainbridge Island's conclusion that this massive slide occurred because of natural geological and meteorological conditions existing at the site during the Winter of 1998/99 IS supported by the report ofthe Geotechnical engineer There is no scientific evidence in the record to support the Suquamish Tribe's contention on appeal that this slide was a result of anthropogenic modification of the slope. To the contrary, Mr. Leland Jones, the Geotechnical Engineer who studied the site, testified that the Withams' use of their property had not contributed to the cause of the landslide on their unimproved lot. There are no comprehensive studies of drainage patterns on properties surrounding this site. Other than speculation, there is no identified source, other than excessive rainfall, for the increased groundwater which saturated the slope on the Witham property and caused the slide {EXHIBIT II.] 17 At the public hearing, Scott Wheat, representing the Suquamish Tribe, withdrew the Tribe's appeal issue regarding replacement of riparian vegetation at the site. Mr. Wheat acknowledged, after hearing testimony from the applicant and reviewing the record, that revegetation of the Witham lot to its natural vegetated state pre-slide is improbable 18 The Hearing Examiner must accord substantial weight to the Department of Planning and Community Development's determination that an Environmental Impact Statement is unnecessary because adverse impacts can be mitigated in an MONS. {RCW 43.2I.C090; WAC /97.1 /6110.3. vi; Swift v. Island County 87 Wa.2nd3411, 1976.] 19 The appellant Tribe has the burden to show that the Planning Department made a mistake when it issued the MONS. {See Levitt v. Jefferson County, 74 Wa.App.668, (1994)] The issue on appeal is whether there are significant adverse environmental impacts associated with a proposal that cannot be mitigated. SEP A does not require that all adverse impacts be eliminated {Morantha Mining v. Pierce County, 59 Wa. App. 795, (1990)1 20 Mitigation measures imposed by the Planning Department must be stated in writing and must be reasonable and capable of being accomplished. {WAC 197.1 J.660} 21. Mitigation measures must be related to an identified adverse impact of the proposal and must be based on policies identified by the Planning Department and incorporated into regulations plans or codes which are formally designated by the agency. [RCW 43.2J.C.060; WAC /97.//.660; and Levine v. Jefferson County. //6 Wa.2nd,575, (199/)J 22. The applicants have demonstrated that the rock buttress structure built on their property is the minimum necessary to provide the protection for their residences presently existing at the site. The requirements of the Shoreline Master Program have been met where possible. A Shoreline Substantial Development/Conditional Use Permit is needed to allow the continued use of this rock buttress structure on a permanent basis. The requirements for a Shoreline Substantial SSDPfCliP05-25-99-1 Witham 6498 NE Monte Vista Drive Page -16- Hearing Examiner City of Bainbridge Island Development/Conditional Use Permit can be met provided the SEPA MONS conditions for mitigation are met Those conditions are made a part of this Shoreline Substantial Development/Conditional Use Permit approval and are as follows: SEPA MITIGATION MEASURES AND CONDITIONS. l.a The landowners shall submit to the Bainbridge Island Department of Planning and Community Development Director a mitigation plan to create and/or restore 1,952 sq.ft. of upper intertidal beach habitat, pursuant to Chapter 16.20, Bainbridge Island Municipal Code (BIMC). Implementation of this plan will result in the mitigation of that intertidal habitat area irrevocably destroyed by the placement of the rock slope support structure, along the slope face, at Ordinance High Water and waterward of Ordinary High Water (as measured post slide) Mitigation credit for the removal of the creosoted bulkhead and creosoted pilings from the site shall be determined by the Director when approving the mitigation plans offered by the applicant. This credit for the removal of hazardous materials from the site by the applicant shall not exceed 5% of the total mitigation replacement required since the bulkhead structure has been replaced by a rock buttress. b The plan shall be submitted in complete form, pursuant to BIMC 16.20.110 Mitigation plan required, within one-hundred eighty days of the approval date of the underlying land use application by the City. Commencement of the mitigation plan shall occur within one-hundred eighty days of City approval of the plan. Reasonable time extensions may be granted by the Director, based on the status of other public agency approvals necessary for mitigation activities (including local, state and federal approvals.) c. The plan shall be authored by a consultant with expertise and experience in the design of such plans. The plan shall clearly delineate the location of the target mitigation area(s), which are preferred to be in the vicinity of the water body Port Orchard, however other portions of Puget Sound may be appropriate. The area(s) must be created and/or restored to provide for functional upper intertidal beach habitat within a reasonable period of time, where there is at present a lack of, reduced, or impaired upper intertidal beach habitat functions. d. The plan may involve removing foreign materials from intertidal areas, such as creosote-treated pilings, stray treated lumber pieces, large concrete blocks, etc., from appropriate intertidal areas. e. If the plan includes replanting or regrading activities that would require monitoring over time to assure continued function, then the plan shall include the following items: Thc plan shall include an itemized estimate of mitigation cost at fair market value. The plan shall mclude a specific funding mechanism, for example a bond or similar surety device, linked to the estimated timeline for execution of the activities, and monitoring for success of the habitat functions for a specified period of time. Such SSDP/CUP05-25-99-t Witham - 6498 NE Monte Vista Dnve. Page -17- Hearing Examiner City of Bainbridge Island surety shall be made to the City of Bainbridge Island. f The plan shall be reviewed and approved by the Director, in consultation with reprcsentatives of the WSDFW, other public agencies with recognized expertise in such habitat management, as so determined by the Director. This mitigation measure is imposed pursuant to BIMC 16.04.l60(D)(1) and (2); and, City Shoreline Mastcr Program, Section III General Policies and Regulations, D. Environmentally Sensitive Areas, Regulations 4 through 8 2.a The landowners shall submit to the Bainbridge Island Department of Planning and Community Development Director annual landscape plans for the re-establishment of vegetation across the rock slope stabilization structure. Implementation of the plans will result in the visual mitigation of that vegetation destroyed and replaced by the rock structure. The plan species and locations should be selected so as to obscure from Manzanita Bay approximately twenty-five percent of the rock structure within three years of initial planting. b The landscape plans shall incorporate text and graphic (to a common scale) depiction of the planting schedule and maintenance program. The plans shall propose location, type, and quantity of plant species in relation to property lines. Plants may be trees, shrubs and/or ground cover Plants should be native to Puget Sound basin and drought resistant. Suggested species include Wax Myrtle (Myrica californiea), Smooth Sumac (Rhus glabra), Hooker's Willow (Salix hookeriana) and Kinnickinnick (Arctostaphylos uvaursi). Soil amendment and irrigation system(s) may be necessary for success ofthe plantings and such features are approved as part off this mitigation. Plant survival mayor many not successful given the inelement slope conditions. An initial plan shall direct the first year's activities, and then there shall be subsequent plans provided at the end of the first year and at the end of the second year, possibly amending landscaping for the coming year pursuant to growth results discovered thus far c. The first annual plan shall be submitted in complete form within sixty days ofthe City's approval date of the underlying land use application. Commencement of the planting schedule shall occur within the first month of the proximate planting season of plan approval by the City. d. The plans shall be reviewed and approved by the Director, in consultation with a representative of the WSDFW. If the landscape plans are not successful at the end of the three-year period, no additional mitigation attempts will be required. This mitigation measure is implemented pursuant to BIMC 16.04.160(D)(I) and (2); and, City Shoreline Master Program Section III General Policies and Regulations, D. Environmentally SensItive Areas. Regulations 4 through 8 and, Section III General Policies and Regulations, E. Native Vel;etation Zone, Regulation 3. SSDPfCUPo5-2S-99-1 Witham 6498 NE Monte Vista Dnve. Page -18- Hearing Examiner City of Bainbridge Island DECISION The applicants' request for a Shoreline Substantial Development/Conditional Use Permit to allow the permanent use of the rock buttress structure built along the shoreline of their property located at 6498 NE Monte Vista Drive in the City of Bainbridge Island is approved. The SEPA appeal filed by the applicants Charles and Mardell Witham is decided as follows. I The Withams' request for an amendment to the SEPA mitigation measures allowing the applicant credit for removal of creosoted bulkhead and creosoted pilings from the site is allowed. 2 The SEPA MONS Section 1.a. shall be amended to add as a final sentence to that paragraph. Mitigation credit for the removal of the creosoted bulkhead and creosoted pilings from the site shall be determined by the Director when approving the mitigation plans offered by the applicant. This credit for the removal of hazardous materials from the site by the applicant shall not exceed 5% of the total mitigation replacement required since the bulkhead structure has been replaced by a rock buttress. 3 The SEPA MONS shall be modified pursuant to an agreement between the City and the applicant to change the wording of paragraph 1.a. and by deleting the words "a minimum of' in the first sentence, just prior to the number 1,952. 4 The SEPA MONS shall be amended pursuant to an agreement between the City and the applicant to amend the language of paragraph I. f at the end of the sentence by deleting the words "and private consulting entities" The Witham appeal requesting a change in the measurement for the amount of intrusion into the upper intertidal beach habitat from 1,952 sq.ft. to 1,800 sq.ft. is denied, except as it may be reduced by the credit allowed by the Director for removal of creosoted timbers from the bulkhead and pilings. The Suquamish Tribe's appeal of the August 19,2000 SEPA MONS issued by the City is denied. An Environmental Impact Statement is not required for this project. The Director's decision to issue a SEP A MONS for the Witham project is affirmed. Mitigation measures imposed by the City in its Mitigated Determination of Non significance are sufficient to mitigate the significant adverse environmental impacts associated with the building of this rock buttress structure along the shoreline. Dated this 12th day of January, 2001, ~.~~ SSDP/CllP05-25-99-1 Witham - 6498 NE Monte Vista Drive Page -19- Hearing Examiner City of Bainbridge Island ~~~~ Robin Thomas Baker Hearing Examiner Pro Tem This Decision on the SSDP/CUP is final unless the decision of the Hearing Examiner is appealed to the City Council within 21 calendar days as allowed in Shoreline Master Program Section VII, J, 5(e) The Decision on the appeals of the Revised SEPA MONS issued August 19,2000 is final unless appealed to the Superior Court in accordance with BIMC 16 04. 170(F). SSDP/Cl:P05-25-99-1 Witham {'498 NE Monte Vista Drive. Page -20- Hearing Examiner City of Bainbridge Island 1 e,t.,K nOM' tm' lZ.SF! MIL -r....P 195, \j~CJ ~21, 270 42),11() Ll-l La'!: to i-~~. 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"oll'l'1' of BEGllIN1t>1C,. MP CI-IG 1'/\JZ3~ CODE 51 '" Sl:tIjS 5T~tllSfLS'lY t\.oU:5. SF,t' AC ,"" 1~311B'J 980S0 "' O\l,,_DD~OOO'O fN-"\\C>E:I.l A\...IC:E. f- ." f 1.:' BO;\ l'~f.S10N ." o Ll'J'lO: E1..DGS,f.1:C: AAl'-\<f.1 \lJl,.Llj'f.. l;..xABL'S 1>'<< 2(lOliM fOR 93900 tJJ{O USE: ) ) , sl1US 1M 51'J.;rus/lJ:;l/'l' caDE M14!>< G0053129 1'/023 5311'.n "^" . cr\G II 6_0i)(,-013-""\ 228,420 ,6,5tlG )01,000 uo 00 AC\>.SS SffPJI,(: .:.El''fOI1L ~ANO 1.JIJ"O: BLOGS,S'l:C: l'IJ\?$st VJl,LUf.: T"" fO\'.200 Ml'J'l.1i'Otl piU'1< 20 98)1.0 2~ pJ>.NGE 1L F L SEctION l~ 10~NS111P ",:,1< OOlS LO"! 11 D-Ol <l.lb SHf.(l.!DN' ;to !3'R"E.MSR10N WI\. ~ ~ to Ii \ . )01,000 215,310 189,220 404.590 t/023"-' ,CHON" ,,,,,"sHLF " """"' 2C """ou p>J" .." ... ,,,., -'" .... .-,." ",~,..- "'-,...-'''~'' .~ ,", -"" ,,,,, ,,_. ...- ,-,. ."" "'.-" " ..",,- .. -, " " ....". -- -, " ,.,,,,,,- ,"0 "sH1S 0' R,CDRP. (AS PCR "",,0011) 'l'I'Jl.1I1'LtA.V LAND: BLpGS,E:'l:C: W>J'.\<f.T VALuE, ,"" FOR ZOO 10' M14N 00055308 u-ND USE "^,p cl-lG MJ'<Nll0U I'/'JlK BLVD coot: " 00 HC Sl1<"tJS/LE\f'( ...CRE.5. sfFP 1\C 10540 51"1'\.15 ,"" 1:'3\800;, ,OS4U jQ.NlTOU BE.AO\ OR Nt BA1NB~IOGE ISLAND W~ 9~ltO CAirl'if<1t'IE o;.(,_Dfl6_U14-GOO<; Lf..l\Kf. 'o11LSO~ 590 40 'rI'JfJ\DLf. j>,.l/ 1110 l.WD USf. 'HS'tA DR 64 90 tiE MONT'/:. 5111J5 l-tOS3 131304904(, liD2)':> 51AtUStLE.I/'! com: l?3161) MP c!-\G ,"" )I}O_OG,-Of)D " A_2S00 ..AGE )\ cO r<l'!SM' coUtI'r'i ASSESSOR "s'EsS"E"' RaCL ,oF ""eN""O''" """,0 <pceooN' NO ;..SSf.SSMEN'r FO'" 1f\XES ?l'<'!I\B1..E Il>1 20CH pC M>>lz,Jl,NITP> SAl HI ,,01 1.1 FE.R InM1101aS J\C",ES s~TP R1I1'lGE. 1E IjtlD 11'1"1' , 6490 ~E ~Otl1f. VIS'll'< DR B....1N8RIDGt 15hAND WA 9S110 SECTION elX 000 '^"'" oS iOWl"SI-lIF 25 ,,-OT 1 1'G'o1 l{<\] P P!ll\..Ll? GOUL! 5,0 ", "",D. fOf!. 100'1. 1M tiE ~OtlTf.. V1S1/\ DR 20eO sn:US ," '1.,:>3182 1~()OO_t)02-000 7/0' PAGE A-2502 KITSAP COUNTY ASSESSOR , )4/27/011 SECTION 08 TOWNSHIP 25 RANGE 2E MANZANITA BAY LOT g, MANZANITA BAY, INrLUDING TIDELANDS, ACCOIlDING TO PLAT RECOil OED IN VOLUME 11 OF PLATS, PAGES 45 AND 46, IN KITSAP COUNTY, WASHINGTON; TO"ETHER WITH AN UNDIVIDED 1/43RD INTEREST IN LOT 11, MANZANITA BAY, ACCORDING TO PLAT RECORDED IN VOLUME 11 or PLATS, PAGES 45 AND 46, IN KITSAP COUNTY, WASHINGTON. 436,870 232,ilOO 204,870 436,870 428,940 232,000 196,940 428,940 TAXABLE AV: M093 00051258 MA' CHG .n 00 ACRES; SFFP At 6'~2 MONTE VISTA DR NE BIII!'lB!l.IDGE ISLAND 0111 981104262 HIIl.JlY, JO::;!'.PH .JR ~ PATRICIA 41~'-ono 009 onU4 15318q6 SECTiON 08 TOWNSHIP 25 RANGE 2E MANZANITA BAy BLK 000 LOT 8 TGW 1/4] UNO INT IN LOT 11 PER 8106170112 ." 00 ACRES SfTP AC: FOR 2ilOl TAX: LAND: BLOGS,ETC; LAND USE: 11101 MARKET VALUE: TAXABLE AV: M093 00051408 TAX STATUS/LEVY CODE: Tl0235 SITUS 6522 NE MONTE VISTA OR MA' CHe .25 .00 ACRES: 6~;~ MONTE VISTA DR NE SFFP AC: BAINBRIDGE ISLAND WA 981104262 TAX STATUS/LEVY CODE; T/02]~ SITUS: 6518 NE MONTE VISTA DR MAR,IN WILLIAM ~ MYRNA ~15-' 000 008-000S 15H888 SECTION 08 TUWNSHIP 25 RANGE 2E MANZANITA BAY PARCEL I; LOT 7, MANZANITA BAY, ACCORDING TO THE PLAT RECORDED IN VOLUME 11 OF PLATS, PAGES 45 AND 46, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL 11; AN UNDIVIDED INTEREST IN LOT II, MANZANITA BAY, ACCORDING TO THE PLAT RECORDED IN VOLUME 11 OF PLATS, PAGES 45 AND 46, RECORDS OF KITSAP COUNTY, WASHINGTON. 449,200 232,000 217,200 449,200 436,630 232,000 204,630 436,630 PAGE A-2501 FOR 2001 TAX; LAND; BLDGS,ETC; LAND USE: 11101 MARKET VALUE; TAXABLE AV MAP ~ M093 CHG ~ 00050979 TAX STATUS/LEVY CODE: T/0235 SITUS: 6514 NE MONTE VISTA DR FRITTS JAMES ~ JAMEE OR36il031587611 ,~/o WASHINGTON MUTUAL 188 106TH AVE NE STE 52U BELLEVUE C WA 98004 4. 57 000 007-0006 1 ~3187n :';ECTION 08 TOWNSHIP 25 RANGE 2E MANZANITA BAY tlLK 000 LOT 6 TGW 1/43 UNO INT IN LOT 11 PER 8106170110 MA' CHG . " .cO ACRES. SFFP AC: LAND; BLOGS,ETC; MARKET VALUE; LAND USE: 11101 FOR 2001 TAX; TAX STATUS/LEVY CODE: T/0235 snus: 6510 NE MONTE VISTA DR KITSAP COUNTY AS~ESSOR ASSESSMENT ROLL FOR BAINBRIDGE ISLAND (ACCOUNT NO.) 2000 ASSESSMENT FOR TAXES PAYABLE IN 2001 TAXABLE AV MAP ~ M093 CHG ~ 00048lJ2 TAXAB:"E AV; M093 0004Q860 11 OF PLATS, PAGES 45 AND 46 IN KITSAP COUNTY, WASHINGTON; MANZANITA BAY PLAT RECORDED IN VOLUME 11 \IF SAID PLAT. SECTION 08 TOWNSHIP 2S RANGE 2E LOT 5, MANZANITA BAY, ACCORDING TO rOGE,HER WITH 1/43 INTEREST lN LOT 216,47() 110,560 105,910 216,47U 55,360 55,360 o 55,360 333,870 166,880 166,990 ]33,870 FOR 2001 TAX; LAND: BLOGS,ETC; LAND USE; 11101 MARKET VALUE: LAND; BLOGS,ETC; MARKET VALUE; LAND USE: 11101 FOR 2001 TAX: 17 CO ACRES: SFFP Ae; TAXABLE AV: M093 00050948 TAX STATUS/LEVY CODE: T/0235 SITUS: 65iO NE MONTE VISTA DR BAI~BRIDGE ISLAND WA 9~110 TAYLOR ALLAN ~ NORMA TRUSTEES 4,57 000 Oil6~OU07 153Hl62 -,")4/27/00 CHILDS GERALD 01 ~ SHANNON 3.136191 HIJr-TINGTON MTG CO THE 7515 HUNTINGTON PARK DR COIlJMB1JS DH 4J23~ '52 415'-000-005-0008 1531854 ,>,,> fOR 2001 tAX: LAND; BLDGS,ETe; LAND USE; 91000 MARKET VALUE; TAXABLE AV: M091 00056640 SECTION 08 TOWNSHIP 25 RANGE 2E MANZANITA BAY BLK 000 LOT 4 TGW 1/43 UND INT IN LOT 11 PER 8106170108 MAC CHG . " .co ACRES: SFFP AC: TAX STATUS/LEVY CODE: T/U235 SITUS 64';H NE MONTE VISTA DR BAiNBRIDGE: ISLAND WA 9811" WITHAM r W 41 '7~1100 OU4-111109 1 ~ 11847 SECTION 08 TOWNSHIP 25 RANGE 2E MANZANITA BAY BLK 000 LOT J TGW 1/4l UNO !NT IN LOT 11 PER 11106170107 MA' CHG . " .<lO ACRES. SffP AC SITUS h4'l1l NE MONTE VISTA DR rOR 2001 TAX: LAND; BLDGS,ETC: TAX 3TATUS/LEVY CODE: T/0235 LAND USE: 11101 MARKET VALUE; TAXABLE AV; MU93 00052242 64g8 NE MONTE VISTA OR BAINBRIDGE ISLAND Wi". 9~1l(1 WITHAM CHARLES i> MARDELL 41 7_ O(lU-OOJ~OOI!O 1 ';318J9 MANZANITA BAY RECORDED IN VOLUME 11 OF PLATS, PAGES 45 AND 46, IN KITSAP COUNTY, WA.SHINGTON; MANZANITA BAY, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS, PAGES 45 JECTION 08 TOWNSHIP 2:, RANGE 2E LOT 2, MANZANITA BAY, A(CORDING to PLAT AN UNDIVIDED 1/4JRD INTEREST IN LOT 11, AND 46. IN KrTSAp rOUNTY, WASHINGTON. 4'lS,550 278,030 495,550 BLOGS,ETC; MARKET VALUE:: LANI' USE: 11101 MAC rHG .00 ACRES b~~4 NE MONTEVI3TA DR SFFP Ae. BA:NBRIOGE ISLAND WA 981101Ll4 TAX :::;TATTJS/LEVY CODE: Tl02J5 HANSEN REED ~ 3RIGITTE