NOTICE OF APPEALNOTICE OF INTENT TO APPEAL
VAN LIERE BUILDING PERMIT APPLICATION DENIAL
CITY OF BAINBRIDGE ISLAND
In the Matter
VAN LIERE AFTER THE FACT PERMIT
# BLD 22093 R -ATF Studio Addition
ELDON AND BETH VAN LIERE
APPELLANTS
4553 Blakely Court N
NOTICE OF APPEAL
INTRODUCTION
Eldon and Beth Van Liere were issued a denial of a building permit application on
February 6, 2017. Building permit application documents were submitted on January 12, 2017.
The subject of the application and subsequent denial was the construction of an addition to their
Home located at 4553 Blakely Court North on Bainbridge Island.
The Van Liere's had a 384 square feet art studio addition designed and constructed by a
licensed contractor to their house in 2004. The contractor did not tell them that a building permit
was essential. A pending sale of the property disclosed a discrepancy in the square footage of
the house as compared to the square footage as identified in the Kitsap County tai: parcel data
base.
The Van Liere's were encouraged to apply for an after the fact building permit and
supplied the required application form, design drawings and a geological reconnaissance report
prepared by the Van Liere's geological consultant. The Van Liere's geological consultant
concluded that slope and landslide conditions have remained essentially unchanged since 2004
1
and mrder current conditions the slopes pose no additional threat to the addition as the slopes do
to the permitted and legally constructed main portion of the house.
WHAT IS BEING APPEALED
On February 6, 2017,
the City
denied the
Van Liere's after the fact building permit
application. The Van Liere's
wish to
appeal this
decision based on the facts described above.
ALLEDGED ERROR
The City erred by 1) denying the after -the -fact building permit based on the assumption
that the slopes at the site pose a threat to public health, safety and welfare as related to the
unpermitted addition. 2) not taking into consideration the 2004 Critical Areas Ordinance in
affect at the time that would have allowed the construction of the addition in its current location.
The Van Liere's request that the City reconsider application of the 2004 code and consider
additional information that can be submitted related to seismic slope stability at the site.
REASON DECISION SHOULD BE REVERSED
Denial of the after- the -fact building permit will result in significant hardship to the Van
Lieres. The Van Lieres are elderly and Beth Van Liere suffers from dementia. They cannot sell
their house until the art studio /addition permitting issue is resolved. Application of the 2004
building code will not result in increased life - safety risk to the public; will not result in increased
liability for the City of Bainbridge Island. Alternatively, The addition may be permitted through
other administrative procedures such as a major variance or a reasonable use exception.
HARM
2
The Van Lieres do not live in the house currently and cannot sell the house until the
addition permit issues are resolved. The Van Lieres have cooperated fully with the City and
have followed through with requests to apply for an after- the -fact building permit. Denial of
the application will result in the additional expenditure of funds by the Van Lieres and will
extend the time frame under which the Van Lieres will remain under cloud of title as it relates to
the marketability of the house. They will continue their good -faith attempt to permit and resolve
the addition. and request the city apply and consider the actual physical and geological conditions
at the site as part of their permitting and code compliance analysis.
CONCLUSION
Reconsideration of the building permit application will allow a reasonable alternative to
tearing down a structure that poses no additional risk to the Van Lieres, a potential buyer the
public or the City of Bainbridge Island. The Van Lieres reserve the right to amend the
information contained in this Notice of Appeal as necessary prior to any proposed hearing,
DA'PED this 16th day of February 2017.
Eldon and Beth Van Liere
101 Madison Ave.. N
Bainbridge Island, WA 981.10
206 855 7941
envanIicrc @)sounddsl.com
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CITY OF
BAI NB RI DGE
ISLAND
February 6, 2017
Mr. Eldon and Beth Van Liere,
4553 Blakely Court North
Bainbridge Island, WA 98110
RE: After - the -Fact Building Permit #BLD22093 R -ATF Studio Addition
Dear Mr. and Ms. Van Liere,
Thank you for considering this letter. This correspondence is regarding a request for an "after- the -fact'
building permit for a 384 square foot unpermitted artist studio addition to an existing 1,970 square foot
residential home constructed in 1975. The structure at issue is located at 4553 Blakely Court North,
Bainbridge Island, WA (Assessor Parcel Number 4707-000-018-0008).
The City of Bainbridge Island became aware of this structure based on correspondence dated November
22, 2016, that you provided to the City. Your correspondence indicated that in 2003 you had
constructed a 16 foot by 24 foot (384 square foot) residential addition and you hadn't obtained a permit
for the construction (See Attachment A). Your correspondence requested an after - the -fact building
permit for the construction, with supplemental information, including a Geologic Reconnaissance and
Summary from Coastal Solutions, LLC dated January 3, 2017.
You provided to the City an after - the -fact building permit application on January 12, 2017. Upon the
evaluation of the building plans, reports, and documentation provided with the permit application, City
staff thoroughly reviewed the project for compliance with the current municipal code. Multiple
problematic aspects of the application were identified in the initial review of the after - the -fact building
permit documentation, which are clarified and further discussed below.
The City is a regulatory agency responsible for ensuring that the built environment and any construction
is in compliance with the adopted rules, regulations, and the City's municipal code. City staff endeavor
to communicate and provide accurate information for any property owner or applicant to be able to
make informed decisions regarding their real property. Although the City is aware of the unique and
unfortunate circumstances at issue in this matter, the City has a legal obligation to enforce the municipal
code as it applies to all property owners on the island, even in the unfortunate circumstances such as
this.
Determination and Decision
Based upon review of Bainbridge Island Building Permit number BLD22093 R -ATF and associated
documents, and staff review and analysis of the applicable provisions of the Bainbridge Island
Municipal Code (BIMC), the request for an after - the -fact building permit for a 384 square foot
addition to the existing structure located at 4553 Blakely Court North, Bainbridge Island, WA
(Assessor Parcel Number 4707 - 000 -018 - 0008), is DENIED pursuant to BIMC Chapter 2.16.030.
Department of Planning and Community Development — Building Division
280 Madison Avenue North
Bainbridge Island, Washington 98110-1812
www.bainbridgewa.gov
Phone: 206.780.3750 Fax: 206.780 -0955
Basis for Determination — Kitsap Public Health District
The Kitsap County Public Health District (KPHD) is the regulatory authority that manages and regulates
all parcels with on -site wastewater treatment (septic) systems on Bainbridge Island. An on -site
wastewater treatment system inspection report was conducted on November 30, 2016, by Clear Septic
Solutions, LLC (See Attachment B).
The report called out system deficiencies that must be corrected and indicated that the unpermitted
addition had been constructed over portions of the existing septic drain field. Encroachment of
structures or additions, such as this, into an on -site wastewater treatment system drain field is not in
compliance with applicable septic system design code requirements. The unpermitted artist addition, as
currently constructed, is presently in violation of adopted KPHD septic system design requirements.
For an after - the -fact building permit to be able to be issued in this case, you would be required to
correct any outstanding violations with the KPHD. Please note that no Bainbridge Island building permit
would be able to be approved for occupancy pursuant to Bainbridge Island Municipal Code Chapter 8.04
and 2015 International Building Code Section R306.3 until the outstanding violations regarding the on-
site wastewater treatment (septic) systems have been resolved to the satisfaction of the KPHD.
Basis for Determination - Critical Area Buffers and Geologically Hazardous Areas
City staff evaluated the parcel thoroughly and conducted an on -site investigation. Based on the
evaluation conducted by staff, the majority of the site is impacted by geotechnical critical areas and
there are significant areas located on the site that meet the definition of geologically hazardous areas
(e.g., erosion, seismic, and steep slope landslide areas greater than 40% in slope) occupying the
northwestern and southeastern portions of the property (See Attachment Q.
The geologically hazardous areas are a potential threat to public health, safety, and welfare when
construction is allowed. In that geologically hazardous areas have been identified on the site, both by
City staff and by the consultant, critical areas regulations are applicable to this parcel and this
unpermitted structure, pursuant to Bainbridge Island Municipal Code (BIMC) Chapter 16.20.150.
The Geologic Reconnaissance and Summary from Coastal Solutions, LLC, included an analysis of the site,
the identification of geologically hazardous areas on the site, and a determination that the location of
the top of slopes for two geologically hazardous areas on the parcel were constructed a total of 15 feet
at its closest point from the top of the south slope, and a total of 12 feet from its closest point from the
top of the north slope (see report, page 4).
All construction near geologically hazardous areas are required to comply with the development
standards as identified in BIMC Chapter 16. 20.150(E), Development Standards (See Attachment D). For
any construction located on a parcel that includes geologically hazardous areas, pursuant to BIMC
Chapter 16. 20.150(E), a buffer is required from top of slope to be a minimum of 50 feet in width, with
an additional minimum of 15 feet construction setback required from the edge of the buffer to the edge
of construction. Without buffer reduction, the minimum setback for construction from the top of slope
would be a minimum of 65 feet from the top of slope, or may be reduced to a minimum of 25 feet with
a buffer reduction request.
Page 2 of 4
Based on the site conditions and the applicable BIMC code provisions, the after the fact building permit
application does not comply with the Bainbridge Island Municipal Code Section 2.16.030.
Conclusion and Possible Options Going Forward
Although City staff recognizes the unfortunate situation at issue here, the City's decision to deny this
application for an after - the -fact permit is based on application of the Bainbridge Island Municipal Code,
as well as due to the outstanding violations and required corrections to the on -site wastewater
treatment (septic) systems that have been identified by the Kitsap Public Health District (BIMC Chapter
8.04). Pursuant to the regulations at issue, your request for an after - the -fact building permit in this
situation doesn't comply with BIMC Chapter 2.16.030. A refund of submitted permit fees may be
requested by the owner and would be processed pursuant to the adopted Bainbridge Island Building
Refund Policy.
The Bainbridge Island Municipal Code does provide for a Reasonable Use Exemption process for parcels
which are significantly impacted by critical areas. This Reasonable Use Exemption process is governed
by, and would be required to meet the criteria for approval based upon BIMC Chapter 16.20.080.
Additionally, the Bainbridge Island Municipal Code also provides a Variance process, which is governed
by and would be required to meet the criteria for approval based upon BIMC Chapter 16.20.070. You
retain the right to pursue either of these processes at your discretion, to obtain a formal
recommendation, and to obtain a formal decision made by either the Director or a Hearing Examiner
pursuant to applicable land use process and applicable code.
Appeal Process and Procedures
This building permit decision is an administrative decision and is appealable. This letter is submitted as
an administrative review and permit decision, as identified in Bainbridge Island Municipal Code Chapter
2.16 Land Use Review Procedures, and is appealable directly to the Planning and Community
Department Director, pursuant to the provisions of BIMC Chapter 2.16.010, and BIMC Chapter 2.16.020.
This administrative decision may be appealed by filing a written appeal containing a summary of
grounds for the appeal and paying a $530.00 filing fee to the City Clerk at 280 Madison Avenue
North, Bainbridge Island, WA 98110, in accordance with the procedures set forth in the
Bainbridge Island Municipal Code, Chapter 2.16.020. An appeal must be filed no later than 4:00
p.m., Tuesday, February 21, 2017.
Thank you again and I look forward to further communication on the issue.
Sincerely,
James R. Weaver, AICP CBO
Building Official
Page 3 of 4
Enc: Attachment A: Correspondence Dated November 22, 2017 from Eldon & Beth Van Liere
Attachment B: On Site Wastewater Inspection Report, Clear Septic Solutions, dated 11/29/16
Attachment C: Geologically Hazardous Slope Map for 4553 Blakely Court NE
Attachment D: BIMC Chapter 16.20.150 Geologically Hazardous Areas
CC: Mr. Rob Cousins, Coastal Solutions, LLC, 11027 Manitou Beach Dr. NE, Bainbridge Island
Gary Christensen, Planning & Community Development Director, Bainbridge Island
Steve Brown, Kitsap Public Health District, 345 6'" St., Bremerton, WA (via email)
Page 4 of 4