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MEMO FROM APPLICANTPO Box 10577 Bainbridge Island, Washington 98110 Date. January 18, 2017 (REVISED JANUARY 20, 2017 To. From. Re: Planning File Number: Hearing Examiner - City of Bainbridge Island Christy Carr, AICP — Senior Planner, City of Bainbridge Island Department of Planning and Community Development Lauren & Jason Terp, Applicant Terp Single - Family Residence, Response to Staff Report, REVISED TOLL JANUARY 18, 2017 HEARING PLN13508 SVAR /VAR OWING Applicant is grateful to the Planning Department staff for their effort throughout the 14 months during which we have been working on the referenced project. We are in receipt of the staff report dated January 11, 2017 and respectfully offer the following comments and requests. Applicant has identified edits and additions to this memo made following the hearing with the use of italics: In section IX. of the report, decision criteria vi., applicant notes that, in additional to meeting the minimum safety standards as summarized in the report, the project will yield the public benefit of improving slope stability at the property; - Regarding condition 4. b., Applicant understands that 4. d. is meant to supersede 4. b. but a third party may read these as independent requirements. Applicant has been informed that COBI will permit a revocable license but not an easement. Applicant requests that 4. b. be revised to make clear an easement is not required in the case of tiebacks under the right of way. Please note for information that, as discussed with the Development Engineer, tiebacks are currently contemplated in the right of way but not neighboring private properties; - Regarding condition 4, I., the property opted in when the LID was created and has been making annual payments toward the assessment. Prior to purchasing the property Applicant confirmed with Christy Shipman of COBI that the balance had amortized down to "'$11k. Applicant made the assessment payment due in 2016 and confirmed that the current balance outstanding is $10,261.24 (statement attached). Applicant does not believe the latecomer fee is due; Regarding condition 6. a., Applicant notes that a "permanent and irrevocable conservation covenant...preventing future development within the mitigation area" has the potential to unduly burden the property at some point in the future if then- current development standards permit some activity prohibited by the recorded covenant. Applicant notes that many of the similar conditions cite code sections setting forth that they are required but that this one does not.`.. Applicant requests that this condition be deleted as it simply d manufactures a future conflict; uplicates whatever requirements prevail currently and potentially - Regarding condition 6. f., Applicant prepared the shoreline view setback graphic some time ago and has attached a site plan showing same hereto. Applicant hereby requests that the shoreline view setback requirement be deemed satisfied at this time and this condition be removed; Regarding condition 7. a., Applicant notes that the SMP requirement for 100% planting of zone 1 effectively deprives the subject property of a usable yard. Staff has explained to Applicant that no RUE. type exclusion affording some minimum yard area exists and that Staff has no mechanism available to afford relief. Considering that this is a foreseeable situation likely impacting at feast some other small lots in COBI, perhaps such a mechanism should exist? Applicant notes this burden for the Hearing Examiner's benefit and requests consideration for any relief from this condition the Hearing Examiner may be empowered to offer. As discussed during the hearing, Applicant requests that any unused portion of the 2,500 square foot allowable building area maybe used as a yard on the level portion of the site waterward of the proposed building footprint, which is located in zone 1. Applicant notes that steep slopes will remain to the sides of the house (Northeast and Southwest of the proposed footprint), leaving only the proposed deck and space in zone 1 available for typical recreating; - Regarding condition 4. K., further to discussion at the hearing, Applicant requests . the condition be amended to state that the grinder pump access easement should be of a sufficient size to allow access rather than specifying a 15 foot width. Depending on final site layout, the more advantageous side of the site to locate the grinder pump maybe of insufficient size to accommodate a 15 foot wide easement; Thank you for your effort and consideration. If you have questions or require further information please do not hesitate to contact Jason Terp. Si rieere ly, z 6 Laure &{Jason Enc. LID amortization schedule (Submitted for the record at the hearing and not attached) LID account history (Submittedfor the record at the hearing and not attached) Site plan with view setback line (Submitted for the record at the hearing and not attached)