HEX Schultz Report and Decision 072514July 25, 2014
CITY OF BAINBRIDGE ISLAND, WASHINGTON
HEARING EXAMINER
REPORT AND DECISION
Project: Schultz Shoreline Conditional Use Permit
File number: SCUP18981
Applicants: Paul and Linda Schultz
12145 Arrow Point Loop
Bainbridge Island, WA 98110
Request: Construction of a staircase of approximately 300 square feet down the slope to
the beach.
Location: 12145 Arrow Point Loop. Tax Parcel Number 4478-000-013-0000.
Environmental
Review: A Mitigated Determination of Non -significance (MDNS) under the State
Environmental Policy Act (SEPA) was issued on June 18, 2014.
FINDINGS OF FACT
A. Site Characteristics
1. AREAAND DIMENSIONS:
Assessor's Record Information
Owners of record: Paul & Linda Schultz
Site size: .67 acres
Land use: Single-family residential
2. TERRAIN:
The southestern portion of the Site is relatively flat to gently sloping. Approximately 35 to 50
feet northwest of the single family residence is the top of a steep, northwest -facing waterfront slope.
The steep slope is approximately 45 feet tall with inclinations ranging from 100 percent to near -
vertical.
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3. SOILS:
The Preliminary Geological Map of Bainbridge Island indicates that the site is primarily underlain by
Qpv unit, Pre-Vashon deposits. The Qpv unit is generally described as sand, gravel, and silt of fluvial
lacustrine and glacial origin, resulting in typically dense and stiff soils.
4. SITE DEVELOPMENT:
The site is developed on the relatively flat area with an access driveway, two-story single-family
residence, attached garage, septic drain field and surrounding landscaped yard. At the toe of the slope is
a rockery bulkhead approximately six feet tall.
ACCESS:
Vehicular access to the site is from Arrow Point Loop, south of the subject property.
6. PUBLIC UTILITIES:
a. Water —Well
b. Sewage disposal — Septic drainfield.
C. Drainage — Tightline to the beach.
7. PUBLIC SERVICES:
a. Police - Bainbridge Island Police Department.
b. Fire - Bainbridge Island Fire District No. 23.
C. Schools - Bainbridge Island School District.
8. EXISTING USE:
Single-family residential.
9. SURROUNDING USES:
North: Puget Sound
East: Single Family Residential
South: Arrow Point and Single Family Residential
West: Single Family Residential
10. EXISTING ZONING/SHORELINE MASTER PROGRAM DESIGNATION:
The site is zoned Residential -1 Unit Per Acre (R-1). 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-1. The City Shoreline Master Program designates the
surrounding waterfront parcels as Semi -Rural environments.
12. EXISTING COMPREHENSIVE PLAN DESIGNATION:
The City Comprehensive Plan Land Use Map designates the site as Open Space Residential 1
residence per acre (OSR-1).
13. SURROUNDING COMPREHENSIVE PLAN DESIGNATION:
The City Comprehensive Plan Land Use Map designates the surrounding area as OSR-1.
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B. Procedural Background
14. A pre -application conference was held on December 11, 2012. The shoreline conditional use
application was submitted on December 17, 2012, with the project deemed complete on January 17,
2013. A public hearing was held on the shoreline application on July 23, 2014.
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. No public comments were received. A comment from the Suquamish Tribe
was received on February 26, 2013. A Mitigated Determination of Non -significance (MDNS) was
issued and sent to all appropriate agencies on June 18, 2013.
16. Pursuant to BIMC 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(1) states the criteria for
issuance of a shoreline conditional use permit:
1. Uses classified as conditional uses may be authorized provided that the applicant can
demonstrate all of thefollowing:
a. The proposed use will be consistent with the policies of RCW 90.58.020 or its successor
and the policies of the Master Program. A complete discussion of Shoreline Master Program
policies can be found in the Planning Department's staff report, which is incorporated herein by
reference. The application, as conditioned, can meet all relevant policies and requirements.
Policies and regulations dealing with environmental factors specifically are 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. Other than offshore boating, there are no
significant public uses in the vicinity.
C. The proposed use of the site and design of the project will be compatible with other
permitted uses within the area. The application contemplates 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. Other similar beach stairway
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developments exist throughout the Bainbridge Island shoreline area.
d. The proposed use will cause no unreasonably adverse effects to the shoreline
environment 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.
Pursuant to BIMC 16.20.150, the steep bluff on this property is considered to be a geologically
hazardous area. This application included a geotechnical report and structural plans that
demonstrated that the staircase can be constructed without causing instability to the slope on the
subject or neighboring properties and that it will be structurally sound. The geotechnical
engineer made the following recommendations for the staircase, which are included in the
conditions for approval of this shoreline conditional use permit application (Conditions #7):
1. Perform routine maintenance of the slope.
2. Excavate the foundation below the loose surficial soils into dense natural soils.
3. Install a three-foot minimum embedment for the stair foundation.
4. Locate the stairs a minimum of five feet from the top of the slope.
As proposed, installation of the stairway will have little impact on the slope and water quality.
Some minor vegetation clearing will be required to accommodate the stairway. The adjacent
shoreline carries a Semi -Rural designation requiring a native vegetation zone (NVZ) width of
50 feet, measured horizontally from the ordinary high water mark. While a staircase is a
structure permitted to be located within the native vegetation zone, replanting is a required
mitigation for any area disturbed by construction and development.
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. A stairway
to the beach is a normal accessory appurtenance to a shoreline residential use.
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
1. The Hearing Examiner has jurisdiction over this shoreline permit application proceeding.
Applicable notice and SEPA requirements have been met.
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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. It will cause no long-term or significant adverse
effects to the shoreline environment nor impose a detrimental effect on the public interest. The
proposal is consistent with the City's zoning ordinance and Comprehensive Plan.
DECISION
The Shoreline Conditional Use Permit application of Paul and Linda Schultz (file no. SCUP18981) is
APPROVED, subject to the following conditions:
SEPA Conditions
1. 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.
2. 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.
3. 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
that indicates the amount and type of plants proposed for removal.
4. To protect the slope, any exposed, cleared areas shall be covered with straw matting and
revegetated within the first applicable planting season.
5. To mitigate the impact on the slope from clearing for the stairs, a replanting plan
designating the type and location of plants shall be submitted and approved by staff prior to
the issuance of the building permit.
6. 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 properly maintained with a
landscape maintenance bond.
Project Conditions
7. The recommendations of the geotechnical engineer shall be met and demonstrated in the
building permit application, including but not limited to:
(a) Perform routine maintenance of the slope
(b) Excavate the foundation below loose surficial soils into dense natural soils.
(c) Install a three-foot minimum embedment for the stair foundation.
(d) Locate the stairs a minimum of five feet from the top of the slope.
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8. A professional engineer licensed in the State of Washington with expertise in such features
shall stamp the plans of the proposed staircase.
9. Permanent protection of the area shall occur through a notice to title of the native vegetation
zone, the approved stairway development and any required replanting.
10. 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.
11. A building permit shall be secured for the staircase, which shall issue upon demonstration
that the structure will be sited outside the 30% sideyard setback.
12. An indemnification/hold harmless agreement for the staircase on the shoreline bluff shall be
duly executed in a form approved by the City Attorney.
ORDERED July 26, 2014.
'tafford L. Smith, wring Examiner
City of Bainbridge Island
A final shoreline 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 ultimate decisional 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.
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Staff Contact:
Heather Beckmann
Associate Planner
EXHIBIT LIST
Paul and Lynda Schultz
SCUP18981
Hearing Examiner: Stafford L. Smith
Public Hearing: July 23, 2014
Location: City Hall
NO.
DOCUMENT DESCRIPTION
DATE
1
Application (including Aspect Geotechnical Slope Report and Site Plan)
11/14/2013
Received
2
Kitsap Public Health District Site Plan
11/14/2013
Received
3
Environmental (SEPA) Checklist with Staff Response
11/14/2013
(Dated)
4
PCD Engineer Review
12113!2013
(Dated)
5
Notice of Application/SEPA Comment Period
12/13/2013
(Published)
6
Email from Suquamish Tribe re Potential Excavation
12/1712013
(Dated)
7
Notice of Mitigated Determination of Nonsignificance (MDNS)
06/18/2014
(Dated)
8
Notice of Public Hearing and Certification of Distribution
07/04/2014
(Published
9
Staff Project Report
07/14/14(2)