Want to keep a backyard or side yard home from being built in YOUR Seattle neighborhood? Start here.
Get to know the developers and their tactics
Learn more about the developers, architects and contractors behind these backyard/side yard projects:
- See the news coverage of this issue
- Read this Seattle PI article
- Read this Publicola article
- See this lobbying website
- Read this Seattle Times article
- Read this Seattle Weekly article
- Read this Fremocentrist article
- Read this Seattle Times article
- Visit the Soleil Development website
- Visit the Granger Family Homes website
Don’t allow the developer to move any fences
Over time, fences between neighbors usually end up veering off the true property line – especially on older properties, where the fences have been rebuilt multiple times. Often, the developer will need to get a neighbor to agree to move the fence back to the historical property line before they can get approval to build a backyard/side yard house. If the neighbors refuse to move their fences, it can stop the project dead in its tracks. This is one of your best defenses to a backyard/side yard house project.
- Learn about “adverse possession” and fences
- Learn about recent changes to the adverse possession law
- Read a detailed report about adverse posession
Learn the basics about the parcel in question
Use the following tools to learn more about the parcel in question:
- Visit the King County Department of Assessments website to learn the parcel number for the property, to see a modern day parcel map (using the “Map This Property” button) and more
- Visit the DPD Seattle Parcel Data website to learn more about the parcel
- See more research resources
Learn the status of any building permits for the property
You typically only have 21 days from the time a building permit is issued to protest the project via a LUPA appeal. To learn the status of the building permit (and any other permits related to the project):
- Search by permit number or property address
- Another resource for searching by permit number or property address
Check the deed for restrictive covenants
In 2009, a group of neighbors in Mt. Baker succeeded in stopping a side yard home once they discovered that the original deeds for each property in the neighborhood included a covenant that stated only one home could be built on each lot. The developer had already purchased a lot and begun planning to divide it. Instead, the neighbors sued, arguing, “one house on one lot means no houses on half lots.” Today, that half lot is a community garden, not a backyard house.
- Read a first-hand account what these neighbors did
- Research a deed via the King County Recorder’s office online search tool
- Learn more about deed restrictions
- See the paperwork from a related lawsuit in Hunts Point
Contact Andy and Bill at the DPD
There are two land use planners at the Department of Planning and Development who handle almost all of the backyard/side yard project applications. These two review the basic proposals submitted by the developers, consult with those developers about their proposals, then rule on whether those proposals are legal or not. These two key decision-makers are Andy McKim (DPD Supervisor, Land Use Planner) and Bill Mills (DPD Senior Land Use Planner).
- Andy McKim’s email: Andy.McKim@seattle.gov
- Bill Mill’s email: firstname.lastname@example.org
- Ask about the status of any boundary lot adjustment request (i.e. when is the decision expected to be delivered)
- If the lot adjustment has already been approved, request a copy of the “opinion letter” (see a sample)
- Ask about the status of any associated building permit (or if it’s already been approved, ask for the building permit number)
Ask the DPD for more information
Use the Department of Planning and Development Q&A Service to gather more information about the project.
Get the developer’s plans for the property
The developer’s plans for the property will show not only the new structure to be built, but also the placement and format of the historical tax parcel (and how it may have been reformatted for this project). To get a copy of the plans, visit the Department of Planning and Development Public Resource Center in downtown Seattle.
NOTE: If the project is not being constructed per the approved set plans, you can file a complaint asking the inspector to request the developer submit a “post permit revision” application, which allows any revisions or changes to be reviewed for compliance.
Become familiar with the Seattle land use code
The rules regarding setbacks, structure heights, short plats and more are all covered in Title 23 (the Land Use Code) of the Seattle Municipal Code.
Hire a lawyer/attorney
Included below is the contact information for lawyers/attorneys who have successfully represented homeowners in cases involving backyard/side yard houses:
- David Mann of Gendler & Mann, LLP
- Cynthia Kennedy of Kennedy Legal Solutions
- Patrick Schneider of Foster Pepper PLLC
Hire a consultant
It can be very difficult to determine on your own whether a backyard/side yard home is legal and code-compliant. Fortunately, there are a number of local experts who can quickly root out any infractions:
- Rena Klein of RM Klein Consulting
File a complaint with the DPD
File a LUPA appeal
In the state of Washington, if you want to appeal a backyard/side yard project, you must do so within 21 days “of the issuance of the land use decision” (which usually means the issuance of a building permit, but can be interpreted otherwise), and you must do so via a process known as a Land Use Petition Act (LUPA) appeal. This requires a land use lawyer.
- For all the details, see Chapter 36.70C of the Revised Code of Washington
- For a developer’s perspective on LUPA appeals, see this article
See how others have sued via a LUPA appeal
Often, the paperwork from past lawsuits can serve as a roadmap for future legal action:
- See this recent lawsuit filed by a West Seattle neighborhood
- See this recent lawsuit filed by a Queen Anne couple
Review the Department of Planning and Development’s rules
Learn the rules regarding the protection of “exceptional” trees on the property, construction noise and more on the DPD Codes website.
Report any construction infractions
Once the project gets underway, you can report any construction infractions directly to the Department of Planning and Development at this website. If the infraction is serious, these can result in “stop-work orders.”
- How the DPD responds to these complaints
Report other infractions
If the construction is too noisy, the workers litter, or their equipment blocks streets or sidewalks, you can report those infractions to these city departments.
Buy the property from the developer
Buying the property from the developer (most certainly at an inflated price) may sound ludicrous. But if you talk to the people who have had a backyard/side yard house built next to them, they usually say they wished they’d pooled their money with other neighbors and bought the lot after they learned what the developer was doing.
Estimate your lost value
The impact one of these projects can have on the value of your home can be significant. For tips on estimating that cost, see these resources:
- Wall St. Journal article about estimating the value of a view.
- MSN Money article about estimating the impact of negative home features.
- Smart Money article about the limitations of using online value-finder tools for estimates.
Establish an online presence
Developers are not required to provide the community with any notification before building a backyard/ side yard house. And they like it that way. That means it’s up to you to bring the project to the attention of neighbors, the media and city officials. A good way to do that is with an online presence. See three different approaches other neighborhoods have used:
- The Wallingford neighborhood used a neighborhood blog
- The Montlake neighborhood used a Facebook page
- The Fremont neighborhood built a WordPress website
Once you have an online presence, you need to let neighbors know about it. Delivering flyers door-to-door is easy, efficient and low-cost.
Print yard signs
Yard signs are great for letting the neighbors (and the developer, and the media, and others) know that the community is united in the fight against your neighborhood’s backyard/side yard house. Just be sure to ask permission before placing a sign in anyone’s yard.
- To produce the signs, use this local yard sign printer (Boruck Printing & Silkscreen)
- See the rules regarding yard signs
Gather email addresses
Keeping the neighbors informed as things progress is important. And email is a very efficient way to do so. However, recipients will probably become disillusioned if you send them messages more often than once a week.
Take photos and video
Whether you’re planning legal action, or documenting the impact, photos and video are very important (and usually something people regret not doing more).
Find the backyard/side yard tax parcels in your neighborhood
It takes real effort to find backyard/side yard tax parcels, because they aren’t included on modern day survey maps. The developers ask real estate agents to keep an eye out, and scout around for potential sites on their own, then hire professional researchers to dig through the historical archives. However, if you are able to find these parcels in your neighborhood before the developer, you can take preemptive steps to keep any backyard/side yard houses from being built:
- The Puget Sound Regional Branch of the Washington State Archives is the primary holding place for most of Seattle’s historical land documents.
- The city’s old side-sewer maps sometimes show the extra tax parcels on a lot (find your parcel, then click on the “recommended side sewer card(s).”
- The Bothell-based company New Home Trends is planning to soon unveil a software tool that will allow anyone (but primarily developers) to find historical lots that qualify for building permits.
- For more tips, see this document and this FAQ page from the King County GIS Center.
Other actions you can take
You’ve got to make an extra effort and get involved if you want to stop developers from building more backyard/side yard houses.
- Distribute this website to others (most Seattleites don’t even know this issue exists – until a backyard/side yard house pops up next-door).
- To add your neighborhood’s backyard/side yard house to this site, contact us.
- To be kept informed of new developments, contact us.