2017-01-24 RICH, CRYSTAL DECLARATION1
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BEFORE THE CITY OF BAINBRIDGE ISLAND
OFFICE OF HEARING EXAMINER
CRYSTAL and YURIE RICH,
Appellants,
V.
CITY OF BAINBRIDGE ISLAND, acting
through its Department of Planning and
Community Development,
No. PLN50468 VEG
DECLARATION OF CRYSTAL RICH IN
SUPPORT OF MOTION FOR
EXPEDITED HEARING DATE
I, Crystal Rich, hereby declare and state as follows:
I. I am one of the Appellants to this matter. In this capacity, I am authorized to
submit this Declaration on behalf of all Appellants.
2. I have personal knowledge of the facts and circumstances set out in this
Declaration. I am over the age of 18, and am competent to testify to the matters asserted
herein.
3. I have personal knowledge of the facts and circumstances set out in this
Declaration.
4. I have read the pleadings filed, herein.
5. The cost of delaying the Hearing is over $5000 per month to our family in
additional expenses when we are not on our land. This is the rent, storage, additional
CRYSTAL RICH DELL. IN SUPPORT OF
MOTION FOR EXPEDITED HEARING DATE - 1 of 4 200 Wh sl w Way US LAW ov380_
200 Winslow Way West, Suite 380
190373 -11 Bainbridge Island, WA 98110
(206) 780 -6777
(206) 780 -6865 (Facsimile)
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insurance, etcetera, that would otherwise be mostly interest payments and deductible on
income taxes.
6. The continued delay by the City in processing our permit in a timely manner
has pushed us into the winter; further delays will push us into the spring season for major
earth work. This is a concern not only for the ability to perform work but can pose long term
environmental impacts as well. Logging an area when the ground is saturated can destroy the
soil layers for future pasture which can take a decade to repair. Quail Hill Road will be
further impacted because it is gravel — it will be softer during the wet weather. Increased mud
makes it harder for equipment to work & trucks to haul, etcetera.
7. The longer we wait, the longer it will take to plant crops — meaning major
growing seasons will be too late or missed entirely. It will also be a more difficult time to
plant pasture and lose the ability for winter cover crops to help with the conversion of the soil
for summer planting. Building and installing hoop houses will also have to be put off. A
delay could literally cost an entire growing year.
8. We only have our rental until June. If the delay is stretched out much longer,
we will have to find another additional alternative living situation. On this Island, that is quite
difficult with the limited rental inventory. It will be at high season when many of the short-
term rentals are unavailable.
9. The longer we delay, the shorter our permit has on the clock for us to complete
work. The permit allows for one years' worth of earthwork to be complete. We have already
used up one of those twelve months with filing the appeal. The proposed Hearing date of
February 22, 2017, will cost us one third of our permit time just to be heard for the matter.
CRYSTAL RICH DELL. IN SUPPORT OF
MOTION FOR EXPEDPT'ED HEARING DATE - 2 of 4
[90373 -11
DENNIS D. REYNOLDS LAW OFFICE
200 Winslow Way West, Suite 380
Bainbridge Island, WA 98110
(206) 780 -6777
(206) 780 -6865 (Facsimile)
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10. The longer we delay, the longer it will take our family to settle. My oldest is a
Junior at Bainbridge High School. We would like him to be settled in our home before he
goes on to college or vocational school.
11. Due process should be quick and efficient. The date of filing was January 5,
2017. Being heard on an appeal to an illegal interpretation for a permit should not be delayed
by two months.
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge and belief.
EXECUTED this 24th day of January, 17 at Bainbridge Island, Washington.
CRYSTAL RICH
CRYSTAL RICH DELL. IN SUPPORT OF
MOTION FOR EXPEDITED HEARING DATE - 3 of 4
[90373 -11
DENNIs D. REYNOLDS LAW OFFICE
200 Winslow Way West, Suite 380
Bainbridge Esland, WA 98110
(206) 780 -6777
(206) 780 -6865 (Facsimile)
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CERTIFICATE OF SERVICE
I, the undersigned, hereby certify under penalty of perjury under the laws of the State
of Washington, that I am now, and have at all times material hereto been, a resident of the
State of Washington, over the age of 18 years, not a party to, nor interested in, the above -
entitled action, and competent to be a witness herein.
I caused a true and correct copy of the foregoing pleading to be served this date, in the
manner indicated, to the parties listed below:
James E. Haney, WSBA #11058
❑
Legal Messenger
Meghan B. Frazer, WSBA #40768
❑
Hand Delivered
Ogden Murphy Wallace, PLLC
❑
Facsimile
901 Fifth Avenue, #3500
❑
First Class Mail
Seattle, WA 98164 -2008
❑ Express Mail, Next Day
email
(206) 447 -7000, tel 1(206) 447 -0215, fax
jhaneykomw.law.com; mfrazert'ae,omwlaw.com;
gzak@omwlaw. com
Attorne s or CioLefBainbridge Island
Joseph Levan
❑
Legal Messenger
City of Bainbridge Island
❑
Hand Delivered
280 Madison Ave. North
❑
Facsimile
Bainbridge Island, WA 98110
❑
First Class Mail
(206) 780 -8622
❑
Express Mail, Next Day
jlevan @bainbridgewa.gov
e— Email
City Attorney
DATED at Bainbridge Island, Washington, this ay of January, 2017.
— �;� &4..' —
Jo renner
Paralegal
CRYSTAL RICH DECL. IN SUPPORT OF
MOTION FOR EXPEDITED HEARING DATE - 4 of 4
(90373 -11
DENNIs D. REYNaLLIs LAW OFFICE
200 Winslow Way West, suite 380
Bainbridge Island, WA 98110
(206) 780 -6777
(206) 780 -6865 (Facsimile)