Viking Properties Voids Community's Covenants

In January of 2001, developer Eric Sundquist of Viking Properties sent a letter to some Innis Arden residents informing them that he intended to short-plat the property at 1445 NW 188th Street where a new house was currently under construction. Since most of Innis Arden building sites are about 100 by 200 feet, they would be divisible by city standards (7200 square feet). However, Innis Arden's covenants would preclude building on a lot of that size and subsequently Sundquist abandoned the effort.

There is another covenanted community similar to Innis Arden, and just across the street. It is the triangle defined by 8th NW, Richmond Beach Road and NW 190th. Its covenants were written in 1938 by Bill Boeing, and limit the density of development to one single family home per one-half acre. Viking Properties has now bought a 1.4 acre parcel in this community and has sued the residents for "an order declaring that the restrictive Covenant's density limitation has terminated and is unenforceable".

Viking Properties' lawsuit alleged two grounds on which the minimum lot size can be avoided. One is the State's adoption of the Growth Management Act representing changed conditions requiring greater density than the covenant allows. The other ground is that the covenants have been abandoned.

On Friday the 13th, 2004, Judge McBroom invalidated that community's covenants and granted Summary Judgment to Viking Properties. One of the residents of that community, who was present at the hearing, said that the Innis Arden and Highland Covenants were mentioned by Viking Properties during their argument and the judge during his oral ruling as well!

Property owners believe that Viking Properties is planning on building 16 cottage homes, similar to those near the Shoreline Police station on 185th. Residents from the community may appeal the judge's ruling.

Agenda for the March 9th, 2004
7:00 PM Board Meeting

  1. Approve February minutes
  2. Committee Reports
    A. Treasurer
    B. President/Vice President
    C. Secretary
    D. Building and Remodels
    Fisher: 17770 15th NW--Second floor addition for bathroom on north end of house, new roof and deck extension on West side of house.
    Buchmayr: 18770 Ridgefield Rd- Shed
    E. Activities
    F. Grounds
    G. Clubhouse
    H. Reserves
  3. Board Agenda
    -Outstanding View Preservation Petitions
    -Covenant amendment removing racial restrictions and allowing sheds in setbacks under certain conditions
  4. Community Comments
  5. Adjourn

Innis Arden
Welcomes
New Residents

Sean and Christel McArthur
17th Ave NW

Jerry and Corinne Reeves
Ridgefield Rd NW

Gerhard and Ann Brand
NW 167th St

Erich Volksdorf and Laura Brodax
NW 175th St

Frederick and Louise Dierk
17th Ave NW

G.F. Gjerset and J.L. Hastings
13th Ave NW

Eunhee Shin
NW 167th St

Charles Cross and Christine Shinkle
17th Ave NW

Garden Club News

The next Garden Club meeting will feature a slide show called "The Vibrant Garden". This is provided through the Green Gardening Program developed by Seattle Public Utilities to help gardeners reduce pesticide use and conserve resources. We will meet Wednesday, March 24, 2004 in the Clubhouse at 7:00p.m.  All interested gardeners and residents are welcome. Upcoming events include a trip to the Bloedal Reserve in April, a plant exchange in May, and a tour of neighborhood gardens in June. Questions/suggestions: Shelley @ 542-4369.

Unwelcome Visitor Returns

The transient has relocated from Running Water Reserve to the back of the Newland property. The police were called and they investigated. A tent, food related trash, toilet paper and associated waste was removed.

Consideration needs to be
given to what can be

done to make the Reserves less attractive to transients and safer for Innis Arden residents.

February Activities Announcements

Newcomers Wine and Cheese
On January 23 we had a record attendance to the Newcomers' Wine and Cheese party. Newcomers to Innis Arden were welcomed to the neighborhood by the Activities Committee, the Hospitality Committee and various Board members. It was a lovely evening enjoyed by everyone. A special thanks to the people who made it all happen: Linda Gigstad, Jan and Randy Holbrook, Shelly Watson/Dave Fosmire, Jane and Roger Lowell, Sylvia Moren, Pam and Alan Smit, Kathy and Ian Malarky.

Come to the Wine Tasting Event
Our SECOND ANNUAL WINE TASTING event will be on March 20, 2004 from 7:00 p.m. - 9:00 p.m. at the Innis Arden Clubhouse. This will be a fun night to meet new and familiar neighbors!

All residents are welcomed. This event was a success last year with over 100 people attending. Red and white wines will be served along with appetizers and desserts. Join your neighbors for this fun social event. Adults only please. Wines sampled may be ordered at a discount through Arista Wine Cellars that night. Advance reservations are recommended at $16.00 per person, or $20.00 at the door.

If you have questions or would like to help, please call Jeri Jacobsen at 542-7373 or Jan Holbrook at 546-3524. Please make checks payable to the Innis Arden Activity Committee (IAAC). Mail to: Jeri Jacobsen
1089 NW 167th
Shoreline, WA 98177

Hop in for a great time at the ANNUAL INNIS ARDEN EGG HUNT
Sunday April 4th, 1-2 pm
Ages 10 and under
Innis Arden Playground

Sponsored by the Activities Committee. For questions contact Patty Austin 546-7766 or Ingrid Gerbino 533-6144

The Rummage Sale is coming! March 6th & 7th!!!
It is that time of year when the Activities Committee is really getting excited about receiving all of your unwanted treasures. Our annual rummage sale is March 6th & 7th. We will continue to accept rummage donations until Wednesday, March 3th, at 4:00. Please look and see if you have any wonderful items that you would be willing to donate to us. We are looking for useable merchandise that is in great condition. (We cannot accept computers/printers and large appliances).

As many of you know, the money we make from the rummage sale goes right back into the community. Over the years we have paid for the tennis courts to be resurfaced, new playground equipment, paving of the parking lot in front of the clubhouse, landscaping projects around the community, a microphone system, Innis Arden social events, and the list goes on. We need your contributions!
This is a week long project to set up for the sale. We need volunteers. Workers will be at the clubhouse between the hours of 9:00 a.m. - 4:00 p.m. Stop in and help anytime, an hour or two… This is a great way to meet neighbors while giving to your community. If you would like to help with this project or if you need further information, please call Sherri Robbins 546-8366.

Our next collection dates are:
Monday: February 23rd (drop off at swim clubhouse)
Monday -Wednesday: March 1-3 (drop off at clubhouse)

Also, please note that we are unable to give you a donation receipt because of the Activities Committee tax status is 501-C3 Not for Profit--Not tax exempt 501-C3.LL

NOT AN EXTREME MAKEOVER, BUT A MAKEOVER
The AC is proud to announce that they will be leading an effort to beautify the clubhouse immediately. From the money raised through the Rummage Sale, they are purchasing paint to have the interior clubhouse painted and replacing the broken lights fixtures.

Who is doing the painting you ask? IA volunteers! We are looking for folks who would be willing to donate their painting talents during the weeks of April 23 - May 2. We are also looking for paint supplies, such as paint pans, good brushes/rollers… If you are able to help out, please call Pam Smit. We are excited about sprucing up the place!

Looking for Chairpersons
The Activities Committee is looking for volunteers to chair two of our traditional events, the SALMON BBQ and the HOLIDAY PARTY. The SALMON BBQ is scheduled for September 19th (Sunday) and the HOLIDAY PARTY is scheduled for December 5th (Sunday). The Activities Committee has notebooks for each event providing valuable information of how past events were accomplished. If you would like to chair one of these events or possibly co-chair, please call Pam Smit (533-0240). The AC will be glad to support the chair's efforts!

Next Activities Committee Meeting
Our next activities meeting will be at Shelley Watson's home on Monday, April 5th at 7:00. We welcome newcomers and familiar faces. This is a great way to meet your neighbors and get involved in your community. Call Shelley 542-4369 or Pam Smit for more information.

SPRING PLANTING & PRUNING

With the arrival of spring, it is time for a reminder concerning the planting and trimming of trees & shrubbery. In a view community such as ours, there is a need to protect each other's view corridors.

Every species of tree or shrub has different height, width and spacing needs. When planting new trees and shrubs, make sure your selection is compatible with the site conditions. Consider your neighbor's view corridor and the proximity to other trees or buildings in order to prevent problems before they occur. Innis Arden resident Lael Call, a master gardener, has volunteered her consulting services if you have a question about the 'right plant, right place'.

Tree topping or the drastic removal or cutting back of large branches in mature trees causes immediate injury to the tree and ultimately results in early failure or death of the tree. According to Phil Wood writing for the Seattle Times, "If you have to top a tree to keep it out of a view, it is time to take it out and replace it with a plant that will stop growing before it infringes into the view. Topping trees is not only expensive to pay for initially, but exposes you to further expense when the re-growth that will surely occur needs to be removed again, and when the tree needs to come down because it has been made weak and prone to disease by the process."

It is worth noting that according to our covenants, hedges should be no higher than 6 feet in the back and 4 feet in the front of your property, unless written permission is first obtained from the Board. View blocking hedges over 6 feet should be trimmed to compliance.

This is a good time to talk with those around you concerning the need for proper and effective trimming. All of us are winners when improved views and healthy, beautiful trees contribute to increased property values.

There are many beautiful native species that are well suited to our neighborhood. Here are just a few

Innis Arden Club, Inc.
Summary of Minutes for
Annual Shareholder's Meeting January 21, 2004
Innis Arden Club House, 7:00 p.m. coffee hour, 8:00 p.m. meeting

The meeting was called to order at 8:11 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) and Ewa Sledziewski (Clubhouse). Community members attending: Over 200

President Rasch noted that this was the best turnout in years. It was established that a quorum (1/3 x 538=180) of shareholders was present either in person or by proxy and so it was not necessary to adjourn and reconvene the meeting. He gave a brief rundown of the agenda.

Action: Elaine Phelps moved that the agenda be changed to accept motions from the floor before proceeding with the scheduled agenda. This passed 140 to 137.

Paul Blauert moved that any IA Club Director who has participated in a personal lawsuit, legal proceeding or formal complaint against another IA resident shall immediately resign. Blauert indicated that he was not amending the bylaws. Rasch said that the bylaws provide for removal of directors, "Any director may be removed either for or without cause at any time by the affirmative vote of two-thirds of the shareholders at a special meeting of the shareholders called for that purpose and the vacancy caused by any such removal may be filled by the shareholders at such meeting or a subsequent meeting". Rasch said that the motion is not legal.

Elaine Phelps appealed the President's ruling. The appeal failed 144 to 159.

Action: Robert Blair moved to close motions taken from the floor and to continue with agenda. This passed 220 to 38.

Action: A motion to approve the minutes from the 2003 Annual Meeting was adopted unanimously.

There were no nominations taken from the floor. Candidates made their presentations followed by a question and answer period. There was discussion of the bylaw amendment, the budget and dues increase, and the ratification of Activities Chair.

Action: The Board voted on candidates, bylaw amendment, budget and Activities chair to direct secretary's vote on proxies as follows: June Howard (8-0), Dave Fosmire (8-0), Bylaw Amendment yes (9-0), Budget ratification yes (9-0), Activities ratification yes (9-0).

The ballots were cast.

Committee Reports:
Treasurer: June Howard reported that the audit will be due in mid-April, and is scheduled for 3/22. This will be on the Web site. We have $100,148 in cash and spent $15,000 over budget. Income is up by $5,230 which partially offset what would have been a larger loss. Income statements are on a cash basis and the balance sheet is on an accrual basis. Howard pointed out that the 2002 audit had been an unqualified opinion as was the 2001 audit.

Activities: Roger Lowell recognized the efforts of last year's Activities members. He felt that there was misinformation regarding the Activities Committee, and encouraged people to get involved. The Rummage sale drew $11,177. More Block Watch captains are needed. Activities is planning some minor updating to the clubhouse (interior paint, different light bulbs), moving the watering source for the clubhouse entrance landscaping and repairing/resurfacing portions of the track. The Rummage sale will be on March 6&7.

Clubhouse: Ewa Sledziewski wanted to thank manager Susan Lundli for a job well done, as well as her husband Jerry for coming to the rescue multiple times.

  • The Clubhouse was rented 37 times: 23 to members/14 non-members.
  • Non-members included elections, school events and 7 private parties.
  • The inspection report indicates multiple necessary repairs that are urgent, especially electrical.
Sledziewski would like to propose changes in rental policy to try and close the gap between income and expenses.

Reserves: Dave Fosmire spoke of trail restoration-- 2000 feet was restored in Blue Heron, and the Eagle scouts are scheduled to complete the final 400 feet.

Grounds: Maggie Taber commended Gary Barckert again this for year mowing the playground for $100 each time--Our thanks for his continued service & devotion to the grass. Also a thanks to the Activities Committee who reworked the clubhouse entrance. We are continuing to use Greenridge Landscaping who have done a good job on a fixed budget, pruning and maintaining the common areas.

B&R: Loys Lamb reported that 22 applications were processed, out of which 20 were approved. This was twice the number of 2002. In July, a B&R committee was formed to help expedite site visits.

Action: A motion to adjourn the meeting following the announcement of the election results was passed.
Election results were announced:

Election Results:

  • R.L. Smith was elected with 255 votes
  • Al Wagar was elected with 250 votes
  • The bylaw amendment failed by only 20 votes, 227/247 (4% of total)
  • Ratification of budget failed 195/278
  • Ratification of Activities President passed 278/191

Following adjournment at 11:30, the Board met to elect and assign positions as follows:

  • President-Michael Rasch
  • Vice President-Mike Jacobs
  • Secretary-Carol Solle
  • Treasurer-R.L. Smith
  • Activities-Shelley Watson
  • Building and Remodel-Loys Lamb
  • Clubhouse-Al Wagar
  • Grounds-Ewa Sledziewski
  • Reserves-Maggie Taber

Innis Arden Club, Inc.
Board of Directors Meeting
February 10, 2004 7:00 PM
Summary of Minutes

The meeting was called to order at 7:05 p.m.
Board members present: Michael Rasch (President), Mike Jacobs (Vice President), R.L. Smith (Treasurer), Carol Solle (Secretary), Loys Lamb (Buildings and Remodels), Maggie Taber (Reserves), Al Wagar (Clubhouse), Ewa Sledziewski (Grounds), and Shelley Watson (Activities). Community members attending: about 25

Action: A motion to amend and approve the January 2004 meeting minutes, changing 'fences and other structures' to 'fences and similar structures' was passed unanimously.

Committee Reports

Treasurer: Smith reported that the post office in the QFC was closed and so we had to establish another post office box. Another one was opened at the Bitter Lake station. All correspondence should be sent to:

P.O. Box 77738
Seattle, WA 98177

Dues are $220 for FY2004 and invoices will go out in mid-February, due in mid-April.

President/Vice President - Rasch reported that we have received a letter that threatens litigation, which has serious implications for the community.
Action: A motion to authorize Eglick to preliminarily question the other attorney regarding specifics of the letter and then to have an executive session with him regarding this potential litigation was passed unanimously.

Secretary - no report

Building and Remodels
Hill-17104 13th NW: 120 square foot shed 10 feet from side and rear property lines. A motion to approve the shed failed with 4 yes, 3 no and 2 abstentions. A motion to deny the shed failed with 3 yes, 4 no and 2 abstentions.

The shed is denied. It was apparent from Board and residents' comments that the covenants need revision to allow sheds in the setback because that is where they are least likely to affect the view from neighboring lots.

Since none of the votes at this meeting had a quorum, the Board's earlier decision on January 13, 2004 denying Mr. Hill's proposal to build a shed still stands.

Welsh-1450 NW 188th: Sports court, deck and garden shed.
Action: A motion to approve Welsh's application subject to trees being brought into compliance should a verified complaint be lodged passed unanimously.

Abbott-Milne-17730 13th NW: Retaining walls, patio.
Action: A motion to approve the Abbott-Milne additions and changes, subject to moving shed in accordance with the covenant setback requirements within 30 days, was passed unanimously.

Ward-17425 14th Ave NW: Rebuild.
The ground will be excavated 3.2 feet so that the new roof ridge will not exceed the existing roof ridge. The new house will extend 8 more feet to the west than the original. A survey has been taken to establish the height of the existing roof. The Wards were cautioned that it may be necessary for a 2nd survey if there is any question about the roof height of the new house.
Action: A motion to approve the Ward application passed with 7 yes, 1 no and 1 abstention.

Activities: There was an Activities Committee meeting on February 3rd. Activities is going to paint the interior of the clubhouse, convert the fireplace to gas, and upgrade the lights. Rummage sale is going to be the 6th and 7th of March. The Wine Taste is going to be March 20th, and the Salmon BBQ is scheduled for sometime in September. The next meeting will be April 6th at Shelley Watson's.

Grounds: 150 feet is being replaced on the track. Activities is paying for this. Poplar tree roots are coming up into the track and parking lot. Activities is going to pay for taking it down. The January water bill is $233. Sledziewski will be checking into system leaks. The chain near the pool house needs to be removed. Rasch mentioned that kids are using our picnic tables as skateboard ramps, causing damage to them and potential liability to the Club. We must discourage this type of activity. We need to build a container around the dumpster, which could be achieved through a work party. It would be more aesthetically pleasing, minimize odor, and prevent people from driving on the playfield. This will be published in the Bulletin.

Clubhouse:

First, thanks to Ewa for her help and graciousness in walking me through the clubhouse and clubhouse issues. Thanks also to Susan Lundli for walking me through the Clubhouse books.

Second, looking at our clubhouse carefully for the first time, I realized that we've got a "fixer upper" and have tended to "let it go" rather than maintain it in first-rate shape as one of the community's capital assets. There has been activity by Judy Allen and others to explore refurbishing or replacing the clubhouse, and we need a good deal more community discussion of this issue. (How many people would be interested in participating?)

To facilitate this discussion, I've put together a table showing what financing each million dollar's worth of remodeling or replacing would cost for 3 different loan periods, each at 3 different interest rates.

 

Cost per $1 million for financing clubhouse remodel or replacement. (If, for example, the cost were $2 million, the figures below would need to be multiplied
by 2.)

Monthly Principal & Interest Payment -
Per Lot (535 assumed)

10 years
20 years
30 years
5%
$19.83
$12.34
$10.03
6%
$20.75
$13.39
$11.21
7%
$21.70
$14.49
$12.44

Annual Principal & Interest Payment -
Per Lot (535 assumed)


10 years
20 years
30 years
5%
$237.90
$148.03
$120.41
6%
$249.02
$160.69
$134.48
7%
$260.43
$173.90
$149.23


Third, Ewa suggested that we raise our rental rates for a reception or party from $250 to $300 for members and from $500 to $700 for non-members, with members allowed the reduced rate only once per year. There's the risk that by raising rates, we'd have enough fewer rentals that our total revenue would decrease. Need people's thoughts on this, especially Ewa's, since she's been the closest to this issue.

Fourth, rental income for January was $1,070 and another $1,500 was taken in as damage deposits. Expenses (to nearest dollar) were $275 for Clubhouse manager, $132 for custodian, $218 for repairs, $20 for office supplies, and $310 in returned damage deposits. Because the paying and refunding of deposits may not occur in same month as the respective events, monthly cash flow is not an accurate estimate of profit or loss.

Reserves: A neighbor has complained that trees from Blue Heron reserve are pushing into his fence and falling into his yard. An arborist has recommended pruning the crown.
Action: A motion to prune the trees was passed unanimously. However, a question was raised as to who would pay for it. Someone suggested that the home owner should pay for it, and others thought that the Club should pay for it because it was impacting private property. It was agreed that Maggie would get an estimate and see if the homeowner would pay for it. If not the board would have to revisit the issue.

Arborpro has almost completed work in the reserves. Rasch noted that there is a tree in Eagle that is hung up on another tree over the trail. The trail to the beach from Blue Heron is dangerous.

Action: A motion to close the trail in Blue Heron Reserve from the concrete bridge to the Sound (because it is extremely hazardous) and to put up a 'trail closed' sign off of 17th passed unanimously.

It was suggested that a geotech be consulted to see if this can be fixed or permanently blocked. We have received a petition from neighbors on Springdale Court, Ridgefield Road and 188th regarding view blocking vegetation in our Reserves.
Action: A motion to tell the group to proceed to put together a plan to present to the Board and then to the City passed unanimously.

Board Agenda

Shorewood High School made a presentation about Boeing Creek. The watershed has changed a lot over the years, particularly when the Sears Plaza was built on a wetland. This has resulted in sinkholes, the most recent of which occurred at 6th NW and NW 175th New Year's day, 1997. Mark Neumann from the Ronald Wastewater District said that a 'list station' is in one of our reserves, collecting data about the creek's condition. The "Safe Club" from Shorewood collects information about quantities of dissolved oxygen, phosphate, chlorine and other elements that may affect the salmon population.

Clubhouse Feasibility Study Update. Judy Allen reported that this fall there was a Clubhouse feasibility study which involved 4 meetings that resulted in 5 different plans for a new clubhouse costing between $3m and $6.5m. A colored rendition of one of the plans was published in the November Bulletin. Since then, the only feedback that has been received is concerns about the Clubhouse cost.

Outstanding View Preservation Petitions. A process was initiated in 2003 which dealt with covenant violations. The Board needs to follow through on those petitions that were not resolved. This will be discussed during March's meeting.

Message Board. The message board was a privilege, yet folks continued to abuse it (regardless of the rules posted and plain decency). It caused extra work on the volunteer webmaster to have to 'police it' due to folks posting libelous messages and disregarding the rules. Very few people are using it for sharing information. No solutions or resolutions have ever resulted due to message board use. For this reason, it has been shutdown. Residents who want a message board can create their own, independent of the Innis Arden web site.

Budget. Because of the length of the meeting, it was decided to have a separate meeting to revise the budget on February 24th at 7:00.

Action: A motion to adjourn at 10:30 was passed unanimously.

Bulletin Board

Highland Terrace Elementary School...
is seeking Alumni recollections of going to school at Highland Terrace. To help celebrate the 60th anniversary of Shoreline Schools, Highland Terrace is writing a retrospective of the past 45 years. If you have memories of Highland Terrace, please email your recollections to Frank Kleyn at frank.kleyn@shorelineschools.org. You may also call Frank at 361-4345. Submissions must be turned in by March 15th to be included in the written history.

For Sale:
1999 Jeep Grand Cherokee Laredo. 50K m., great shape, one owner, local servicing and purchase. White, all power, roof rack, running boards. $16,500. Call Lesley at 206-849-5791 or Kate at 206-696-3638.

Found:
Found, key ring with 2 keys, at intersection of 175th and 15th. Identify and they're yours. 546-9254.

Wanted:
Maggie Taber needs any extra plastic planting pots you would like to recycle by March 5th. Call 542-7339.

For Sale:
Cardio Glide like new--$75.00. Call Karen at 206-542-5229

QUILTS FOR SALE
Two colorful, all pre-washed cotton fabric, hand and machine quilted 44x54 inches, 39x49 inches, and one small wall hanging, 25x38 inches. If interested, call Ewa Sledziewski at 546-3466.

Volunteers Needed:
Innis Arden Bulletin editor and layout person beginning June 2004. Call Carol Solle at 542-4978.

Folks to help build a container around the dumpster, which would be more aesthetically pleasing, minimize odor, and prevent people from driving on the playfield. Call Ewa Sledziewski at 546-3466.

NOTE:
We've got a new post office box (the one at QFC closed)
INNIS ARDEN CLUB
P.O. Box 77738
Seattle, WA 98177-0738