August
2003
August
Activities Announcements
The
Salmon BBQ is just a few weeks away!! Don’t delay and get
your reservation form in to Shelley Fosmire. She needs your form
AND check by Friday August 29th. Reservations received
after that date WILL be accepted, however, a surcharge may apply.
So, please get your form and money in so that we can plan, purchase
and prepare accordingly. The at-the-door cost will apply for walk-ins.
Thanks in advance for your consideration.We still need help with….
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Flower
procurement (see details below)
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Kitchen
crew before, during and after (leftovers for those who help post event!)
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Phone
calling the newcomers to let them know about the event
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Reservation
table at the event
On
Tuesday, September 2nd there will be a VERY important meeting
for all volunteers at 7 pm
at
the Clubhouse. Just the facts again:
Innis
Arden Salmon BBQ Sunday, September 7th from 4
to 7 pm
@ The Innis Arden Clubhouse
Games, face painting, entertainment galore!
Stop,
and Smell (and Cut) the Flowers
It's
easy as 1-2-3.
1. What this entails is going into your garden or a neighbor's (with
their permission, of course) and snip away.
2. Please place flowers in a bucket with water. Call Sheri Miller at
533-9277 to arrange for delivery.
3. Flowers need to be delivered by Friday, September 5th (Barbeque is
on Sunday). Sheri and a couple of volunteers will then work their magic
for table designing.
Thank you, thank you!
Twist
up your pig tails, dust off your lederhosen and join our neighbors for
a Stein of Beer at the first annual Innis Arden Oktoberfest party.
Bratwurst, sauerkraut, German Potato salad and Northwest Micro brewery
beer will be on hand on Saturday, October 18th at the clubhouse. Adults
only so plan ahead and get a sitter.
Grounds
for Celebration
The last installation phase of the Innis Arden playground was just completed.
Thank you Tracy Landboe for coordinating this effort. The new equipment
was in just before the All-City Swim Meet and will be great to have for
the upcoming Salmon BBQ and for many, many years to come!
Agenda
for the September 9th 7:00 PM Board Meeting
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Approve
Minutes Community Comments
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Board
Agenda (to be posted on Web site 3 days before meeting)
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Committee
Reports Building and Remodels:
Buescher, 18024 13th N.W.: replace L.P. siding with cedar siding.
Enclose carport and install garage door.
Morales, 18737 Ridgefield Rd N.W.--Master bedroom and living room
expansion and sunroom addition.
O'Neil, 18645 17th N.W.--Swimming Pool
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Closing
Agenda
for Special Meeting of the Board of Directors
September 4th: 7:00 PM
Discussion
will continue regarding amending the bylaws to incorporate a covenant
compliance process including
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A hearing procedure
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Implementation of fines for non-compliance
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An appeal process that provides for binding arbitration with an impartial
third party
The
Board plans to invite a few guests who are residents of communities with
covenant enforcement and fines. We will get a first hand account of what
their experiences are.
Innis
Arden Club, Inc. Lawsuit Status:
Currently,
there are no active lawsuits involving the Innis Arden Club, Inc. The
Dillard case has been dismissed because a completed Building and Remodel
application was submitted to the Board. Cottingham's discrimination complaint
against the Board was dismissed by the Washington State Human Rights Commission.
Y-T-D legal expenses are $544 under budget.
Properties
that are exempt from the View Preservation Amendment:
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Innis Arden I: "This provision shall not apply to the east half of
Lots 1 through 13, Block 1 (which abut Eighth Ave. N.W.) for which
view is not a factor and on which trees, shrubs, brush and landscaping
will not impair to views of others.”
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Innis Arden II: All property falls under the View Preservation Amendment
in this subdivision.
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Innis Arden III: "This provision shall not apply to: the southeasterly
half of Lots 10 through 27, all of Lots 28 through 58, and the northerly
half of Lots 59 through 61, Block 29; all lots in Block 30; those
portions of Lots 10 through 26 lying southerly of the existing houses
therein; all of Lots 27 through 32, Block 31; and all lots in Block
32 for which views are not factor and on which trees, shrubs, brush
and landscaping will not impair the view of others."
If
you don't know what subdivision, block and lot you live in, look at upper
left corner of the address label on your Bulletin. Note: Only trees that
are view blocking fall under the amendment.
Special
Meeting of the Board of Directors,
July 29th, 2003
Summary of Minutes
Present:
Michael Rasch (President), Mike Jacobs (Vice President), June Howard (Treasurer),
Carol Solle (Secretary), Ewa Sledziewski (Clubhouse), Dave Fosmire (Reserves),
Loys Lamb (Building and Remodels), Maggie Taber (Grounds). Excused: Roger
Lowell (Activities). Community members attending: About 60???
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Rasch:
The meeting was called in order to discuss amending the Innis Arden
bylaws to incorporate covenant compliance including a hearing procedure,
implementation of fines for non-compliance, and an appeal process
that provides for binding arbitration. Following complaint initiation,
the new procedure would allow the Board or committee to do a site
visit, have an informal hearing, and make a determination. If a violation
is determined, time would be given to achieve compliance.
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Jacobs:
When we bought our homes, we were given copies of the covenants and
agreed to be bound by them. The Board is authorized by state statute
to enforce the covenants with the use of fines. It is time to put
an end to lawsuits that have been happening in this community. Lawsuits
are unfair to people who can't afford it.
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Howard:
Knows of a lawsuit that is still unresolved after twelve years. People
shouldn't have to go through that.
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Solle:
Club Counsel said that the covenants are like the Constitution. Bylaws
are the way we implement our covenants. The bylaw amendment adds no
new restrictions to the covenants, but only a way to enforce the existing
covenants.
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Sledziewski:
Litigation creates an unpleasant atmosphere and is very costly.
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Lamb:
It has been said that the Board is overextending itself. However,
there are many steps in the compliance enforcement process.
Rasch:
The Board does not want to do this, but the status quo is not fair. The
King County Department of Assessments has assigned the following values
to views:
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Puget
Sound
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Olympics
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Fair
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$30,000
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Average
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$60,000
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Good
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$100,000
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$15,000
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Excellent
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$200,000
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$40,000
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R.L.
Smith feels that the covenants are important but the method is dubious.
It should be voted upon by the community. Having a Board vote would
result in chaos.
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Al
Wagar offered two observations: 1) allowing the Board to vote itself
sweeping new powers sets a terrible precedent; 2) the proposed fine
schedule is confiscatory, soon reaching $2,400 per month or $29,200
per year.
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Harry
Obedin felt there is no alternative but to give the Board the power
to enforce the covenants with fines. $29,000 is nothing compared to
lost property values.
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Glenn Gallaugher bought here for the covenants and expected them to
be enforced. All we are talking about is fines that will not happen
if compliance is maintained.
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Roxana
Augusztiny was concerned about the power of the Board. She asked that
the legal opinions obtained from counsel be published in the Bulletin
and posted on the Web site.
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Larry
Bliss felt that this should be only be done as a result of a vote
of the community, and that fines should be lower.
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Marc
Weinberg remarked that two years ago we had town meetings to help
give the Board direction, which resulted in the survey. He doesn't
doubt that respondents wanted to see covenants enforced and he wants
to see people work hard to comply. We need a method and a means to
address the majority.
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Elaine
Phelps feels that the Board is unfair and was upset that her letter
to the editor was not printed in the Bulletin. She also questioned
why shareholders had only 2 minutes to speak, yet people on the Board
spoke for more than 2 minutes.
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Jim
O'Hanlon said that the survey showed that people want their views
protected. The Board is doing a good job and we should let them go
on.
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Helen
Wolf has been waiting for a long time for compliance. Judge Ellington
wanted the Board to be involved in view protection and supports the
covenant compliance bylaw amendment.
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Josh
West suggested that the board truthfully admits that it can not offer
even the "appearance of fairness" standard we maintain for
formal governmental bodies. Allowing any such small group to take
such broad "judicial" power allows far too much potential
for abuse. The board would have no power to force participation in
hearing or arbitration, nor power to prevent suits against itself
in the event that a controversial decision is made
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Sandy
Risse wants covenants enforced and pointed out that the trees on the
playground are out of compliance.
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Steve
Stiens signed off on the covenants, and feels that they make our community
unique. Feels that the fines are too steep.
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Fran
Lilliness said that the Board is charged with enforcing the covenants,
as they are our insurance.
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Bonnie
Jardine believes that this should require a covenant amendment. The
Board is giving us scare tactics.
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Pam
Smit didn't dream she'd have to sue neighbors to get them to comply.
Feels that everyone should be responsible financially to achieve compliance.
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Stacey
Peterson bought her house four years ago and asked neighbors if they
(Petersons) had any view blocking trees and they said no. Why should
people up the hill expect people at the bottom of the hill to prune
trees? Views aren't the only thing that increase property value, privacy
does too.
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Harold
Parker sued his neighbor and the Board because he felt the Board did
not enforce the covenants. Although he lost the case, nothing can
be built into the setback (editor's note, see the June
2002 Bulletin for more details).
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Bill
McKinley said that the Board can be used as a weapon, just like the
courts. He is in favor of the bylaw amendment.
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Kurt
Manchester supports the Board and feels this amendment is a 'no brainer'.
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Ron
Babcock feels this should be decided upon by a vote, and that fines
are too aggressive.
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Mark
Smith appreciates the discussion but is not for fines. He is concerned
that that is no voice on the Board opposing fines, and this should
be voted upon.
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Eric
Larson: 1) Felt this was a friendly meeting 2) is against a Board
decision and should be decided upon by a vote. 3) Is worried about
a conflict of interest. All legal opinions should be available to
the community.
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Guenter
Risse has property next to a critical area (steep slope). What if
the city won't let him cut his trees? This is a 'catch 22', being
stuck between Shoreline and Innis Arden. "Nuisance" is a
slippery term and he suggested obtaining a legal opinion that defines
nuisance.
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Judy
Allen complimented the proactive Board and feels we should give this
a try. If you object, you can run for the Board and put your time
in.
Michael
Rasch responded to the comments:
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The
fine schedule is designed to hurt in the pocketbook. Otherwise it
wouldn't work. However, during the next Special Meeting of the Board
of Directors (September 4th) we can discuss making adjustments. However,
our goal is compliance, not punishment.
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Rasch
will check with our attorney to see if we could publish the opinion
letter in the Bulletin and on the Web site.
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With
regard to the Board's fairness, a letter to the editor written by
Nancy Rust who represents ARM of IA was published in the June 2003
issue. The July 2003 issue had a letter to the editor expressing a
different opinion. This is balanced. At any meeting of the Board of
Directors, directors can speak for more than two minutes. The two
minute rule for shareholders was adopted to allow broader participation,
to limit the length of Board meetings and to eliminate monopolization
of the comment period. It was modeled after the City of Shoreline's
public comment policy. If shareholders need more than 2 minutes to
express their opinions, the Board welcomes letters and email.
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Regarding
trees in critical areas, mitigation can be achieved. For example some
trees can be removed and replaced with lower growing species. On flat
land city code allows people to cut up to six significant trees (eight
inches in diameter at breast height for conifers or 12 inches in diameter
at breast height for all others) without a permit every three years.
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We
intend to maintain the grounds and reserves for views. Rasch urged
Sandy Risse to write the Board about the view blocking trees on the
playground.
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With
regard to conflict of interest, paragraph (6) of the proposed amendment
states that "Board members whose participation would genuinely
compromise the fairness of the complaint resolution process shall
not participate in it." If the amendment is adopted, Rasch does
not intend to use the procedure personally. Can other Board members
go after shareholders using this procedure? This has not been determined
and will be discussed during the September 4th meeting.
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Addressing
Stacey Peterson's question about pruning trees for people up the hill,
Judge Ellington ruled that 'neighboring lots' applies to all lots
in Innis Arden for purposes of covenant enforcement.
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Regarding
the definition of 'nuisance', Rasch said that there are many definitions
and that we would use a legal definition. However, the definition
is and always has been subjective.
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During
the next meeting, the composition of the 'compliance committee' will
be discussed. Perhaps get a list of volunteers and then select 4 or
5 on a random basis was suggested.
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Rasch
emphasized that the Board has not discussed implementation details
of the amendment (i.e. shareholder or Board vote or covenant amendment,
composition of compliance committee, fine schedule adjustments) until
it has received input from the community.
Meeting
was adjourned at 8:45 PM.
Innis
Arden Club, Inc.
Board of Directors Meeting
August 12, 7:00 PM
Summary of Minutes
The
meeting was called to order at 7:10 p.m.
Board members present: Michael Rasch (President), Mike Jacobs (Vice President),
June Howard (Treasurer), Carol Solle (Secretary), Loys Lamb (Buildings
and Remodels), Maggie Taber (Grounds), Dave Fosmire (Reserves), Roger
Lowell (Activities) , Ewa Sledziewski (Clubhouse): Community members attending:
about 15
Action:
A motion to approve the July 2003 minutes passed unanimously.
A.
Community Announcements and Concerns
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Rasch
reported that in April of this year, the Cottinghams filed a complaint
to the Human Rights Commission against the Innis Arden Board alleging
discrimination against the handicapped because it denied without prejudice
remodel approval for an elevator and ramp. The Board did not approve
of the remodel because the building and remodel application was incomplete.
It did not include a set of plans showing dimensions, exterior materials
and details concerning the foundation and connection to the existing
building. The neighbor signoff was not complete. The warranty of compliance
was not submitted. The Board urged Cottingham to submit the completed
application and offered to expedite approval.
Subsequently the Human Rights Commission has investigated the allegations
and has dismissed the complaint. The Board is again urging the Cottinghams
to submit a completed application.
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Ia
Dubois was troubled when poles went up in front of her property. She
had not been aware that radar signs were going to be placed in Innis
Arden, and in front of her house. She approached the City and Jesus
Sanchez graciously removed the poles. She would like to be part of
the decision making process and does not want signage placed near
her property.
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Marc
Weinberg observed an organized soccer game on the playfield Saturday
and thought that the league was not contracted to do this. Grounds
Chair Maggie Taber will ask the League President if the league is
using our field without a contract. Club insurance will cover Innis
Arden residents using the playfield, but not organized soccer.
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Stacey
Peterson was thankful for the new stop sign at Ridgefield Road and
Springdale Court. Rasch added that this will eventually be an 'all
way' stop intersection with sidewalks and crosswalks.
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Rasch
reported that the current traffic calming plan is for one speed hump,
a 3 way stop, and radar signs. The signs will not be put up unless
the adjacent homeowner agrees in writing. Speed has dramatically decreased
on Springdale Court since the humps were put in. The City has indicated
that as part of a long range plan they are looking at the possibility
of installing sidewalks in Inns Arden.
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Averill
suggested finding out if the City is following state rules regarding
speed humps, and suggested a 3-way stop at 175th, 14th, and 15th.
Rasch encouraged Averill to follow up with the City.
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Mike
Joy added that Innis Arden Drive is included in the NTSP (Neighborhood
Traffic Safety Program).
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Solle
announced that a ground breaking ceremony for the Interurban Trail
is taking place Friday, August 15th, 9:00AM behind McDonald's at 15201
Aurora Ave. N.
B.
Board Agenda
Council
of Neighborhoods:
Solle announced that Judy Allen has volunteered to represent Innis Arden
in the Council of Neighborhoods.
Action: A motion to have Judy Allen represent Innis Arden in the
Council of Neighborhoods was passed unanimously
Shoreline
Community College Master Plan:
Summary:
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The
college was designed to accommodate 2,500 students. The present number
of full time equivalents (FTE) is 5,740 and total head count (including
part time students) is 8,172. The project anticipates a 19% increase
in FTE's and total head count.
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Currently
there are 456,000 square feet of floor area. The proposed project
would add 211,000 square feet floor area.
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The
project will take 4 plus acres of the second growth trees (the water
shed above Hidden Lake on the hill).
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The
proposed project would add a parking garage, an amphitheater, and
adjacent to it parking and a baseball and soccer field, which would
frequently be lit until 10:00 PM.
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Public
comment period ends August 14th.
A
petition was proposed against the plan because it not consider the impact
that traffic and glare will have on the five hundred thirty six families
living in Innis Arden.
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Lowell
felt that the College is an asset to our property values. Petitions
drive up lawyers' fees as well as the cost of the Environmental Impact
Statement. He feels we should bite the bullet and live with it.
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Jacobs
isn't opposed to growth but would like to see the College consider
traffic implications.
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Rasch
said they have not consulted with neighboring communities.
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Solle
said she was invited to become involved several months ago, but declined
due to time constraints.
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O’Neil
is in favor of what the College is doing. They have some really good
programs and are trying to provide educational opportunities for our
kids.
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Cottingham
said that students have been parking illegally.
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Susan
Leonhardi who works at the College observed that parking is always
a problem that goes along with colleges.
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Cottingham
said the plan is a 'joint use' between the College and the City, and
the plan will be financed by a bond issue.
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Wager
who lives adjacent to Shoreview Park did not receive any notification.
A
petition was distributed opposing the plan until consideration is given
to traffic and glare.
Membership
with the Community Associations Institute (CAI):
Membership is $350/year and benefits include reduced rates on publications,
classes and workshops and access to 'members only' information on their
web site including a research library and message board. On October 4th
an educational conference and trade show will be held that offers some
interesting seminars. (editors note: Web site is http://www.caionline.org
and the Washington Chapter is on http://www.wscai.org/outside_frame.asp).
Action: A motion to join CAI for $350/year was passed unanimously.
Proposed
Bylaw Amendment to incorporate covenant enforcement:
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West
suggested that lawsuits will still be required to enforce paragraph
#4 of the covenants.
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Wagar
doesn't feel that the Board should expand its own powers. It should
be decided by the community which would result in more legitimacy.
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Rasch
agreed that paragraph #4 would probably require litigation to enforce.
Fines would be used only when a resident files a complaint against
another resident. But he disagreed that we are expanding our powers.
The opinion letter from Eglick stated that we have these powers without
the RCW.
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Averill
asserted that there is a difference of legal opinion in the community.
Jacobs asked to review such a document.
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Rasch
said that if it gets challenged in court, we will stand by it.
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Judy
Allen asked how a vote would be done. Jacobs answered that we could
have a special shareholders' meeting and a simple majority would pass
the amendment.
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Sledziewski
commented that a small group attending a meeting would not be a fair
representation of the whole community.
C.
Committee Reports
Treasurer:
Howard distributed the July 2003 Treasurer's report. Our finances are
on track.
Activities:
Lowell had nothing to report this month.
Grounds:
Taber will call Hillwood Soccer to find out if they are using our playfield
without a contract. She has been considering the removal of 'volunteer'
trees along the SW edge of the property as well as 2 fir trees next to
the retaining that could fall into the road. The 'volunteer' trees are
choking out the planted vegetation.
Clubhouse:
The Clubhouse remodel committee met in person a couple of weeks ago. The
first workshop with the architect is scheduled for September 17th, and
not only will the Clubhouse be discussed, but the entire piece of property.
Representatives from Activities Committee and the Swim Club are contributing.
Sledziewski reminded residents that if you are renting the clubhouse for
an organization, company, or church you must pay the 'non member', not
the 'member' price. Yoshiaki and Naomi Minegishi generously donated a
beautiful table for the clubhouse.
Action: A motion that the Innis Arden Club pay for printing and
mailing a flyer regarding the Clubhouse remodel not to exceed $80 was
passed unanimously.
Action: A motion to accept the Boxwood Architecture firm to work
on developing the five acres for the same price as developing a plan for
the clubhouse was passed unanimously.
Reserves:
Fosmire is still identifying hazardous trees. Several trees have fallen
on trails within the last two week in the Boeing Creek and Eagle Reserves.
Jacobs is uncomfortable with leaving trails open. Now that we are aware
of the hazardous trees, we are liable. The City is slowing us down. Jacobs
will write a letter to the City attorney.
Buildings
and Remodels:
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Morely,
16751 15th NW: add 6-1/2 foot deck to house. The Board did not make
a site visit.
Action: A motion to deny the remodel pending a Board visit was passed
unanimously.
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Buescher,
18024 13th N.W.: Application is not ready
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Diorio,
17001 15th NW: The remodel was approved two years ago, and Diorio
has sent a letter explaining the delay.
Action: A motion to extend the Diorio application an additional 12
months was passed unanimously.
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O'Neil,
18645 17th NW: Height on plans that the Board approved is 13' 11-1/2".
Existing roof ridge according to plans submitted was 14' 8".
The height of the roof as built is 15' 6" above grade.
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O'Neil
explained that when he purchased the home, there were many view
blocking trees which he has since removed. He maintains that the
new structure is actually lower than the recomputed original roof
height. He stressed that the old roof height was actually 15'
9" if a 5.5/12 slope is used in the calculation.
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Heffron
(architect) explained that adequate roof height was needed for
roof drainage and to provide privacy for the roof deck. He documented
the original roof slope using crude tools. The slope of the original
roof was actually steeper than he had initially indicated. He
agreed with Jacobs that the corrected original roof height is
based on anecdotal information. A mansard roof is on the perimeter
of the house, and with the garage being extended to the east,
the house is going to appear higher.
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Rasch
asked if it would be possible to build a lowered mansard roof,
and Heffron responded that it would have to be rebuilt.
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Leonhardi
(neighbor) reconstructed the original roof based on pictures obtained
from the King County archives. He said that it was 13' 4".
He also expressed concern regarding a potential 'two step building
and remodel process' in which 1) a remodel is approved 2) the
remodel does not follow plans and another application is made,
leveraging financial impact that would be incurred based upon
having to change what's been built. He was not given the opportunity
to be included in the planning of the latest remodel configuration.
The increased roof height has significantly impaired his view
of the Sound and mountains. He felt that covenants need to be
consistently enforced.
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Jacobs
clarified that O'Neil did not change any plans, but that a dimensional
error had been made. O'Neil and Heffron agreed.
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Lowell
pointed out that the Board has a responsibility over property,
not people.
Action:
A motion to disapprove the resubmitted plans and that all construction
on the mansard roof shall cease until new plans with a lowered roof have
been presented to and approved by the Board was passed unanimously
D.
Closing
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Jacobs
has the signed contract that Elaine Phelps has been asking for. He
will try to give it to her during the next meeting
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Ballo
said that Wendy Berry and Kirk Peterson with the Parks department
may be a resource for information regarding the Shoreline Community
College Master Plan.
Action:
At 10:45, a motion to adjourn was unanimously approved.
-Carol Solle, Secretary
Legal
Opinion on Authority to Levy Fines for Covenant Violations
All
Cities Swim Meet Results
and Pictures
Bulletin
Board
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Found:
Set of keys in Clubhouse kitchen. Call 542-4978 to identify.
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Heavy
Cedar siding -- & construction lumber U Haul or just load my truck
if you don't have one and I'll drive it to your house for you. Marc
546-8952
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