HEX Van Winkel Order of Remand 10-15-13BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of a Variance Request )
regarding property at 15198 )
Washington Ave ) FileNo: VAR18493
THAD VAN WINKLE, ) ORDER OF REMAND
Applicant. )
The Hearing Examiner Pro Tempore issued a decision dated October 15, 2013, denying
variances requested by the Applicant respecting lot coverage and a front setback on property
at 15198 Washington Ave within historic Port Madison.
The Examiner is convinced that the case was rightly decided. However, as the decision
suggested, there are assuredly alternative house designs that would accommodate the Applicant's
desire to build a home on the lot without occupying so much space and without encroaching so
much on the setback from State Street.
The Examiner's perception is that the Applicant's project was not presented to and
thoughtfully discussed with neighbors in the area before the variances were pursued. Attention
is directed to Conclusion of Law 5. The Applicant and the neighbors, approaching the matter in
a spirit of accommodation, might very well be able to find a size and placement
for the house that would be acceptable to all.
Accordingly, the Examiner has determined to grant the request for remand, so that an
alternative design and placement can be pursued without requiring the Applicant to re -apply.
Prior to a report and recommendation by Staff in response to this remand, mediation among
the nearby residents and the Applicant is strongly recommended.
The Examiner is persuaded that the Applicant can come up with a design that meets the
objections of the neighbors while still achieving his own objectives. To survive Hearing
Examiner review, however, such a design must protect the two great trees on the public right of
way, create a front setback from State Street more generous than five feet, and reduce the
proposed lot coverage.
The Staff shall evaluate whatever alternative design may be submitted and make a report
to the Examiner Pro Tem. Then another public hearing shall be scheduled before the Examiner
Pro Tem on the new plan.
SO ORDERED, this 31 st day of October, 2013
WLf�C :Jlv�t�%
Wick Duff , Hearing Examiner Pro Tempore