PRE-HEARING ORDER AND NOTICE OF HEARINGMarch 20, 2017
CITY OF BAINBRIDGE ISLAND, WASHINGTON
HEARING EXAMINER
PREHEARING ORDER AND NOTICE OF HEARING
Proceeding:Clark Administrative Appeals
File number:PLN50467VEG
Appellant:Paul and Jennifer Clark, represented by
Dennis D. Reynolds, Attorney
200 Winslow Way West, Suite 380
Bainbridge Island, WA 98110
Location:Tax parcel no. 282502-2-035-2008
1.Attorney Dennis Reynolds, representing Paul and Jennifer Clark, has appealed two related City
decisions affecting tax parcel no. 282502-2-035-2008, a 2.34 acre lot where the Clarks plan to build a
single-family residence. The first appeal challenges the City's revocation on October 6, 2016, of a
vegetation management permit (VMP) issued July 13, 2016. The second appeal challenges the
Planning Director's December 12, 2016, decision documenting his denial of the Clarks' appeal of a
warning of violation, order to correct and stop work order (collectively, the SWO) issued soon after
revocation of the VMP.
2.The two appeals have both arisen out of a single complex of activities surrounding the Clarks'
clearing of tax parcel no. 282502-2-035-2008, with key issues substantially overlapping. The parties
have agreed that the two appeals should therefore be consolidated into single hearing proceeding. A
prehearing conference was held by the Hearing Examiner on March 15, 2017, at which time the
appellants were represented by attorney Dennis Reynolds and the City by attorney James Haney.
3.The issues arising out of the consolidated administrative appeals are the following:
A.Were VMP conditions violated warranting revocation of the July 13, 2016, permit?
B.Was the VMP's clearing limit of 20,000 square feet of lot area exceeded?
C.Does calculation of the VMP's 20,000 square feet limit include lot areas cleared earlier
under a previously issued clearing permit?
D.What areas of vegetation management on the Clarks' lot, if any, qualify under the City's
regulatory scheme as having been “disturbed” rather than “cleared”? If such a regulatory
distinction exists, what are its consequences for review of the Clark site?
4.The following deadlines apply to the procedures described below:
•April 12, 2017. Deadline for the parties to exchange with one another witness and exhibit lists,
plus provide copies of any site-specific technical studies newly completed or revised.
•April 19, 2017. Deadline for submitting pre-hearing legal briefs and an updated staff report (if
applicable).
5.The public hearing on the appeal is scheduled to open at the following time and place:
Council Chambers
Bainbridge Island City Hall
200 Madison Ave. N.
Bainbridge Island, WA 98110
April 26, 2017
9:00 AM
6.The order of presentation at the public hearing will be as follows:
A.Introduction of staff exhibits.
B.Appellant testimony.
C.Staff testimony.
D.Rebuttal in order of initial presentation.
E.Summation in order of initial presentation.
ORDERED March 20, 2017.
___________________________________
Stafford L. Smith, Hearing Examiner
City of Bainbridge Island