Covenant Violations

Innis Arden
Trees in Street Right-of-Way
Restrictive Mutual Easements
Original Covenants Recognized by Court of Appeals
As Basis for regulating Tree Height
• 10. FENCES, HEDGES. No fence, hedge or boundary wall situated
anywhere upon any tract shall have a height above the finished
graded surface of the ground upon which such fence, hedge or wall
is situated greater than 6 feet or such other lesser height as the
Grantor may specify…
• 11. NOXIOUS USE OF PROPERTY: SPITE FENCES. No noxious or
undesirable thing, trade or business or noxious or undesirable use
of the property in said Addition whatsoever shall be permitted or
maintained upon said property, or in said Addition. If the Grantor
shall determine that any thing, trade, business or use is undesirable
or noxious, such determination shall be conclusive on all parties.
The construction or maintenance of a spite or nuisance wall, hedge,
fence or tree shall be prohibited on said property. If the Grantor
shall determine that any wall, fence, hedge or tree falls within the
latter category such determination shall be conclusive on all
parties.
2
Tree Height Amendment
Adopted in 1981 and 1982 to supplement Covenant 11
by establishing uniform height benchmark
In order to preserve the views of Puget Sound and the Olympic
Mountains from lots in said subdivision, all trees, shrubs, brush
and landscaping, whether native or planted, on residential lots in
said subdivision shall be kept to a height no higher than the
highest point of the roof surface nor higher than the height of the
house on each lot, whichever is lower.
3
Examples of locations of view blockage (1-7)
Examples of locations of covenant violations (8-16)
4
Offending right-of-way trees
5
6
7
8
9
10
11
Note: Other right-of-way trees block the view of #17 & #18.
If other right-of-way trees were removed, then #17 & #18 would block views.
12
Views impacted by offending
right-of-way trees
13
#1
1133 NW Richmond Beach Drive
14
#2
18770 Ridgefield Road NW
15
#3
18757 Ridgefield Road NW
16
#4
18545 Springdale Court during the 50’s
17
#4
18545 Springdale Court, 2011
18
#6
18665 Springdale Court
19
#6
18565 Springdale Court
20
#7a
1311 NW 188th
21
#7b
1311 NW 188th
22