‘Abutting lot’ requirement illegal under state law

Imagine if your neighbor didn’t bother to sort their recycling from their compost but you got charged a fine – even though you followed the rules.

That wouldn’t be fair, but that’s similar to what the City Council did last year when it passed legislation that created a strange new requirement that certain new housing developments must go through the City’s onerous design review process because of development happening on land next door; the two projects would exceed the 8 unit threshold requiring full design review. New and much needed housing will face unjustified delays and costs or not get built at all.

One housing project is in exactly this spot with the new requirement, meaning another year in a costly design review process to build the 4 town homes in Delridge or building just two homes to stay out of design review. Instead, the builder is taking on City Hall and filing a legal challenge to the new requirement.

The Complaint, filed yesterday in King County Superior Court, argues that the City’s process is unlawful because it imposes the lengthy and expensive design review process on one person’s lot because of what is happening on another person’s lot. This violates RCW 82.02.020 because the regulatory burden is not “reasonably necessary as a direct result of the proposed development.”

The complaint also asserts that the City’s new rule is “a taking of property without compensation in violation of Article I, section 16 of the Washington State Constitution and the doctrine of unconstitutional conditions;” and that the rule violates due process because it does not achieve a legitimate public purpose.

Instead of 4 town homes priced at around $500,000 there could end up being two larger ones that will cost double that or about $1,000,000. That certainly doesn’t help the affordability problem the City claims it is trying to solve.

The new rule is unfair, illegal, and increases housing prices by reducing density and supply and adding more costs. The City Council can and should solve the problem by repealing the code as soon as possible. Councilmember Bruce Harrell offered an amendment last year to remove this recommendation from legislation but the Council voted that amendment down 7 to 2. Smart Growth Seattle has requested Councilmember Rob Johnson propose and work to pass a repeal of this rule.