View Guidelines Versions
2023 CRC Modified View Guidelines
2024 View Crew Proposed View Guidelines
View Guidelines History
Per written covenants, construction approvals and view-related disputes were originally handled by Building/Architectural Review Committees (BARC), administered by Evergreen Land Developers.
Nearly all covenants required the BARCs to assign a maximum height for each lot before construction was allowed to start. Max heights were enforced (one required a lawsuit).
Once Evergreen completed their development of Somerset, the Building/Architectural Review Committees became defunct. Somerset homeowners were left to fend for themselves leading to multiple disputes between neighbors.
A “First Amendment” to the covenants empowering the CRC to replace the original Building/Architectural Review Committees was approved in approximately two-thirds of Somerset covenants in the 1990s and early 2000s.
To promote consistency and signal what future decisions might be, the CRC (with legal oversight) in 2008 published a working tool called the View Guidelines. Minor updates in 2016
In 2022, the View Line was used to protect territorial views.
Massive changes in 2023 – after the 2022 territorial view protection decision, the CRC removed the View Line from the guidelines and narrowed the definition of View as they approved an application that violated the old View Line.
View Guidelines Evolution
2008-2022: Protect original views with View Line
2008 - First published to provide clarity and consistency
The Spirit of the Guideline: To preserve the views of a residence, the way they were, when the house was Built.
The View that this Guideline is intended to preserve is the View that was observable above the View Line from the Observation Zone at the time the relevant Main Floor Living Space was Built.
2016 - Minor Adjustments
Roof covering
Deck details
Added another line to observation zone
Gave some detail to definition of “city”
2023: Allow obstructions up to the elements
Limited what “VIEW” includes and allowed view obstructions above the View Line (which was deleted)
Deleted “To preserve the views of a residence, the way they were, when the house was Built.”
Removed View Line and all references to it
Adjusted View definition to be only listed elements (2022 decision specifically protected territorial elements which are below the “identified” elements but above the View Line).
View Guidelines Core Issue
Below is an overview of the primary words, the issue (how much is protected), 2022 & 2023 decisions made on each side of the issue, and 2023 CRC guideline revisions designed to lock in limited view protection and what the View Crew recommends to lock in the previous view protection.
WORDING
View Guidelines Wording (2008 – 2022)
Spirit: To preserve the views of a residence, the way they were, when the house was Built.
The View that this Guideline is intended to preserve is the View that was observable above the View Line from the Observation Zone at the time the relevant Main Floor Living Space was Built.
Elements: Lake Washington, Lake Sammamish, Puget Sound, City, Mountain, and Horizon.
ISSUE
What is included in “View” – how much of the total view should be protected?
There have been two interpretations over the years: “Everything above the View Line” and “Only above the bottom of the identified elements”.
In 2023, the CRC reversed a 2022 decision and eliminated the View Line; the View Crew (and over 90% of the people we talk to) want it to stay.
DECISIONS
2022 CRC Opinion (drafted by long standing attorney)
“The View Guideline serves, in part, to simplify the task of determining whether a proposed improvement will unduly impact others by establishing an identifiable line which, if exceeded by a proposed improvement, is deemed to unduly impact others.”
“Effect of the proposed structure to uphill neighbor territorial views” was considered.
2023 CRC Opinion (drafted by new attorney)
“The CRC considered views of rooftops, vegetation, and miscellaneous items between the View Line and View elements to have de minimis value and were not protected.”
REVISIONS
2023 CRC Revisions – Removed View Line entirely; limited view protection to “only identified elements”
“Protected View” includes ONLY the elements in a view listed in the View Guidelines i.e. a lake view includes only the lake, NOT other elements below the lake, e.g. trees.
View Crew Proposed Revisions – Clarify that, for views with identified elements, “above the View line” is protected
“Protected View” includes the elements listed in the View Guidelines AND everything between the element and the View Line i.e. a lake view includes the lake AND the trees.
Essentially everyone we have talked with believe the view line is the point of protection and want it retained.
View Guidelines Revisions
The Spirit of the Guideline: To preserve the views of a residence, the way they were, when the house was Built.
The View that this Guideline is intended to preserve is the View that was observable above the View Line from the Observation Zone at the time the relevant Main Floor Living Space was Built.
Trees – Footnote, if a new homeowner finds that an existing bush in a neighboring lot has been allowed to grow above the View Line, he/she can ask for the restoration of the View.
Living Space –Specifically excludes bedrooms and bathrooms and does not include offices or dens for view protection
View – “Elements that comprise View in this definition are Lake Washington, Lake Sammamish, Puget Sound, City, Mountain, and Horizon.”
View Line – An imaginary line created by following the roof-lines of the homes visible from the Observation Zone in an image that is projected on a two dimensional vertical plane in front of the Observation Zone, e.g. window glass.
Deleted the Spirit (To preserve the views of a residence, the way they were, when the house was Built.) and replaced it with The Purpose of the Guidelines: A working tool used to provide transparency and information to property owners and guidance for application of the Covenants.
Deleted all reference to the View Line
The View that this Guideline is intended to preserve protect is the View that was observable above the View Line from the Observation Zone at the time the relevant Main Floor Living Space was Built.
Trees – Footnote, …an existing bush in a neighboring lot has been allowed to grow above the View Line, he/she can ask for the restoration of the View.
View – Elements that comprise View in this definition are limited to Lake Washington, Lake Sammamish, Puget Sound, City, Mountain, and Horizon.
Keep the Spirit and the View Line
Add Simply Expressed: Predetermined resident maximum heights mandated by a covenant will be honored. A view with a qualifying element is framed and protected by the view line which can only be violated with the written consent of all affected neighbors.
Add required Notification to potential affected neighbors
The View that this Guideline is intended to preserve is the View that was observable above the View Line from the Observation Zone at the time the relevant Main Floor Living Space was Built and contains a Qualifying Element.
Living Space – protect bedroom, bathroom, office, den views
View – What is seen from the observation zone.
Qualifying Elements – that comprise View in this definition are Lake Washington, Lake Sammamish, Puget Sound, City, Mountain, and Horizon.