HEX Bunting Report and Decision 8-14-13August 14, 2013
CITY OF BAINBRIDGE ISLAND, WASHINGTON
HEARING EXAMINER
REPORT AND DECISION
Project: Bunting Shoreline Conditional Use Permit
File number: SCUP] 8351
Applicants: Robert and Maria Bunting
Request: Construct new wooden staircase downslope to the beach within an
approximately 330 square foot footprint.
Location: 10058 NE Lafayette Avenue
Bainbridge Island, WA 98110
Environmental
Review: The project is subject to State Environmental Policy Act (SEPA) review as
provided in Washington Administrative Code (WAC 197-11-310). Utilizing the
optional DNS process of WAC 197-11-355, the City of Bainbridge Island published
a combined Notice of Application / SEPA comment period on March 1, 2013. The
30 -day comment period ended on April 1, 2013. A Mitigated Determination of
Non -significance (MDNS) was issued on July 3, 2013, with an appeal period
ending on July 17, 2013. No appeal was received.
FINDINGS OF FACT
A. Site Cb aracteristics
AREA AND DIMENSIONS:
a. Tax Lot Number 4155-000-005-0000
b. Assessor's Record Information
Owners of record Robert and Maria Bunting
Site size 0.67 acres
Land use Single-family residential
SHORELINE PERMIT DECISION - 1
TERRA IN:
The residential building site is located on a relatively level area sitting above an approximately 60 foot
high shoreline bluff overlooking the Monroe Sand Spit. Bluff elevation rises fi-om 5 feet at the top of
the bulkhead to 65 feet at the top of the slope where the stairway is proposed to begin. The bluff slopes
at about a 5- percent gradient then levels oto' near the tap. There is a stream on the immediately
adjacent property to the west. The stairway is proposed to be constructed more than 50 feet from the
stream channel.
SOILS:
Soils vary along the slope. On the mid to upper portions of the bluff they consist of sand with variable
amounts of silt and gravel. Soils on the lower portion of the bluff display imbedded silt and clay with
variable amounts of sand and gravel and traces of organic matter.
SITE DEVELOPMENT:
The site is located on the north shore of Bainbridge Island overlooking the Monroe Sand Spit. The site
is developed with a two-story house and a detached garage.
ACCESS:
Vehicular access to the site is from Lafayette Avenue south of the subject property.
6. PUBLIC UTILITIES:
a. Water — North K itsap PUD Water Service.
b. Sewer — Septic drainfield.
C. Drainage — Roof drains are routed to an underground drainage system that discharges to
a stream and a pipe to the lagoon.
7. PUBLIC SERVICES:
a. Police - Bainbridge Island Police Department.
b. Fire - Bainbridge Island Fire District No. 23.
C. Schools - Bainbridge Island School District.
EXISTING USE:
Single-family residential,
9_ SURROUNDING USES:
North: Point Monroe Sand Spit.
East: Single Family Residential.
South: Lafayette Avenue and Single Family Residential.
West: Single Family Residential and a non -fish bearing stream.
SHORELINE PERMIT DECISION - 2
10. EXISTING ZONING/SHORELINE MASTER PROGRAM DESIGNATION:
The site is zoned Residential 2 Units Per Acre (R-2). The City Shoreline Master Program designates
the site a Semi -Rural environment.
11. SURROUNDING ZONING/SHORELINE MASTER PROGRAM DESIGNATION:
The surrounding vicinity is zoned R-2. The City Shoreline Master Program designates the surrounding
waterfront parcels as Semi -Rural environment.
12. EXISTING COMPREHENSIVE PLAN DESIGNATION:
The City Comprehensive Plan Land Use Map designates the site as Open Space Residential 2
residences per acre (OSR-2).
13. SURROUNDING COMPREHENSIVE PLAN DESIGNATION:
The City Comprehensive Plan Land Use Map designates the surrounding area as OSR-2.
B. Procedural Background
14. A pre -application conference was held on December 11, 2012. The shoreline application was
submitted on December 17, 2012 (Exhibits # 1, 2, 3 & 4). The project was deemed complete on
January 17, 2013. A public hearing was held on the shoreline application on July 24, 2013.
15. A Notice of Application and SEPA comment period was sent to all adjoining property owners
and appropriate agencies and published in the paper of record March 1, 2013, with the comment period
ending on April 1, 2013 (Exhibits # 5 & 8). No public comments were received. Comments from the
Suquamish Tribe were received on February 26, 2013 (Exhibit # 7) and from the City's Development
Engineer on January 16, 2013 (Exhibit # 6). A Mitigated Determination of Non -significance (MDNS)
was issued and sent to all appropriate agencies on July 3, 2013 (Exhibit # 1 I). A citizen comment was
submitted to the City in response to the SEPA determination on July 8, 2013 (Exhibit # 9).
16. Pursuant to B1MC 16.12.260 a stairway to the beach is allowed as an accessory structure within
the regulatory shoreline native vegetation zone if it conforms to all city and state requirements,
including the Master Program. A stairway to the beach with a footprint of less than 120 square feet is
permitted outright in the Rural, Semi -rural, and Urban shoreline environments as a normal
appurtenance to residential development. Stairways exceeding 120 square feet in footprint and all
stairways in the Natural and Conservancy environments require issuance of a Shoreline Conditional
Use Permit (SCUP).
C. Shoreline Conditional Use Permit
17. Following the format provided at WAC 173-27-160, BIMC 16.12.380.C(l) states the criteria for
issuance of shoreline conditional use permit:
1. Uses classified as conditional uses may be authorized provided that the applicant can
demonstrate all of the folloiving:
SHORELINE PERMIT DECISION - 3
a. The proposed use will be consistent with the policies of RCW 90.58.020 or ils successor
and the policies of the Master Program. Discussion of the applicable Shoreline Master Program
policies can be found in the Planning Department's staff report, which is incorporated herein by
reference. BIMC 16.12.050, dealing with archaeological and historic resources, requires an
applicant to immediately stop work and notify the City if any phenomena of possible
archaeological interest are uncovered during excavation. Oilly minor excavation N ill occur as
part of this project but, as requested, the Suquamish Tribe will be notified at least 48 hours prior
to stair construction so it may monitor the hand excavation of the post holes at the top of the
bluff. The application of policies and regulations dealing with environmental factors is
discussed in subparagraph (d) below.
b. The proposed use will not interfere with the normal public use of the public shorelines.
As designed and constructed, the public use of the shoreline will not be affected. The stairway
should have minimal visual impact on the shoreline. Removal of native vegetation is to be
minimized, with replacement required as needed (conditions # 9-12, 14 -16).
C. The proposed use of the site and design of the project will be compatible with other
permitled uses within the area. The site comprises a single family residential accessory use in a
residential zone. The proposed stairway is compatible with surrounding single-family
development. Due to the steepness and length of the slope to be traversed, the footprint of the
stairway will need to exceed 120 square feet.
d. The proposed use will cause no unreasonably adverse effects to the shoreline
enviromnenl designation in which it is located. As conditioned and mitigated, no significant
adverse environmental impacts have been identified as resulting from this proposal. As
elaborated in the staff report, the proposal will be implemented consistent with the
environmental policies of the Shoreline Master Program as well as the applicable shoreline
regulations of BiMC Chapter 16.12 and the critical areas provisions of Chapter 16.20.
The stairway, as proposed and conditioned, is designed and will be constructed in a manner that
will have minimal environmental impacts. Areas of bare soil be covered with straw matting and
then be revegetated with native low growing, woody -root structure plants (Condition # 14).
While the development of a stairway for a single-family residence that terminates on the
shoreline could have an impact on the nearshore, to minimize any such impact the proposal
includes a hand winch to keep the stairs off the shoreline when not in use. The applicant should
also construct the 4' x 12' landing on the beach and the stairs to the beach from grated metal.
The project is conditioned to require that the stars only be lowered for access, then immediately
lifted from the beach when not in use (Conditions # 6 & 7).
The only impact on the upland environment will be the removal of vegetation for the stair
placement. On the shoreline impacts will result when the pilings are installed to anchor the
stairs on the beach. The staircase will be regulated by the City on the basis of its lying within a
native vegetation zone (NVZ), where staircases are a permitted use, traversing a geologically
hazardous area and terminating on a beach with fish use.
The bluff on the subject property is regulated under BIMC 16.20.150 as a geologically
SHORELINE PERMIT DECISION - 4
hazardous area. The geotechnical report stated that the slope appeared largely intact. with
variations in slope geometry shaped by ongoing erosion and loose weathered surficial soils
observed on the slope. It was recommended that a deep, pier-style foundation for the structural
elements of the stairs be installed. A wood beam encased in concrete and embedded a minimum
of feet below the surface of the slope will be employed. As recommended by the City's
;i Development Engineer, a Step 3 form will be required to ensure the work is completed as
speci ied-b The geotechnical engineer ondifion # —1-7-y— orae na ive vege a ion will-be
removed for the installation of the stairs. The geotechnical engineer recommended that all
disturbed areas be replanted with native, low growing, woody-root structure plants.
The site lies within a Serni-rural shoreline designation which requires a native vegetation zone
of 50 feet. Existing vegetation varies from the top of the slope to the bottom. The upland
portion comprises grass lawn and landscaping. The first five feet at the top of the slope features
scattered mature fir trees and dense native plant groundcover. Vegetation downslope consists of
moderately dense stands of young alder and maple trees with a dense understory of native
shrubs, including Oregon grape, salal and berry bushes. Vegetation removal will be limited to
the stairway footprint, and no trees will be removed. Replanting will be required for any area
disturbed by construction pursuant to a replanting plan to be submitted and approved by the
City (Condition #11) prior to building permit issuance. The replanted vegetation is to be
reestablished within three years and properly maintained (Conditions # 10, 11 & 12).
The neighboring property to the west has a non -fish bearing stream, which requires a 50 foot
buffer with a 15 foot building setback. A site visit by staff on April 17, 2013, confirmed the
distance of the strearn to the Bunting property line to be about 50 feet. Since the stairs are
proposed to be setback another 15 feet from the western property line, the stairs should fall
outside the regulated stream buffer. The stream buffer will be staked for verification prior to the
commencement of the stair construction (Condition # 8).
e. The public interest suffers no substantial detrimental effect. [WAC 173-14-140(1) or its
successor]. The public interest will not incur a substantial detrimental effect from the
construction and use of this residential stairway. The appearance of the shoreline bank will be
slightly altered, but as conditioned, retention of native vegetation, along with revegetation
where disturbance occurs, will help maintain the natural character of the shoreline (Conditions #
9-12, 14-16).
f. The proposed use is consistent with the provisions of'the Zoning Ordinance (BIMC Title
18) and the Comprehensive Plan (Ordinance 94-21). The proposed stairway is a residential
accessory structure on site zoned for a single-family residential development. Neither the
zoning code nor the comprehensive plan impose general or specific restrictions against locating
a stairway on the subject site, and its construction will be conditioned to meet applicable code
requirements.
CONCLUSIONS
I . The Hearing Examiner has jurisdiction over this shoreline permit application proceeding.
Applicable notice and SEPA requirements have been met.
SHORELINE PERMIT DECISION - 5
2. The proposed use is consistent with the policies of RCW 90.58.020 and the City's Shorelines
Master Program. As conditioned, the proposal meets the requirements of BiMC 16.12.380 and WAC
Chapter 173-27 for issuance of a shoreline conditional use permit.
3. The proposed use will not interfere with normal public use of the shorelines and will be
compatible with other permitted uses in the areas. ft will cause no long-term or significant adverse
effects to the shoreline environment nor impose a detrimental effectthe public ein . he
proposal is consistent with the City's zoning ordinance and Comprehensive Plan.
DECISION
The Shoreline Conditional Use Permit application of Robert and Maria Bunting (tile no. SCUP18351)
is APPROVED, subject to the following conditions:
SEPA Conditions
In order to protect potential archeological artifacts, at least 48 hours prior to stall-
construction,
tairconstruction, the Suquamish Tribe shall be contacted to monitor the hand excavation of the
post holes on the top of the bluff.
2. Applicant is required to stop work and immediately notify the Department of Planning and
Community Development and the Department of Archaeology and Historic Preservation if
any historical or archaeological artifacts are uncovered during excavation or construction.
3. In order to mitigate the visual impact of the stairs, the staircase and all attendant features
shall not be colored or painted other than with neutral flat greens, browns or tans, so as to
blend into the native bluff soils and vegetation and be non -reflective -
4. In order to mitigate any impact on the tidelands, the posts/piles on the beach shall be made
of galvanized steel, non -chemically treated wood, or some other chemical -free alternative.
5. To mitigate the potential impact on the fish rearing population, any portion of the stairs or
landing beyond ordinary high water shall be 100% grated.
6. The stair landing shall have a minimum vertical clearance of one foot above extreme high
water to decrease weathering from the tide and the potential of the stairs being washed away
during high tide events.
7. To reduce any potential impact on the tidelands, when not in use, the stairs shall be lifted
and kept off the tidelands.
8. To protect the neighboring stream on the abutting property to the west, the stair location
shall be staked and reviewed by staff in addition to the stream buffer to ensure that the stairs
are outside of the stream setback.
9. To limit the impact on the steep slope, clearing shall be limited to the placement of the
stairs. The area shall be staked and the applicant shall submit a plan with the building permit
SHORELINE PERMIT DECISION - 6
that indicates the amount and type of plants proposed for removal.
10. To protect the slope, any exposed, cleared areas shall be covered with straw matting and
revegetated within the first applicable planting season.
�j 11. To mitigate the impact on the slope from clearing for the stairs, a replanting plan
des r b he type anfilocai 0 1 pal !ants shall -be subTTTtted and approve b
the issuance of the building permit.
12. To ensure the long term survivability of the replanting and to continue to protect the slope,
the replanted area shall be established within three years and maintained with a landscape
maintenance bond.
Permit Conditions
13. The recommendations of the geotechnical engineer shall be met and demonstrated in the
building permit application, including but not limited to:
a. A 6 X 6 inch diameter, wood beam encased in concrete and embedded a minimum of
4 feet below the surface of the slope.
b. Routine, long-term monitoring of the stair structure foundation and slope.
14. Any areas of bare soil shall be covered with straw matting and then be revegetated with
native, low growing, woody root structure plants within the first applicable planting season.
15. Permanent protection of the replanted area shall occur through a notice to title for future
property owners.
16. Any future proposed clearing in the replacement area, and any portion of the steep slope and
native vegetation zone shall first be reviewed by the City through a clearing permit with a
replacement plan.
17. A building permit along with the appropriate geotechnical forms shall be secured for the
staircase. A professional engineer licensed in the State of Washington with expertise in such
features shall stamp the plans of the proposed staircase. A Step 3 form is required prior to
final inspection.
18. An indemnification/hold harmless agreement for the staircase on the shoreline bluff shall be
duly executed in a form approved by the City Attorney.
19. Activities to be undertaken as part of this exemption may require approvals or permits from
the Washington Department of Fish and Wildlife and the Army Corps of Engineers.
Evidence of required approvals or permission shall be submitted to the City prior to the
commencernent of any construction activities.
SHORELINE PERMIT DECISION - 7
ORDERED August 14, 2013.
kaifford L. Smith, Hearing Examiner
City of Bainbridge Island
The decision of the City issued by the Hearing Examiner may be appealed to the Shorelines
Hearings Board in accordance with the provisions of BIMC 16.12.380(C)(7).
(Please note: Washington Department of Ecology has final decision authority for a Shoreline
Conditional Use application. Within eight days of the City's decision on the application, the
application packet is forwarded to the Department of Ecology. The Department of Ecology
shall approve, approve with conditions, or deny the application within 30 days.)
The exhibit list prepared by the Clerk of the Hearing Examiner's Office is attached.
SHORELINE PERMIT DECISION - 8
EXHIBIT LIST
Bunting SCUP 18351
Applicants/Owners: Maria and Robert Bunting
Staff Contact: Public Hearing: 07/26/2013 at 9:00 am
Heather Beckmann
Associate Planner Location: City of Bainbridge Island
City Hall-Council-Ghambar
Hearing Examiner: Stafford Smith
EXHIBIT
DOCUMENT DESCRIPTION
DATE
NO. OF
NO.
PAGES
1 Application
12/17/2012
7
Received
2 Site Plan
12/17/2012
1
Received
3 Vicinity Map
12/17/2012
3
Received
4 Coastal Solutions Geologic Slope Reconnaissance
12/17/2012
10
Received
5 Environmental (SEPA) Checklist (with applicant and staff response)
12/17/2012
16
Received
6 PCD Engineer Review
01/16/2013
1
7 Email from Suquamish Tribe
02/26/2013
2
Received
8
Notice of Application/SEPA Comment Period
03/01/13
12
(with Affidavit of Mailing and Posting)
Citizen Comment (Charles Schmid)
Notice of Public Hearing and Certification of Distribution and Posting
Published
9
0708/13
1
10
07/05/2013
5
Published
11
Notice of SEPA Decision
07/03/2013
2
SEPA agencies
07/02/2013
12
Staff Report to HE
Aerial View of Steps (1)
12
13
07/26/2013
1
Aerial View of Steps (2)
(admitted)
14
07/26/2013
1
(admitted)