Slog

News & Arts

The Stranger Suggests

Critics' Best Bets
Music Arts & Food


Line Out

Music & the City
at Night

Friday, May 7, 2010

Parks Department Downplays Volunteer Park Land Use Fight

Posted by on Fri, May 7, 2010 at 4:45 PM

After speaking with me on the issue of homeowners using Volunteer Park as their private back yards on Wednesday, Donald Harris, spokesman for Seattle Parks and Recreation, told Capitol Hill Seattle blog that I'd misinterpreted the situation: "It's not a legal situation at this time. These families got a lawyer, I think, to represent their needs, not to battle," Harris said.

Harris depicts the encroachments as a non-issue (or non-battle) that is practically resolved. In his mind, maybe it is. But emails retained through a public records request with the city show that the Althouses and their lawyer have routinely contacted City Council Member Sally Bagshaw—council chair of the Parks and Seattle Center committee—to intervene on their behalf, saying the situation with the parks department may be "irreconcilable."

To recap: In January, the parks department informed 13 families that their backyards encroached onto over 11,000 square feet of park land (assessed value over $1.3 million in value). All but one family—the Althouses—have relinquished (or are relinquishing) parks land. The Althouses continue to use 1,941 square feet of public space as their backyard.

Between January and April of this year, the Althouses and their lawyer, Glenn Amster, have contacted Bagshaw's office at least eight times to demand that Bagshaw intervene with the parks department on their behalf. A 1995 addition to the Althouse's home puts the back wall of their house 0.2 feet from where their property ends and Volunteer Park begins (not 20 feet away, as they previously thought). Meanwhile, Seattle land use code dictates that certain portions of single-family lots be reserved for front and back yard space. For backyards, the requirement is "25 feet, or 20 percent of lot depth (minimum of 10 feet) whichever is less," according to the Department of Planning Development. This seems to indicate that in order to fully comply with the parks request and DPD zoning regulations, the Althouses would need to tear down their 15-year-old addition.

Which is why they've lawyered up and petitioned Bagshaw for help: "I'm afraid meeting with [parks staff] only reinforced my sense that the Council will have to get involved if we are to come to some sort of rational conclusion here," writes Amster in one email.

More exchanges after the jump.

On January 20, Amster writes in another email to Bagshaw: "...I think it would be useful to talk amongst ourselves about potential solutions before the situation becomes irreconcilable."

After a March 11 response from Bagshaw's office, in which Bagshaw requests the Althouses work with parks staff on the issue, Amster responds, "I'm afraid our clients may not be satisfied with this approach and had hoped to have a discussion that included a grain of equity and common sense."

And on March 12, Althouse writes to Bagshaw: "I was disappointed to hear... you requested we should work with Parks and Recreation staff 'to work out an amenable solution with the City.' We have already done this... they said many times they 'were just doing their job' and had no authority to do anything apart from enforce us moving our 'encroachments' within 30 days."

I'm not sure what solution the family and their lawyer think is equitable—they've declined to comment—but these emails seem to indicate they are unwilling to relinquish the public land they currently use as their private back yard, as each of their neighbors did. Harris says that most of the time, when the parks department notifies residents of encroachments, "they're horrified. They had no idea and they're very willing to comply." By contrast, the Althouses got ready for battle. They lawyered up.

 

Comments (22) RSS

Oldest First Unregistered On Registered On Add a comment
1
My guess is that most of the time, people haven't already built an extension to their house on public land, so they just give up some of their (mistaken) yard space.

In this case, it appears that either the City gives the Althouses the park land upon which they've already built upon, or the Althouses tear down their extension and give the land back to the City, or the Althouses buy the land from the City.

I'm also guessing that Althouses consider *anything* other than option 1 to be an "irrational conclusion" to the situation.
Posted by tiktok on May 7, 2010 at 4:51 PM
2
Sorry folks, sue your developer/surveyor/whoever, but you don't get to keep park land. Period.

Posted by Mr. X on May 7, 2010 at 5:00 PM
3
Now how do we get the Nickelsville bums off public land next time they try to steal some?
Posted by Davy Jones on May 7, 2010 at 5:23 PM
4
If they built their addition with permits then the city could very well be on the hook for this because the city signed off on it as being in compliance with the zoning regulations.

If they didn't get a permit for the addition then they are shit out of luck.
Posted by Katy http://www.whateverkaty.blogspot.com on May 7, 2010 at 5:30 PM
5
@3,

When they start building permanent structures we can talk.

Douche.
Posted by Mr. X on May 7, 2010 at 5:58 PM
6
"When they start building permanent structures we can talk. "

Oh, so if these folks just put temporary structures, like a fence on public land, you'd be ok with it?

Posted by Davy Jones on May 7, 2010 at 6:00 PM
7
They could recieve a variance to allow the addition to stay.

They didn't built on public land, they just don't have the appropriate setbacks. And if they get ruled against, they would just lose their backyard. That's not terribly tragic.
Posted by PleaseFactCheck on May 7, 2010 at 6:04 PM
8
It would be ironic if Althouse was a demi-anglicized shortened version of Ungesetzmassigalthaus.
Posted by kinaidos on May 7, 2010 at 6:26 PM
9
so our parks are for sale to douchnozzle doctors who feel like their entitled?

funny, i think nickelsville needs to move there.
Posted by mikeG on May 7, 2010 at 6:29 PM
10
I cannot fathom how an otherwise-intelligent family, knowing their house abuts a City park, could build such an extension without first surveying their property lines!

How could they know their back yard is large enough under code without knowing where their rear property line is.

"But the City granted us a building permit" doesn't wash, when the permit application is based on a lie.
Posted by Citizen R on May 7, 2010 at 6:45 PM
razorclammer 11
yeah, @10, but the permit means their house stays, especially since it (barely) is on their property. Cienna's research into DPD was her own fun-dance, the city hasn't (and won't) asked them to tear down their house. Considering the setback would be against a huge park, I can't imagine why the city would give a shit about how many feet their house is from the edge of the property.
Posted by razorclammer on May 7, 2010 at 7:10 PM
Banna 12
My three options (not that anyone cares) in order of how douchy the Althouses act during the process:

Offer to sell them 20 feet of park land at 1995 valuation and assess them for 15 years of back taxes.

Allow them an easement for the setback on the back yard, and take the park land, putting up an eight foot fence topped with razor wire on the property line.

Eminent domain their entire fucking lot, and force the family out.
Posted by Banna http://www.ucp.org on May 7, 2010 at 7:19 PM
13
Cienna, honey, you misinterpret just about everything. Here's your problem, sweetie: you post stuff on Slog with no research, no facts, no background. Just your ill-informed opinion. As a "reporter", honey, you'd be much better served actually doing some research before posting your stick-it-to-the-man trifle that you so often barf up into the blogosphere.
Posted by Try again. Maybe you'll get it right someday. on May 7, 2010 at 8:00 PM
Supreme Ruler Of The Universe 14

How about all the back rent they owe for the years they used that land illegally. It must be more than just $1.3 million dollars. Seattle should extract every cent.
Posted by Supreme Ruler Of The Universe http://yrihf.com on May 8, 2010 at 12:08 AM
Will in Seattle 15
Hey, maybe we could use that $1.3 million in back rent to pay for ... bike paths.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on May 8, 2010 at 2:30 AM
Y.F. Redux 16
It's only 0.2 feet over the property line. Make 'em cough up the cash to buy that strip of land or the lose the edition.
Posted by Y.F. Redux on May 8, 2010 at 6:27 AM
17
The problem with grandfathering in a pre-existing non-conforming set back is when do you draw the line. The permitting system is based not on sending out surveyors every time somebody builds something no matter how small but on having experts to check prior surveys and submit accurate drawings to the city. This system breaks down when people get to just say oopsie and wind up with favorable variance with no adequate review process.
Posted by wl on May 8, 2010 at 7:30 AM
18
I think it's fair for them to keep their fence if they think it's fair for everyone to play in their backyard. Didn't I hear something about a hot tub and zip line?
Posted by William D. Brattain on May 8, 2010 at 9:28 AM
Greg 19
Not much sympathy for the family. Adverse possession is the property acquisition method of assholes and thieves.
Posted by Greg on May 8, 2010 at 11:00 PM
Joe Szilagyi 20
Adverse possession in WA:

http://wiki.answers.com/Q/What_is_the_la…

With legal citations.

1. Exclusive. Only you, or people authorized by you, can have possession of the land in question for the required period of possession (which is 10 years). Courts have ruled that the possession does not have to be absolutely exclusive, so you will want to discuss your particular situation with an attorney (see below).

2. Actual and uninterrupted. That means that you actually have possession and control over the land in question, and that possession is not interrupted by an adversary.

3. Open and notorious. An adversary must be aware that his land is being taken. But you don't have to write the landowner, or anything like that. Your possession must be in a manner that is overt, not covert.

4. Hostile. That means that you treat the land in question as your own, and defend it against the world. Adverse possession is not created when you have the permission of the landowner to use his land (so a long-term tenant cannot claim adverse possession).

(Chaplin v. Sanders , 100 Wn.2d 853 , 857, 676 P.2d 431 (1984))

You must meet all four of these elements to qualify for adverse possession. You have the burden of proving you met each element. You must have met these elements for a minimum of 10 years.

Lets see if this family can meet all four qualifications and prove it in writing with evidence. If not, and I'm not a lawyer, but I'm guessing they'll need to either pony up a lot of money to the city or prepare for some construction work to be done on 'their' land.
Posted by Joe Szilagyi http://www.joeszilagyi.com on May 9, 2010 at 12:18 AM
Posted by Joe Szilagyi http://www.joeszilagyi.com on May 9, 2010 at 12:19 AM
Greg 22
@21: It looks like, according to section 90, that adverse possession doesn't apply to public lands. So it may not matter how long the families have been using that property as their own.
Posted by Greg on May 9, 2010 at 3:13 PM

Add a comment

Advertisement
 

All contents © Index Newspapers, LLC
1535 11th Ave (Third Floor), Seattle, WA 98122
Contact Info | Privacy Policy | Terms of Use | Takedown Policy