15711 92nd Way SE 080306August 3, 2006
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. 130: 479
Yelm, WA 98597
Michael Brown
15711 92 "d Way SE
Yelm, WA 98597
Subject: Citizen Action Request
Dear Mr. Brown:
I received your letter on June 9, 2006 This letter is to provide you follow up on the
concerns outlined.
On July 13, 2D06 you and I spoke on the phone requesting an update of the outcome of
the Citizen Action Request.
There were concerns at 15707 92nd Way SE, Yelm Wa which included per your
concern:
• Retaining wall not built to code
• Reshaping of the berm between the property at 15711 92 "d Way SE and the
adjoining property at 15707 92nd Way SE.
• Alteration of the bios wale.
I have investigated your concerns and following are my findings:
1. The landowner does not require a building permit for a retaining wall. Per
Section 105, Permits under 105.2 Building 4. "Retaining walls which are not over
4 feet (1219 mm) in height measured from the bottom of the footing to the top of
the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids."
The landscaping block wall is only 21 inches tali and does not require a permit
per this section. I've enclosed a copy of the code with this letter.
2. 1 have researched on the concern about the 'reshaping of the berm' and cannot
find any information on this nor what it may have looked like before. I would
recommend that you contact the homeowner's association regarding this issue.
(360) 45 &3835
(360) 45 &3144 FAX
wmm.ei.relm.ma.ue
3. The previous property owner at 15707 92 n° Way SE sought permission from the
City of Yelm Public Works Department before making the changes to the bios
wale. The bioswale is still functioning as designed for storm water runoff.
If you have any questions or I can be of further assistance please don't hesitate to
contact me at 360 -458 -8475.
Sincerely,
Larry Hanson, Code Enforcement Officer
Community Development Department
August 3. 2006 Page 2 of 2
be recorded and entered in the files of the department of build-
ing safety.
104.11 Alternative materials. design and methods of can.
strnction and equipmenL The provisions of this code are not
intended to prevent the installation of any material or to pro -
hibitany design or method of construction not specifically pre-
scribed by this code- provided that any such alternative has
been approved. An alternative material, design or method of
construction shall be approved where the building official rinds
that the proposed design is satisfactory and complies with the
intent of the provisions of this code. and that the material.
method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code in quality, strength. ef-
fectiveness, fire resistance, durability and safety.
104.11.1 Research reports. Supporting data. where neces-
sary to assist in the approval of materials or assemblies not
specifically provided for in this code. shall consist of valid
research repons from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of
compliance with theprovisions of thiscode. orevidence that
a material or method does not conform to the requirements
of this code, or in order to substantiate claims for alternative
materials or method& the building official shall have the au-
thority to require tests as evidence of compliance to be made
at no expense to the jurisdiction. Test methods shall be as
specified in this code or by other recognized test standards.
In the absence of recognized and accepted test methods. the
building official shall approve the testing procedures Tests
shall be performed by an approved agency. Reports of such
tests shall be retained by the building official for the period
required for retention of public records.
SECTION 105
PERMITS
105.1 Required. Any owner or authorized agent who intends
to conslrum enlarge, alter. repair. move, demolish, or change
the occupancy of building or structure, orm erect. install. en.
large. alter, repair, remove, convert or replace any electrical.
gas, mechanical or plumbing system, the installation of which
is regulated by this code. or to cause any such work to be done.
shall first make application to the building official and obtain
the required permit.
105.1.1 Annual permit. In lieu of an individual permit for
each alteration to an already approved electrical, gas. me.
chanical or plumbing installation, the building official is au-
thorized to issue an annual permit upon application therefor
to any person. firm or corporation regularly employing one
or more qualified tradepersons in the building. structure or
on the premises owned or operated by the applicant for the
permit.
105.1.2 Annual permit records. The person to whom an
annual permit is issued shall keep a detailed record of alter-
ations made under such annual permit. The building official
shall have access to such records at all times or such records
shall be filed with the building official as designated.
105.2 Work exempt from permit. Exemptions from permit
requirements of this code shall not be deemed to grant authori-
2003 INTERNATIONAL BUILDING CODEO
ADMINISTRATION
zation for any work to he done in any manner in violation of the
provisions of this code or any other laws in ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
1. One -story detached accessory structures used as
tool and %image sheds, playhouses and similar uses.
provided the floor area does not exceed 120 square
feet (11.15 m2).
2. Fences not over 6 feet 11829 mm high.
3. Oil derricks.
4. Retaining walls which are not over feet (1219 mm)
in height measured from the bottom of the footing to
the top of the wall. unless supporting a surcharge or
impounding Class 1. 11 or 111 -A liquids.
5. Water tanks supported directly on grade if the capac-
ity does not exceed 5.000 gallons (18 925 L) and the
ratio of height to diameter or width does not exceed
2 to 1.
6. Sidewalks and driveways not more than 30 inches
(762 mm) above grade and not oserany basement or
story below and which are nor pan of an accessible
route.
7. Painting. papering. tiling. carpeting, cabinets. coun-
ter tops and similar finish work.
8. Temporary motion picture, television and theater
stage sets and scenery.
9. Prefabricated swimming pools accessory to aGroup
R -3 occupancy, as applicable in Section 101.2.
which are less than 23 inches (610 mm) deep. do not
exceed 5.000 gallons 0 8925 L) and are installed en-
tirely above ground.
10. Shade cloth suuctares constructed for nursery orag-
ricultural purposes and not including sen ice sys-
tems.
11. Swings and other playground equipment accessory
to detached one- and two-family, dwellings.
12. Window awnings supported by an exterior wall
which do not project more than 54 inches (1372
mm) from the exterior wall and do not require addi-
tional support of Group R -3. as applicable in Section
101 2, and Group U occupancies.
13. Movable taus. counters and partitions not over 5
feet 9 inches (1753 mm) in height.
Electrical:
Repairs and maintenance: Minorrepair work, includ-
ing the replacement of lamps or the connection of ap-
proved portable electrical equipment to approved
permanently installed receptacles.
Radio and television transmitting stations: The provi-
sions of this code shall not apply to electrical equipment
used for radio and television transmissions, but do apply
to equipment and wiring for power supply, the installa-
tions of tower and antennas.
Temporary testing systems: A permit shall not be re-
quired for the installation of any temporary system ne-
From: Michael & Donna Brown Date: 9 June 06
15711 92"" was, se
Yeim Wa. 98597
To: City Of Yelm Code Enforcement (Larry Hanson) Received
Subject: Citizen Action Request JUN 9 2006
Name: Michael Brown
Phone: 360-400-2337
Address: 15711 92 "" way se
Date: June 09 06 Time: 12:15PM
Situation Description: Retaining wall built on the west side of my property
without building permit at 15707 92"" way se \'elm N'a. 98597 and the wall is not
built to established codes for retaining walls. This wall undermines the integrity of
my property and has made my fence fall down once already. When the house was
built a brume was installed and approved by the city building department for the
construction of the house to keep the integrity of my property intact. 'The property
owner has curt the brume in half and installed landscaping stones without the use of
any concrete or rebar as required by code. 1 would like the brume reinstalled as
before or the retaining wall removed and rebuilt to code with concrete and rehar.
This property also has a large box built against my west side fence that is causing
my fence to rot. This box needs to meet set the back requirements for any structure
built in the city of Yelm. This box needs to be removed and the brume reestablished
as as per the building permit when the house was approved by the city. This
property uvner as also altered the Bow of the storm water runoff as approved by
the city by filling in the bios wale. If this storm water runoff alteration was
approved 1 would like a copy of the environmental impact study done that shows a
negative impact.
Regards:
Michael Brown
From: Michael & Donna Brown Date: 9 .tune 06
1571192 n0 way se
Yelm W a. 98597
To: City OfYelm Code Enforcement (Larry Hanson) Received
Subject: Citizen Action Request JUN 9 2006
Name: Michael Brown
Phone: 360 400 -2337
Address: 15711 92" way se
Date: June 09 06 Time: 12:15PM
Situation Description: Retaining wall built on the west side of my property
without building permit at 15707 921° way se Yelm Ws. 98597 and the wan is not
built to established codes for retaining walls. This wall undermines the integrity of
my property and has made my fence fail down once already. When the house was
built a brume was installed and approved by the city building department for the
construction of the house to keep the integrity of my property intact. The property
owner has cut the brume in half and installed landscaping stones without the use of
any concrete or rebar as required by code. 1 would like the brume reinstalled as
before or the retaining wall removed and rebuilt to code with concrete and rebar.
This property also has a large box built against my west side fence that is causing
my fence to rot. This box needs to meet set the back requirements for any structure
built in the city of Yelm. This box needs to be removed and the brume reestablished
as as per the building permit when the house was approved by the city. This
property owner as also altered the Bow of the storm water runoff as approved by
the city by Piling in the bios wale. If this storm water runoff alteration was
approved I would like a copy of the environmental impact study done that shows a
negative impact.
Regards:
Michael Brown
N CITY OF YELM
PO Box 479
Yelm WA 98597
(360) 458 -3244
JUN - 9 2006
OFFICIAL USE ONLY
Date ReCeWed
By
NOTE: Information provided on this request forth Is subject to public disclosure,
and Is available to Individuals upon request. If you wish to remain anonymous,
the City of Yelm reserves the right to not follow -up on the request.
NAME:
=[el`t`
Home Business
MAILING ADDRESS (If different then
DATE:
SITUATION DESCRIPTION:
CITY OF YELM POLICY NO. 91 -01
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CITY I OF YELM OFFICIAL USE ONLY
,\ PO BOX 479 Byte Recebed
�. Yelm WA 98597
(360) 458 -3244
CITIZEN ACTION REQUEST
NOTE: Information provided on this request form Is subject to public disclosure,
and Is available to Individuals upon request. If you wish to remain anonymous,
the City ofYelm reserves the right to not follow -up on the request.
NAME:
PHONE:
Home Business
ADDRESS:
MAILING ADDRESS (If different then above).
DATE: TIME:
SITUATION DESCRIPTION:
CITY OF YELM POLICY NO. gi -0i
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City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
April 4, 2006
Yelm Municipal Court
This letter shall serve as official notice that Michael Brown 15711 92ntl Way SE. Yelm
Wash. has moved the Residential Storage Sheds from this property and is in
compliance with Yelm Municipal Code.
If you have any questions, or if I can be of further Assistance, please contact me at
(360) 458 -8475.
Sincerely,
lorry Hanson
Code Enforcement Officer
City of Yelm
(360) 45 &3835
(360) 45 &3144 FAX
wwwxi.y [m.wa.us
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he accused defendant BROWN of violating.
1.4 On September 19, 2005 Mr. BROWN was cited with violating Yelm
Municipal Code 17.15.050. Officer B. DeVore stated this was the first time he had
ever issued a violation of this kind and had been specifically instructed to do so by
the city engineer and Code Enforcement Officer.
II. LAW
2.1 Mr. BROWN was cited with a violation of setbacks for "accessory
buildings" contained in Yelm Municipal Code Sec. 17.15.050, which states in relevant
part:
17.15.050 Density and lot development guidelines.
The size and shape of lots shall be as follows, provided they adhere to
density requirements:
C. Minimum side yards:
1. Minimum on one side: five feet
2. Minimum total both sides: 12 feet
I. Accessory Buildings. All Accessory buildings must comply with the
current building setbacks as stated in this chapter provided, however,
if the accessory building is less than 120 square feet, the following
setbacks are permitted:
1. Front Yard: 25 feet
2. Side Yard:
a. One Side: five feet
b. Total both sides: 12 feet
3. Rear Yard: five feet.
111. ISSUES & ARGUMENTS
Mr. BROWN's portable covering does not qualify as an "accessory building"
or structure contained in the Yelm Municipal Code.
3.1 The city planner has incorrectly interpreted the definition of "accessory
structure" to include the type of portable covering widely used by many citizens in
Yelm and throughout Thurston County. The official definition of "accessory structure"
is not very specific, and in fact it lumps the meaning of accessory building in with
approved uses for such a structure.
DEFENDANT'S MEMORANDUM - 2 TAYLOR & BERG
5510 CAPITOL BLVD. SE
TLINNVATER. WASHINGTON 95501
TELEPHONE 13801705 -9000
FAX 13801 705 -0389
1 17.06.050 Accessory Building OR use:
2 "Accessory building OR use" means a use, building, or structure or
3 portion of a building, devoted to an activity or use subordinate to the
principal use of the premises, but located on the same lot as the
4 principal use. An accessory use may proceed or follow development of
5 a primary use. (Ord. 561 §3, 1995; Ord 555§ 14, 1995).
6 3.2 This open ended definition would classify a small dog house the same as
a huge four car garage under "accessory building "; and is too wide in latitude to
7 justify a criminal trial. A clear examination of the portable nature of the covering
8 shows it should not be classified as an accessory building.
g 3.3 Mr. BROWN's portable covering should not be classified as an accessory
building because it is a very temporary structure which is not even permanently
10 anchored into the foundation. The covering is movable and can be easily dismantled
11 and carried to different locations. The portable covering has a roof and has three open
air sides. Consequently, its use is to provide some cover to a vehicle, etc. Due to its
12 open nature, it is very susceptible to weather and thus inappropriate for long term
storage due to exposure to rain, sun, wind, snow, and other elements. Portable
13 coverings such as this one are not even considered structures by Pierce County.
14 Manufacters of the carports stand ready to testify to the portable nature of the thin
metal frames and that their products have never been classified as "buildings" or
15 "structures ". An ancillary building such as a storage shed securely anchored to the
foundation containing a roof and four solid walls with a door capable of being locked
16 and secured is the proper definition of an "accessory building."
17 3.4 Mr. BROWN's portable covering is not attached to the main house like a
18 garage or carport. The portable covering offers little shelter against the elements and
cannot be secured from unwanted incursions. Classifying it as a structure or a
19 building is a gross elevation of its true character: that of an open sided small covering
20 which is extremely portable.
IV. CONCLUSION
21
4.1 Based on the foregoing facts, law, and rationale Mr. BROWN has not
22 violated YMC 17.15.050.
23 Dated this 161" day of November, 2005
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26 Thomas J. Tayl , WSBA #800 �t
27 Attorneys for Defendant BROWN
DEFENDANT'S MEMORANDUM - 3 TAYLOR & BERG
8510 CAPITOL KVO. SE
TUNIWATER. WASHINGTON 98501
TELEPHONE 138017059000
FAX 13801 7050389
Huntington Green Homeowners Association
November 1, 2005
Mike Brown did not seek permission from the Huntington Green Homeowners
Association prior to putting up a metal canopy for his boat. Sometime later I was talking
to Mike and he informed me that he is planning to move his boat and the canopy to
Brown's Car Care shortly after he adds some more bays to his garage. This letter and a
copy of the Huntington Green Homeowners Association Covenants are being provided to
the City of Yelm per their request.
n
n
Patrick H. Van Cleave
Huntington Green Homeowners Association
President
AMENDED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF HUNTINGTON GREEN
The undersigned. JCH Development, a Washington general partnership
whose only partners are John D. Huddleston and Christa I. Huddleston.
husband and wife, and James Kitchen and Frances Kitchen, husband and wife.
hereinafter Declarant, being the owners of all of the following described real
property in Thurston County, Washington:
Lots 1 through 41, inclusive, and Tract W. of
HUNTINGTON GREEN, Division One, according to the plat
recorded in the office of the Thurston County Auditor in
Volume . a1 of Plats, page ��, under auditor's file
in order to provide for the sound development, the aesthetic quality and the
healthful conditions of the aforesaid real property, and so as to provide for
control of the structures. buildings and improvements to be constructed on the
property, do hereby covenant for their successors, heirs and assigns, and agree
to keep all of the covenants, conditions and restrictions hereinafter set forth
and which are hereby made applicable to the aforedescribed real property, and
which shall be binding upon the owners thereof to the extent provided in such
covenants, and all the property shall be owned, held, used, occupied and
developed in conformance with the covenants, conditions and restrictions set
forth herein. This Amended Declaration amends that Declaration recorded on
June 17. 1994, under Thurston County Auditor's file no. 9406170165.
ARTICLE I
COVENANTS RESPECTING USE
A Laid Use and Building Twes. All of the lots in Huntington Green
shall be used for residential purposes only. No more than one detached single
family dwelling shall be constructed on each lot with the exception of lots 15
and 41, upon which one duplex may be constructed per lot.
R Architectural Control. No building or other permanent structure
shall be erected or altered on any lot until the construction plans,
specifications and the plans showing the location and placement of the building
or structure have been approved by the Architectural Control Committee as to
the quality of workmanship and materials, harmony of external design with
existing structures and as to location with respect to topography and grade
elevation. As a guideline, owners' or purchasers' plans will be reviewed
generally as to the following, which shall not be all inclusive:
1. The minimum square footage of living area for single family homes
will be 1400 square feet for a rambler and 1500 square feet for a two
story home. The minimum square footage of living area for duplexes
shall be 1000 square feet per unit.
'1 a2 'iy: '� 4r37GC4k7 i � _
2. Houses shall have at least a two -car garage, which shall be a
minimum of twenty (20) feet in width.
3. Houses shall have roofs covered with fiberglass twenty-five (25)
year rated shingles or better or concrete tile.
4. The exteriors shall provide for the following:
a All sides of the houses shall be covered with lap
siding. The front and gable ends of the houses may
be covered with lap siding, decorative shingles or
masonry.
b. No T 1 -11 solid sheet product shall be allowed.
c. All siding products must be painted with solid
body latex or oil based paint. No semi transparent or
wood stain shall be used.
d. Exterior paint color must be approved by the
Architectural Control Committee.
5. No more than one (1) accessory building shall be
permitted per lot and not to exceed 168 square feet on lots 1
through 8 and 16 through 41. lots 9 through 14 may be
permitted an accessory building not to exceed 600 square
feet. The exterior and roof must be finished in the same
manner and color as the residence. All such buildings are
subject to prior approval by the Architectural Control
Committee.
6. Front yard landscaping must be completed prior to
occupancy or at the time the construction has been
completed by the builder and the house is available for sale.
Landscaping in the side and back yards must be completed
within 60 days from date of completion and /or occupancy as
above noted.
7. All driveways are to be paved with concrete.
Where the restrictions and covenants herein set forth cannot be
complied with because of land limitations or topographical conditions, the
proper and orderly development of such lots shall conform to the conditions
and terms of these covenants as far as possible. The Architectural Control
Committee is empowered to allow such variations as In its judgment shall
permit the reasonable utilization of such lots consistent with the general
plan and scheme of development herein.
c'''am 2 '35e -
3
C Site Plan Review. The approval of the Architectural Control
Committee shall be required prior to the removal of any trees or substantial ✓
vegetation on the site. Note: The Declarant has gone to great detail to
remove the necessary trees to create an adequate building site for each lot.
It is the intention of the Declarant that all remaining trees be kept in order
to enhance the over all value of the subdivision.
D. Building Location. Buildings and other structures located on each
lot shall conform to and comply with the City of Yelm requirements for
location in each case: provided that no building or structure shall be located
nearer than 25 feet to the front yard line or nearer than 20 feet to the rear
yard line and nearer than 7 feet to either side yard line; provided further
that on a comer lot no building shall be nearer than 15 feet to the side yard
line on a flanking street.
E. Sight Distant at Intersections. No fence, wall, hedge or shrub
planting which obstructs sight Imes at elevations between two (2) feet and
six (6) feet above the roadways shall be placed or permitted to remain on
any comer lot within the triangular area formed by the street property lines
and a line connecting them to points twenty (20) feet from the intersection
of the street lines, or in the case of rounded property comers from the
intersection of the street property lines extended. The same sight line
limitations shall apply on any lot within ten (10) feet from the intersection
of a street property line with the edge of a driveway. No tree shall be
permitted to remain within such distances of such intersections unless the
foliage line is maintained at such height as to prevent obstruction of such
sight line.
F Completion of Structures. All buildings commenced on any lot
shall be completed, including painting and landscaping, not later than eight
months after construction is commenced.
G. Power and Easement. An easement is hereby reserved for and
granted to Puget Sound Power and Light Company. City of Yelm Water and
Sanitary Sewer Department, Yelm Telephone Company. Viacom Cable
Television Company. or successors thereto, and Washington Natural Gas
Company and their respective successors and assigns. under and upon that
portion or portions of each lot as specified in the "as Built" design drawings
Declarant submits to the City of Yelm at the completion of the construction
of the development. in which to install, lay. construct. renew. operate. and
maintain pipes, conduits. cables. and wires with necessary facilities and
other equipment for the purpose of serving the subdivision and the lots
therein and other property adjacent thereto with water, sewer, electric,
telephone, television. and gas service. together with the right to enter upon
the lots at all times for the purposes stated.
NO: 940624019Z
H. Utility Services. All permanent utility services and connections
thereto within the subdivision shall be provided by underground services
exclusively. No satellite dishes. ham radio antennas. television antennas.
other antennas, or receiving devices of any type shall be permitted on the
exterior or any buildings on any lot within the subdivision.
I. Noxious and Offensive Activities. No noxious or undesirable thing
or undesirable use or activity in the subdivision whatsoever shall be
permitted or maintained upon the building sites in Huntington Green. No
type of business or commercial activity shall be conducted on any lot or
within any dwelling or structure that is visible to the public view. No forms
of advertising shall be allowed that are visible to the public view, the term
public to include all members of the public, passersby, and all residents of
all the lots within Huntington Green, and view to include any view from any
location outside of the lot in question. The Architectural Control Committee
shall determine what trade, business, or use is undesirable or noxious and
whether any business or use shall be permitted, and such determination by
the Architectural Control Committee shall be final.
J. Vehicle Maintenance. No vehicle maintenance except emergency
service shall be conducted within public view.
/✓G TS: TO l3C OCCNPiEO
K Tempo� Structures. No mobile homes shall be permitted on
any lot in the subdivision. No structures of a temporary character, including
but not limited to trailers, basement houses, tents, garages. barns, motor
homes, sheds, or outbuildings, shall be used on any lot at any time as a
residence, either temporarily or permanently. When referring to trailers,
the term trailer shall include all forms of trailers or mobile homes of any
size, whether capable of supplying their own motive power or not, without
regard to whether the primary purpose of such trailer is or is not the
conveyance of persons or objects, and specifically including all automobiles.
buses, trucks. cars, vans, trailers, mobile homes, and motor homes, even
though they may at any time be immobilized In any way, and the restriction
shall apply to any period of any time of whatever duration. Living shall be
restricted to a house or dwelling constructed on the property in
conformance with these covenants.
I t
L Boats. Campers, and Travel Trailers. Boats, campers, and travel
trailer may be stored on a lot in conjunction with a permanent residence,
but only if such items are screened from public view and the view of all
neighbors from all points on the lot line of the lot in question and from all
other lots and all streets within the subdivision. All such storage and the
screening shall be approved by the Architectural Control Committee whose
approval shall be final. Any trailers or motor homes parked in conjunction
with any lot or parked on the street by any person shall be parked
temporarily within the subdivision no longer than 24 hours unless properly
screened in accordance with this paragraph.
rage; 28-=
M. Garbage and Refuse Disposal. No garbage, refuse, rubbish, or
cuttings shall be deposited on or left on the lot premises unless placed in an
attractive container suitably located and screened from public view, All
garbage cans. refuse containers, and trash cans or receptacles shall be kept
out of sight except on the days prescribed for pick up. No building material
of any kind shall be placed or stored upon any property in the subdivision
until the owner is ready to commence construction, and then such materials
shall be placed within the property lines of the building site upon which
structures are to be erected or are being erected and shall not be placed in
the street. No outdoor incinerators shall be permitted.
N. Livestock. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot, except dogs, cats and other household pets
may be kept provided they are not kept, bred or maintained for any
commercial purpose. Household pets shall not become pests or create a
nuisance to the neighborhood by either running loose or unwarranted
barking or yowling. Outdoor household pets shall be restrained by fence to
owner's premises or on a leash when off owner's premises when still in the
subdivision. Owners of pets shall be mindful of maintaining a healthy
environment in the subdivision and keep their property and that of their
neighbors clean of pet feces.
O. Fences and Wall s. No fence or wall shall be constructed on any lot
unless approved by the Architectural Control Committee. There will be no
front yard fences permitted. Walls such as retaining walls made of brick.
rock. or other natural materials up to three feet in height may be permitted
as part of a landscaping plan or development. AD side and back yard fences
shall be of cedar, redwood, or brick materials. No steel or chain link fences
are permitted. No fence or wall shall be erected. placed, or altered on any
lot nearer to any street than the minimum setback for fences as required by
the City of Yelm. An easement is hereby reserved for and granted to
declarant and declarant's agents and employees and to Huntington Green
Community Association and its successors, agents and employees over and
on the exterior ten (10) feet of the lots on the exterior of the development
for the construction, erection and maintenance of a fence, wall. posts and
plantings to be constructed by declarant on the exterior of the development,
should declarant so elect. This easement includes the right to enter on the
lots at reasonable times for such construction and maintenance of said fence.
P. Discharge of Weapons. The discharge of weapons within the
subdivision shall be prohibited. Weapons shall include, but not limited to
firearms, b.b. guns and pistols, air rifles. air pistols, pellet guns, slingshots,
bows and arrows.
Q. Driveway and Parking. Each lot shall have a driveway and parking
area so as to accommodate a minimum of four cars In front of the garage.
Driveways shall be of concrete or brick to the city street. No roads for
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ingress or egress except for driveways to the city street shall be permitted.
All approved accesses over the drainage swell shall be constructed of 12
inch concrete culverts to a minimum of 21 feet in length and shall not
restrict the flow of water in the drainage swells. The depth of the drainage
swells shall not be alter or disturbed. Circular driveways as shown on the site
plan may be approved by the Architectural Control committee and may be
permitted. Parking or storage of the below listed vehicles are prohibited on
a residential lot or street:
'1. Trucks over three - quarter ton capacity.
+2. Trailers used in course of business.
3. Wrecked vehicles.
4. Industrial vehicles and equipment.
S. Drilling and Mining. No drilling or mining in any form whatsoever
shall be permitted on any lot. This shall include but not be limited to
drilling. development operations. refining. quarrying. or mining. and the
construction of any form of derrick or structure designed for boring or
mining purposes.
ARTICLE 11
ARCHITECTURAL CONTROL COMMITTEE
AND COMMUNITY ASSOCIATION
A Membership. the Architectural Control Committee initially shall
be composed of John D. Huddleston, P. O. Box 1206, Yelm, Washington
98597, James Kitchen, 14902 Vail Cut Off Road SE, Rainier, Washington
98576 and Judith Fuller, 1048 Lincoln Avenue E, Tenino, Washington
98589. Any of the members of said committee may designate a
representative to act for the particular member with approval of the other
members. In the event of death or resignation of any member of the
Committee, the remaining members shall have full authority to designate a
successor. Neither the members of the Committee nor its designated
representative shall be entitled to any compensation for services performed
pursuant to this covenant. A vacancy in the Committee shall not invalidate
any of its actions or prevent the remaining members or member from acting
on any of the subjects within its purview. The initial Committee shall act
until 5 years from the date of the declaration of these covenants. or until
after the sale of 100% of the lots in Huntington Green, whichever is later,
unless the initial members of the Committee declare their control of the
committee to have ended. After the sale of 100% of the lots in Huntington
Green, or after the expiration of 5 years from the date of declaration of these
covenants, whichever is latest, the then record owners of a majority of the
lots shall have the power, through a duly recorded instrument, to change the
membership of the Committee, acting either as lot owners or through the
community association referred to in Article 11 C, duly formed in
conjunction with the development.
B. Procedure. The Committee's approval or disapproval as required
in these covenants shall be in writing and shall only be effective if in writing.
In exercising the discretionary powers granted to the Committee, the
Committee shall at all times exercise its power in a reasonable manner, and
the Committee is hereby empowered to adopt such reasonable rules or
regulations as it may find to be necessary with respect to the enforcement of
these covenants. In the event the Committee or its designated
representative fails to approve or disapprove any plans or specifications
submitted to it within 30 days after the submission thereof or, in any event,
if no suit to enjoin the construction has been commenced prior to the
completion of such construction, approval will not be required and
compliance with the related covenants shall be deemed to exist so long as
construction is completed in accordance with the plans or materials
submitted to the Architectural Control Committee in connection with the
construction or proposal for construction.
C. Huntington Green Community Association. All owners of lots in
Huntington Green are and will be members automatically of the Huntington
Green Community Association to be formed in conjunction with the
v0:. 229Z "age: -
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development, so that the owners of lots in Huntington Green shall be
members of the Association. Each lot shall be entitled to one vote. Each lot
shall be subject to the charges and assessments provided for and established
by the Huntington Green Community Association, a Non -Profit Washington
Association, in accordance with Its articles and bylaws, provided no unsold
lots belonging to the declarant, undersigned herein, shall be subject to any
such charge or assessment unless the declarant lives on the lot, in which
case that lot shall be subject to the assessment. The Association shall be
responsible for maintaining the common areas and the structure and
exterior of the fence, wall, posts, and planting on the exterior edge of the
development of the subdivision. Individual lot owners shall maintain the
interior of such fence where it is applicable. Subject to the provisions of
Article II A and B herein, the community association shall have the power to
appoint the members of the Architectural Control Committee. The
Association shall have a lien against any lot in the subdivision, except unsold
lots belonging to the declarant, for any charges and assessments that are not
paid when due. Any unpaid charges or assessments shall bear interest at
12% per annum. if such charges or assessments shall not have been paid
within 4 months after they have become due and payable, then, in addition
to the remedies set forth in the Articles of Incorporation and Bylaws. the
Association may proceed by appropriate action to foreclose the lien in the
manner of foreclosing materialmen and labor liens or homeowner
association liens under the law of the State of Washington. The lien for such
unpaid assessments shall attach as of the date the assessment becomes due.
In such foreclosure action, the Association shall be entitled to recover the
cost of any title search, court costs, and all attorney's fees associated with
recovering such unpaid charges and assessments. Any first mortgage liens
placed upon any of the lots which are recorded in accordance with the laws
of the State of Washington shall be from the date of recording of such
mortgage, superior to any such assessments and the liens provided for
herein that may be levied by the Association subsequent to the date that the
mortgage is recorded.
ARTICLE III
MODIFICATION OF COVENANTS
These covenants may be modified by an instrument in writing signed
by the owners of 75% or more of the lots included in Huntington Green,
which instrument shall be recorded to be effective.
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ARTICLE IV
TERM, ENFORCEMENT, AND CONSTRUCTION
These covenants, conditions, and restrictions shall run with the land
and shall be binding upon all parties and persons owning lots or an interest
therein as stated above and all persons and parties claiming under these
covenants, conditions, and restrictions for a period of 20 years from the
date these covenants are recorded, after which these covenants shall be
extended automatically for successive periods of 10 years each in perpetuity
unless an instrument signed by the owners of 75% or more of the lots has
been recorded altering such covenants in whole or in part.
ARTICLE V
ENFORCEMENT
Enforcement of these covenants, conditions, and restrictions may be
by proceeding at law or in equity against any person or persons violating or
attempting to violate such covenants, conditions, and restrictions, and such
actions may be to restrain the violations or to recover damages for each
violation.
ARTICLE VI
SEVERABIL=
Invalidation of any one or more of these covenants by Judgment or
court order shall In no way affect or alter any of the other provisions which
shall remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands thisr a
day of Svrre . 1994.
JCH DEVELOPMENT, a Washington general partnership
By
Christa I. Huddleston, Partner
15 es tchen, Partner
runes Fdtcherf, Partner
,�e tiG7 _ ?4l_1b '401_:
10
STATE OF WASHINGTON )
i ss.
COUNTY OF THURSTON )
On this aSED day of —JLJuf— 1994, before me
personally appeared John D. Huddleston, Christa 1. Huddleston, James
Kitchen and Frances Kitchen, of the partnership that executed the within
and foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said partnership, for the uses and
purposes therein mentioned. and on oath stated that they are the only four
partners of said partnership, and that they were authorized to execute said
instrument.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my
Official Seal the day and year first above written.
No blic in and for the State
of Washington, residing Tenino
My commission expires 5/29/94
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