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View
Information
Reserves
Policy
In
August of 2004, residents came up with a recommendation for addressing
covenant compliance complaints. Petitions
are initially addressed by a committee of volunteers rather than by
the Board. This
recommendation was adopted by the
Board during the September 14, 2004 Board meeting.
In
April of 2005, the Board adopted a bylaw amendment to incorporate
covenant enforcement, including a hearing process and implementation
of fines for non-compliance. Here is the petition
process.
Petitioners
may select either option.
History
of Efforts to Preserve and Restore Views
1940’s
The
Boeing Company purchased Innis Arden in 1940 after the land had
been logged. Boeing promoted Innis Arden as having "inspiring
views, wooded ravines, a profusion of native shrubs with panoramic
views of the water and the mountains." Covenants were
drawn up for the “development, improvement, maintenance, and
protection of the real property.”
1980s
Many
lots in Innis Arden had lost or were losing their views due to
vegetation on private lots, despite covenants aimed at preserving
views, such as those governing building size and prohibiting such
things as “spite” fences or hedges. In 1980, the newly formed
View Protection Committee drafted an amendment to the covenants
limiting the height of view-blocking trees on private lots. As
required by the covenants, the amendment was approved by the owners
of at least 60 of 92 tracts (66%) in Innis Arden I, 150 of 214
tracts (70%) in Innis Arden II, and 150 of 229 (66%) in Innis
Arden III. The signed instruments were recorded with the King
County Division of Records and the amendment (attachment A) became
binding on June 17, 1982 on all lots, except for those that never
had views. Shelly Rolfe, President, and Judy Runions, Secretary,
attested to the required number of signatures.
While
most residents heeded the amendment and many lost views were restored,
some refused to conform, claiming the amendment was not legal.
In spite of efforts by the Board, view reclamation came to a halt.
As
a result, in 1986 a lawsuit was filed against some 20 residents
who refused to observe the amendment (Innis Arden Club, Inc. v.
Binns, Civ. No. 84-2-099622-5). The Superior Court held the amendment
valid and enforceable (see order). In
the subsequent appeal, the Court of Appeals
affirmed the trial court’s judgment and declared that “protection
of the area’s marine and mountain view is eminently reasonable
and such views very obviously are and always have been one of
the principle attractions of the Innis Arden development.” The
Superior Court created “Procedures For Special Master Process”
(attachment B) and appointed a judge to enforce the amendment
in individual cases.
1990s
In
1992, the Superior Court decided that “the majority of the work
that the covenants were intended to accomplish has in fact been
accomplished by that petition process”. Judge Anne Ellington
expressed concern about the “difference in cost to the parties
of participating through the Special Master process we designed
versus individual enforcement actions, but I think it very likely
that the Community Club, faced with the responsibility for doing
so, could devise a very effective mediation process which could
resolve any outstanding issues.” Judge Ellington noted that the
guidelines (attachment B) that were set up for the Special Master
Process would continue to be binding. She urged the community
to set up a “simple procedure” that would perhaps “go some length
toward healing the wounds…in this community” (footnote 1).
2000s
In
April and May of 2001, the Innis Arden Board appointed Marc Weinberg
to the position of View Information Chair, concerning trees on
private property. This Non-Voting Committee Chair served the
role of 1) educating the community regarding views on private
property 2) exploring the feasibility of a community survey
regarding view preservation on private property and 3) working
with the Building & Remodels chair to develop a protocol for
landscape review to be incorporated into the approval process.
The
Board recently approved of a permit application from the Grouse
Reserve Neighborhood Association. If approved, the application
will allow affected residents to restore their views through the
reserve while still complying with Shoreline Development Code.
Footnotes:
1. Proceeding, June 15, 1992, No. 84-2-09622-5
View
Friendly Plantings
The
following plants include ornamental species suitable for Western
Washington and a view community such as Innis Arden.
Low
Shrubs-to 6
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ABELIA Edward Goucher
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Edward Goucher Abeilia
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AUCUBA japonica nana
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Dwarf Aucuba
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BERBERS
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Darwin & Warty Barberry
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CARPENTERIA californica
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Mock Orange
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CHAMAECYPARIS obtuse nana
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Dwarf Hinoki Cypress
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CHAMECYPARIS pisifera filifera
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Thread Cypress
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CHOSIYA ternata
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Mexican Orange
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COTONEASTER microphyllus
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Rockspray Cotoneaster
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DAPHNE
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Odora & Collina
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ESCALLONIA compakta
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‘Compakta' & 'Fradesii’ & ‘Jubilee'
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GAULTHERIA shallon
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Salal
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ILEX crenata
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Japanese Holly & Buffords Holly
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KALMIA latifolia
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Mountain Laurel
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LEUCOTHOE catesbaei
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Drooping Leucothoe -also Texas sage
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LIGUSTRUM japonica
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Wax-leaf Privet
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MAH0NIA aquifolium
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Oregon Grape
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NANDINA domestica
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Heavenly Bamboo -some compacts
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OSMANTHUS delavayi
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Delavay Osmanthus
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PIERSS japonica
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Andromeda or Lily of the Valley
shrub
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PINUS Mugo mughus
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Mugho Pine
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PITTOSPORUM tobira
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Wheeler's Dwarf Pittosporum
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POTENTILLA fruiticosa
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Bush Cinquefoil
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PRUNUS
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'Otto Luyken’ Laurel
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RHAPHIOLEPIS indica
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Indian Hawthorn
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RHODODENDREN
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Many - Also Azaleas
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TERNSTROEMIA japonica
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Relative of Camellia
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THUJA orientalis Berkmani
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‘Berkmans' Dwarf arborvitae
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Deciduous
Trees--to 20'
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ACER
ginnala
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Amur
Maple - variety “Flame’’ Bright red fall foliage
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ACER
griseum
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Paperbark
Maple
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ACER
palmatum (some)
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Japanese
- Bloodgood or Bloodleaf
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BETULA
youngi
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Weeping
Birch
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CORNUS
- alternifolia
- Welshi
- Kousa
- Xrutgersensis
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Pogada
Dogwood
Tri-color
Dogwood
Kousa-Gold
Star'
Stellar
Dogwood - many varieties
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COTINUS
coggyria
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Purple
- Leaf Smoke Bush Variety 'Grace' shorter
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MAGNOLIA
stelllata
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Star
Magnolia
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MALUS
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Crabapple-some
varieties-
'Arnold’-
‘Parkman'- ‘Sargent'-
'Floribunda'-
Echterineyer- Weeping
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PRUNUS
(flowering cherry)
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Shogetsu
- Tri Loba – Weeping Cherry
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SOPHORA
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Weeping
Pagoda Tree
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STEWARTIA
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Mountain
stewartia & variety‘Grandiflora'
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ULMUS
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Camperdown
Elm - weeping
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Low
Conifer Trees--to 20’
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CHAMAECYPARIS obtuse gracilis
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Slender Hinoki Cypress
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CHAMAECYPARIS pisifera ‘Cyano Viridis’
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Boulevard False Cypress
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TSUGA mertensiana
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Mountain Hemlock
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THUJA occidentalis Pyranidalus
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Pyramidalis (easily maintained)
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TAXUS baccata stricta
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Irish Yew (easily maintained)
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Native
Plants
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Acer
circinatum*
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Vine
Maple: 15-25’, drought tolerant, beautiful in groves or
as individuals. Nice winter form.
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Amelanchier
alnifolia
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Serviceberry:
6-8’, Deciduous, erect shrub with clusters of pristine white
flowers followed by ½ inch purple berries loved by birds
and people for pies and jam. Tolerates full, hot sun.
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Cornus
sericea, occidentalis
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Red-osier
dogwood, creek dogwood, red-twig dogwood (to 15’)
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Gaultheria
shallon
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Salal
(3’-7’)
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Holodiscus
discolor, creambush, arrowwood, rock-spiraea
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Oceanspray,
(to 15’)
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Lithocarpus
densiflorus var echinoides
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Tanbark
Oak: 6-8’, Handsome evergreen. New growth is silvery to
cream to pink. The species is tall, so be sure to get var.
echinoids.
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Lonicera
ciliosa
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Orange
honeysuckle, trumpet honeysuckle (10’ to 20’)
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Oemleria
cerasiformis
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Indian-plum,
osoberry (5’ – 16’)
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Physocarpus
capitatus
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Pacific
ninebark, ninebark (6’-13’)
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Ribes
sanguineum
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Red flowering currant: 6-9’, lovely spring flowers
attract hummingbirds. An exceptional Northwest native, prized
by gardeners.
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Rosa
gymnocarpa
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Baldhip
rose, naked-hip rose, little wild rose, little wood rose,
wood rose (to 6’)
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* For height considerations,
prune trees when young to encourage horizontal rather than vertical
growth.
Do not prune Maples
from Christmas to May (when sap is running).
References
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Arborists:
Roger
Barnett
Barnett Tree Care
(206) 542-9523
John
Cedarland
Artistic Landscape Service
(360) 653-1574
John
Hushagen, Seattle
Tree Preservation Inc.
(206) 367-4048
Scott
Mayer
206)
361-8251
Tim
Waterman,
Northern Arboriculture
(206)
306-1740
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Books:
Grant,
Carol L. and John A:
Trees and Shrubs for Pacific Northwest Gardens
Jacobson,
Arthur Lee
North American Landscape Trees
Kruckeberg,
Arthur R.
Gardening with Native Plants of the Northwest
Sunset
Publishing Corporation
Western Garden Book
Turnbull,
Cass
Landscape
Design, Renovation, and Maintenance
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