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

ABELIA Edward Goucher	Edward Goucher Abeilia
AUCUBA japonica nana	Dwarf Aucuba
BERBERS	Darwin & Warty Barberry
CARPENTERIA californica	Mock Orange
CHAMAECYPARIS obtuse nana	Dwarf Hinoki Cypress
CHAMECYPARIS pisifera filifera	Thread Cypress
CHOSIYA ternata	Mexican Orange
COTONEASTER  microphyllus	Rockspray  Cotoneaster
DAPHNE	Odora & Collina
ESCALLONIA compakta	‘Compakta' & 'Fradesii’ & ‘Jubilee'
GAULTHERIA shallon	Salal
ILEX crenata	Japanese Holly & Buffords Holly
KALMIA latifolia	Mountain Laurel
LEUCOTHOE catesbaei	Drooping Leucothoe -also Texas sage
LIGUSTRUM japonica	Wax-leaf Privet
MAH0NIA aquifolium	Oregon Grape
NANDINA domestica	Heavenly Bamboo -some compacts
OSMANTHUS delavayi	Delavay Osmanthus
PIERSS japonica	Andromeda or Lily of the Valley shrub
PINUS Mugo mughus	Mugho Pine
PITTOSPORUM tobira	Wheeler's Dwarf Pittosporum
POTENTILLA fruiticosa	Bush Cinquefoil
PRUNUS	'Otto Luyken’ Laurel
RHAPHIOLEPIS indica	Indian Hawthorn
RHODODENDREN	Many - Also Azaleas
TERNSTROEMIA japonica	Relative of Camellia
THUJA orientalis Berkmani	‘Berkmans' Dwarf arborvitae

Deciduous Trees--to 20'

ACER ginnala	Amur Maple - variety “Flame’’ Bright red fall foliage
ACER griseum	Paperbark Maple
ACER palmatum (some)	Japanese - Bloodgood or Bloodleaf
BETULA youngi	Weeping Birch
CORNUS alternifolia Welshi Kousa Xrutgersensis	Pogada Dogwood Tri-color Dogwood Kousa-Gold Star' Stellar Dogwood - many varieties
COTINUS coggyria	Purple - Leaf Smoke Bush Variety 'Grace' shorter
MAGNOLIA stelllata	Star Magnolia
MALUS	Crabapple-some varieties- 'Arnold’- ‘Parkman'- ‘Sargent'- 'Floribunda'- Echterineyer- Weeping
PRUNUS (flowering cherry)	Shogetsu - Tri Loba – Weeping Cherry
SOPHORA	Weeping Pagoda Tree
STEWARTIA	Mountain stewartia & variety‘Grandiflora'
ULMUS	Camperdown Elm - weeping

Low Conifer Trees--to 20’

CHAMAECYPARIS obtuse gracilis	Slender Hinoki Cypress
CHAMAECYPARIS pisifera ‘Cyano Viridis’	Boulevard False Cypress
TSUGA mertensiana	Mountain Hemlock
THUJA occidentalis Pyranidalus	Pyramidalis (easily maintained)
TAXUS baccata stricta	Irish Yew (easily maintained)

Native Plants

Acer circinatum*	Vine Maple: 15-25’, drought tolerant, beautiful in groves or as individuals. Nice winter form.
Amelanchier alnifolia	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.
Cornus sericea, occidentalis	Red-osier dogwood, creek dogwood, red-twig dogwood (to 15’)
Gaultheria shallon	Salal (3’-7’)
Holodiscus discolor, creambush, arrowwood, rock-spiraea	Oceanspray, (to 15’)
Lithocarpus densiflorus var echinoides	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.
Lonicera ciliosa	Orange honeysuckle, trumpet honeysuckle (10’ to 20’)
Oemleria cerasiformis	Indian-plum, osoberry (5’ – 16’)
Physocarpus capitatus	Pacific ninebark, ninebark (6’-13’)
Ribes sanguineum	Red flowering currant:  6-9’, lovely spring flowers attract hummingbirds. An exceptional Northwest native, prized by gardeners.
Rosa gymnocarpa	Baldhip rose, naked-hip rose, little wild rose, little wood rose, wood rose (to 6’)

* 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

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

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