West Seattle development: City issues notice for ‘egregious’ violation – house going up over what was approved as just a garage

By Tracy Record
West Seattle Blog editor

What’s happening on a lot in the 8400 block of 41st/42nd SW in Upper Fauntleroy isn’t your standard case of one house down, two bigger houses go up, neighbors get upset. Even a city spokesperson calls it “egregious” – a house going up without a permit, on a site first approved just for a larger garage.

We hadn’t heard anything about this site since mentioning it here one year ago, until neighbors contacted us earlier this week.

After the site and its old brick house were sold last year, a lot split was sought. The new owner built a house on the south side, at 8437 41st SW. For the north side, the owner filed an application in October for a permit granted in January to build a “2,258-square-foot, 35-foot-tall detached underground garage,” at 8454 42nd SW.

A neighbor wrote in e-mail, “In January 2015, the construction began. The 35-foot detached garage was striking in this neighborhood of single-family homes. However, once the garage was completed, the building continued first with one level of living space, followed by a second, and then a week ago, on May 27, 2015, yet a third level of living space was added to this structure. Now this structure, permitted as a detached garage, is a four-story, 10,000 square foot monstrosity. Additionally, the property has 42nd Ave on the westside and 41st Ave on the eastside. On both streets, the structure has clearly marked garages.” Atop this story is the 42nd SW side; here’s the 41st side:

Neighbors complained to the city Department of Planning and Development, which confirms it posted a “stop-work order” on Tuesday.

Neighbors say the owner revised his application, changing the plans to what they say would be a “four-story, 5,706-square-foot residence on top of the 2,258-square-foot garage” (with engineering calculations, they say, dated almost a year ago) and that work continued after that – a crane was seen at the site on Wednesday – but DPD wasn’t able to confirm it.

DPD did, however, according to spokesperson Bryan Stevens, issue a “notice of violation” today, telling the owner he must “obtain the appropriate permit for construction of the new home.” He gets “30 days (through July 5) to obtain or make progress toward obtaining that permit before the case is sent the City Attorney’s Office for litigation. The owner will be assessed a special investigation fee for construction without a permit (approximately $2000-$3000, based on value of construction) and if not in compliance by the deadline of the NOV, will also be subject to fines in the amount of $500/day through litigation in court.”

Stevens says DPD enforcement regarding “unpermitted construction” more often includes “decks or unpermitted construction” – seldom “the construction of a completely new home. This one is egregious and a huge risk for the builder if we find he needs to make changes to the structure through the permit process. If he doesn’t make progress toward a permit, then we will forward the case to the Attorney’s Office right after the compliance date has passed for litigation in court.”

Neighbors of the project gathered last night to talk about strategy. One big point they made is that they understand the owner/builder has a right to build on the property. They want to be sure it’s being done according to city rules, especially regarding height, given the tall garage (listed also on the site plan as “shop”) on the one side and residential height on the other. They have put together an e-mail list and are watching to be sure the stop-work order remains complied with; they say the city has told them it will take up to 10 weeks to review.

In addition to filing complaints with DPD, the neighbors also asked City Councilmember Tom Rasmussen for help; he promised to look into it.

63 Replies to "West Seattle development: City issues notice for 'egregious' violation - house going up over what was approved as just a garage"

  • Jason June 5, 2015 (5:17 pm)

    Nice looking garage pal.

  • RT June 5, 2015 (5:23 pm)

    Should go beyond “stop work” order to tear down and major fines. Sad that it got this far along in the process.

  • BeachBoy June 5, 2015 (5:23 pm)

    It’s pretty clear that this guy was trying to game the system, and take the ‘it’s easier to get forgiveness than permission’ route. The city should have him tear it down, ‘coz it’s clearly not a garage. This will send a clear message to other would-be cheats.

  • JeffK June 5, 2015 (5:43 pm)

    I draw homes for a living. This is the epitome of a ‘builder design’ set of plans. For this size home it’s one of the most hinkey set of plans I’ve ever seen in 28 years. Wasted space everywhere and bizarre (novice) design choices throughout.
    .
    If you ever have a builder show you a set of plans that look like this please run away and seek a proper design professional.

  • WSPK June 5, 2015 (6:04 pm)

    “MR GORBACHOV, TEAR DOWN THIS GARAGE.”

  • Gatewood Gurl June 5, 2015 (6:10 pm)

    what the city is allowing is shameful. The builders come into nice established neighborhoods and build oversized file cabinets…. This city is out of control

  • Pat June 5, 2015 (6:22 pm)

    A 2500-square-foot, four-story “underground garage”? How do you fit a four-story garage underground? That “garage,” even as apparently permitted, is bigger than many Seattle houses.
    .
    And it seems like all that’ll happen is a fine (= just a cost of doing business for many of those guys) and this disgusting thing will stay right where it is. TR, could you let us know if it’s ever happened in the past that a builder with a violation as egregious as this actually has been required to tear down the building?

  • Eric June 5, 2015 (6:27 pm)

    Who is the company building it?

  • tim June 5, 2015 (6:40 pm)

    Mother in law!! We know the city won’t make them tear it down. I hope I’m wrong.

  • Tbone June 5, 2015 (7:03 pm)

    I too am curious as to who the builder is…. In addition to who engineered and designed this. I am an architect and do single family residential projects. Calling this egregious is really an understatement.. While DPD is never fun to work with, and over the last few years, they’ve only become much more difficult, this is difficult to imagine attempting, or being associated with in any way. Wow, is all I can say.

  • dsa June 5, 2015 (7:05 pm)

    I’ve only seen the city force removal twice. Both times was because the structure encroached on city property.

  • JefK June 5, 2015 (7:21 pm)

    Mother-in-law/Accessory Dwelling Units are limited to 1,000 square feet.
    .
    Per the set at the ‘changing the plans’ link above the owner is “GT Management LLC” and looking up their listed address it looks like they have already done a similar project at that address in 1989.
    .
    ESTABLISH USE AS A SINGLE FAMILY RESIDENCE CONSTRUCT A SFR W/ATTACHED M-1 GARAGE 07/01/1987
    .
    CONSTRUCT A 30’X 40′ UNDERGROUND GARAGE W/STORAGE ABOVE ACCESSORY TO AN EXISTING SFR PER PLAN 06/29/1989
    .
    There is no architect/designer listed on the plans. The engineer’s name is with his stamp on the structural sheets.

  • Howard M. June 5, 2015 (7:26 pm)

    Um, both pictures are of the same “side.”

  • Denise June 5, 2015 (7:27 pm)

    The city won’t do anything. Shame on these people.

  • Ray West June 5, 2015 (7:28 pm)

    You know they’ll get away with it. This stinks.

  • Mheavey June 5, 2015 (7:30 pm)

    Looks like this is becoming a pattern for this individual:
    http://www.seattleweekly.com/1998-10-21/news/the-city-sleeps-the-bull-dozes/

  • Jayjay June 5, 2015 (7:32 pm)

    You can find out builder and assorted information on specific properties here:

    http://web1.seattle.gov/dpd/permitstatus/

    Another article on this: http://m.kirotv.com/news/news/west-seattle-builder-cited-building-house-instead-/nmXNL/

    • WSB June 5, 2015 (7:41 pm)

      Re: Photos – fixing. (Addendum: The correct 41st-side photo just substituted shows one of the aforementioned smiley-faces.)
      .
      Re: Builder. Yes, the neighbors pointed out the past link. I don’t often cite other media’s work as gospel unless I can verify it (and I wouldn’t expect them to assume ours as gospel either), and in this case, I haven’t yet had the time to try to look that far in the past, or to see how it turned out – please note that while the Weekly date stamp is 2006, the story’s URL says 1998, almost two decades ago; I vaguely recall the Weekly did an overhaul at some point that re-datestamped everything. I have e-mailed the owner to ask for comment; we got a phone call from a member of his family in response, while we were out on another story, but the connection was bad so co-publisher Patrick asked if they could e-mail us. Nothing yet. Please tone down the rhetoric; the facts so far (city violation notice, quote, etc.) can speak for themselves. Thanks – TR

  • Max June 5, 2015 (7:34 pm)

    The project and house are nightmares. Work frequently starts at 6:30am on weekends, with huge trucks running their engines for 30-45 minutes. On any given weekday there are 10 work trucks parked on narrow residential street blocking all the parking. And the workers (?) are now spray-painting smiley faces on the sides of the building’s top floors, mocking the neighbors whose view it now blocks.

  • Rob June 5, 2015 (7:45 pm)

    I want the garage’s, don’t care to much for the house…

  • Max June 5, 2015 (7:46 pm)

    For me it’s not rhetoric, we live on the street and have spoken to the workers, who have told neighbors that they know it is not legal to start work so early but they were told they needed to finish the job.

    • WSB June 5, 2015 (8:03 pm)

      Sorry, I think I was referring more to a comment I couldn’t approve because it was rule-breaking. Apologies, been a long day since the 6:30 am protest and we’re off to a couple more stories. If we do get comment from the builder, we’ll add.

  • CSW June 5, 2015 (8:11 pm)

    Regarding the construction early in the morning, call the police. The law states construction can not start before 9AM on the weekends and 8AM during the week. That info came straight from the police dept.

  • Marge Evans June 5, 2015 (8:11 pm)

    what hubris!

  • Diane June 5, 2015 (8:47 pm)

    CSW, is that really correct? I’ve been living in a construction zone since Feb; noise almost always starts 7 or 8 at latest, including weekends; seems most construction in this city starts way before 9; if this is really the law, seemd everyone is ignoring it

  • valvashon June 5, 2015 (8:50 pm)

    Oh, and by the way, thanks for tearing down what looked to be a beautiful example of an early Mid-Century Modern house. California brick, corner windows, etc. Aside from that weird thing over the underneath parking area it looked to be a nice, three bedroom ranch, doomed by being on an 11,000 square foot lot. I’m not sure I do believe that the owner has a right to build on the property. If you don’t save the cool houses now, who will? DON’T SELL YOUR HOUSE TO DEVELOPERS unless it’s an honest-to-goodnes teardown. Recognize the importance of history in all of our lives, sell your house to another family or individual that will care for it and take a few quid less. Developers can always outbid those of us who need/want/love older houses. Don’t let it happen to your house!

  • Neighbor June 5, 2015 (8:52 pm)

    My apologies for the comment that was in violation. It wasn’t meant to be rhetorical, I’m just weary from seeing things like this happen.

  • ChefJoe June 5, 2015 (9:19 pm)

    CSW, it’s 7AM weekdays with 8AM for jackhammering/impact work. You’re also supposed to call the DPD to register a complaint “to lodge a construction noise complaint, please call (206) 684-7843 or (206) 615-1760”.

    The basic outline (without the 8AM or phone number details) can be found at
    http://www.seattle.gov/dpd/codesrules/commonquestions/noise/default.htm

    Of course, there’s also variances possible….

  • Gabby June 5, 2015 (9:50 pm)

    Totally agree with Gatewood Gurl, these monstrous hideous “file cabinet” houses are ruining our established neighborhoods. And displacing young families who are being outbid on modest homes by developers who just tear me down. I hate saying this but I am truly ready to pack it in. Seattle, I am so over you.

  • Born and Raised in WS June 5, 2015 (10:10 pm)

    We have been being slowly squeezed out of our neighborhood by townhomes for the last 10 years. We are now living right next to a construction sight. Our home has been in my husbands family for over 80 years and now we are waking up to air compressors, hammers. nail guns, trucks, cranes, etc…every morning usually around 7:00. You would think we would get a break on Saturdays but that is not the case. Saturdays they start a bit later but they are still here. Even on Sundays and Memorial day, they are there disturbing us, our neighbors and our lives. They upset our dogs to a point of either excessive barking (which we do try to control) or cowering next to the basement door because the noises are scary to them. There is already no parking and it will only get worse. We hate it and are ready to leave. I’m all for progress but this is excessive, ridiculous, and downright annoying. The builder mentioned in this story should get hefty fines and be forced to take down the structure to what it was originally supposed to be.

  • Diane June 5, 2015 (10:21 pm)

    and agree with valvashon; DON’T SELL YOUR HOUSE TO DEVELOPERS
    *
    developers are also buying up tons of older affordable apt bldgs, and demolishing; then building huge apt projects that are way too expensive for most

  • Wasteland June 5, 2015 (10:43 pm)

    I’m experiencing the same thing as Born and Raised in WS and I’m also ready to pack it in, but can’t because not even the most cash-flush Amazonian wants to buy a house surrounded by 6-days-a-week heavy construction for the next year. The only way to exit my house by car is often blocked and the workers seem to know that that they can get by with anything they please. DPD seems to be filled with weak-willed doormats who act like every developer who comes calling has naked pictures of them doing something highly illegal.

  • JoAnne June 5, 2015 (11:25 pm)

    My cat got so stressed out from the construction noise, she developed a stress-related inflammation of her bladder, which caused her to urinate inappropriately (something she’s NEVER done before).
    .
    It took several hundred dollars to diagnose the problem, and meanwhile, several more hundred dollars worth of property was destroyed.
    .
    But in this city, no imposition, illness, or inconvenience matters when it comes to forcing citizens to accommodate unrestricted development.
    .

  • CBon34 June 5, 2015 (11:34 pm)

    And what professional doesn’t know how to spell DINING ROOM – plans show DINNING ROOM. And an elevator? In a “garage” really? And no lender would touch this without a permit. They should pull the guys contractor license-but maybe he doesn’t have one of those either!

  • Your house was built, too June 6, 2015 (1:32 am)

    To all of you people complaining about construction noise from neighboring properties- you do realize that your house was also built, right? Unless your house was silently floated down on fairies wings, or was the first house on the block- all your then neighbors had to endure the noisy business of your home construction, remodel, tear down and rebuild, etc. Cutting and fastening things together to make a house is noisy! All of your neighbors had sensitive cats and old ladies- and the builders of your home (even if it was 50 years ago) were just as noisy, and started working just as early as the builders you’re all whining about.
    This is what happens now, always, and forever in desirable, dense, residential areas- so maybe you should quit your crying, and move out to the country! ( but please don’t displace the wildlife…!?)

  • J. June 6, 2015 (5:58 am)

    Your house was built too – interesting point, however, I believe in tact when getting a point across, insults rarely work.

  • enid June 6, 2015 (6:47 am)

    In Arbor Heights (my neighborhood) the former owners of my property put up a small, single garage without a permit. They were made to tear it down. Let’s see what happens here; more and more, it looks like laws are only meant for poor people…

  • D June 6, 2015 (6:49 am)

    Glad the neighborhood is coming together to correct the problem. If every person calls the number that was provided for illegal construction noise when it happens then it will stop.

  • Orca June 6, 2015 (7:11 am)

    The permit was issued after the plans were approved by the City….I assume.
    The City had (or should have) the plans of the structure being built.
    Did they approve it…or did the builder switch plans.
    It doesn’t matter if they called it a “garage” or a house…the actual plans are what should have been approved.
    If the plans were approved by the City departments then the problem starts there.
    If it is being built differently than the plans show…then inspectors (who have copies of approved plans) should have caught it long ago.

  • anonyme June 6, 2015 (7:14 am)

    I live on a small lot in Arbor Heights in a tiny house that was a run down rental for many years. A previous owner put up a small, single garage without a permit. He was made to tear it down immediately. We’ll see what happens here; it seems more and more like justice in Seattle has to do with the size of your wallet, not the “egregious” nature of the violation.

  • flimflam June 6, 2015 (8:10 am)

    what a mess. DPD is so toothless (it seems) and constantly bending over backwards for these developers – I would be shocked if the slimy developer was forced to tear it down.

    .
    actually, I’m shocked they are even taking it this far…

  • j June 6, 2015 (8:36 am)

    35ft high? I thought residential city code limited height to 26ft??

  • neighbor of the mess June 6, 2015 (9:23 am)

    Sloping lot equals extra height. Any wonder why he lobbied for the address change to 42nd Ave SW which very steep but his front door design is on 41st. He set the stage for the height issue by duping the city to change his address to the “empty lot.” If the city doesn’t review the permitting of the “garage”, he is likely to prevail. Let the city know your feelings while the deliberations are in process.

  • G June 6, 2015 (9:31 am)

    When I sell my house this summer, I’ll sell it for as much as I can get for it. It’s my property, not anyone else’s. And no, I won’t be asking for the neighborhood’s approval on the buyer, though it’s likely the lot will be split for several homes. West Seattle is growing, people need places to live. I’ve paid the taxes, and kept it up so it looks presentable (but still have people walking by with those snotty disapproving looks). Neighbors? You mean those people who live next door who never say hi? Community? I’m good member of the community, contributing where I can, and never inconvenience those around me. I patronize businesses in the area; they provide me services or goods and I give them money – not tithing. West Seattle is densely populated, don’t make it worse by this suffocating scrutiny of everything and everyone.

  • KM June 6, 2015 (10:06 am)

    Did I read this right–as long as he gets the proper permits after the fact, and pays a fine or two, it’s okay to continue construction?

    The city should require a tear down and voids all permits for violations. Or yah know, take a monetary pay off.

  • The King June 6, 2015 (11:31 am)

    These new houses all look like they were designed by a third grader and an etch a sketch. Shoddy materials slapped to the sides and called “modern”. Mobile homes without the wheels I think.

  • Jim P. June 6, 2015 (1:02 pm)

    One can take comfort that a builder who would do this without complete permitting in place (and I will bet this has had zero inspections as well, is likely to be a very shoddy worker and the place will be a wreck with leaks, wonky plumbing, settling and other goodies that will cost the owner a boatload to fix down the line.

    Quality builders wouldn’t touch this project at least as presented so far.

    And sub-par contractors hire sub-par workers so the fun should be almost immediate.

  • Upset in Gatewood June 6, 2015 (1:25 pm)

    While we’re all sharing our frustrations about new development, I’d like to recognize another insensitive architect and builder for the new house going up on 40th and Holly in the Gatewood neighborhood. It’s also a huge, ugly box (solar panels included!) overpowering the lot and neighboring homes, but come see the enormous “roof access” structure covered in green architectural metal that looks like a mini apt. on the roof deck. It’s so disrespectful to the neighbors/neighborhood and will look very dated, as many of these modern “file cabinet” homes will be in a few years.

  • She Smiles June 6, 2015 (6:54 pm)

    Maybe it’s a Garage with a maintenance crew to live there!

  • In Fauntleroy June 6, 2015 (9:06 pm)

    Go digging the the records this is the same clown had some issues somewhere on pigeon point about clearing land in a Eco sensitive area with out a permit as well years ago follow the trail the nut does not fall far from the tree

  • Anonymous June 6, 2015 (10:41 pm)

    I think this developer should be fined but I’m not sure why people are so opposed to change. If you look at any neighborhood you will see homes built during different times. its a free market, if you cant afford the new homes being built here move some place you can. I want to drive a Lamborghini but I cant afford it so I drive a VW. No one deserves anything! If you dont like the way new homes look then move! No one is keeping you in this neighborhood, if you want to stop time go live in an amish community.

  • Sarah June 6, 2015 (11:09 pm)

    Some folks on this blog seem to think that what is happening in West Seattle is okay – a sign of the times, capitalism, opportunistic ventures, etc. No. You are wrong

    It is Okay to want your neighborhood to remain a livable place. It is Okay to want houses in your neighborhood to fit in with general architectural dimensions and aesthetics. It is okay to say “enough” to Green Built (ha) and to Mark Knor and the other developers who care not a speck for what their monstrous constructions do to the moral of a neighborhood. To those of you who say “oh poo-poo” – perhaps it is You who should move to a place where McMansions are welcome. Not here. Not now. Seattle Planning: please stop this rape of West Seattle.

  • Anonymous June 7, 2015 (8:54 am)

    I think what you are looking for Sarah is resonaable and there are neighborhoods like that, with rules about how many trees you can have and what color you can paint your house. That is not here and it is why people like me live here. Its our right as property owners who can afford to live in this neighborhood to do what we want with what we paid for. Not have some folks in the community push the “ideal” looking place to live. Im glad to see city planning let property owners do as they please so long as it doesn’t harm their neighbors. Sounds like there are many sub divisions in the suburbs for folks like Sarah and others who want to control the look and feel of their neighborhood.

  • WestofJunction June 8, 2015 (6:24 am)

    Anonymous- you bet- there are places like Mill Creek, etc. I get really annoyed when people say “we’ve lived here for 100 years” , etc. Not all of us inherited houses to live in, so the NIMBY stauff is really grating. Any house that is sufficiently well maintained is less of a target for developers, by the way, so maintain your homes. I have seen too many of these “inherited” homes that are allowed to fall apart – in my opinion those are the real eyesores.

    Things change, there is growth or decline, stasis is not a normal state. I agree that whatever development should be well done – I am against apodments, for instance, but Seattle is growing.

  • Scout June 8, 2015 (2:07 pm)

    This is really the story of, “A Man Who Fell From Grace By the Sea”. His legacy is etched in stone for the rest of his life.
    No house is worth that sacrifice.

    • WSB June 8, 2015 (2:33 pm)

      Just for anyone checking in on this – The owner/builder, Gordon Trifts, replied today to our inquiry from Friday. I will be reporting a followup, hopefully by early evening, including his response and whatever else is new with the DPD investigation – will link it here in this story’s comments when done – Tracy

  • Thomas M. June 9, 2015 (6:52 am)

    That house across from Lincoln Park at 8022 Fauntleroy Way SW has been a bombed out wreck going into its third month. The roof has been settled down onto the first floor, unevenly I might add. Every day a guy hacks and whacks at this eyesore and slowly fills a demo dumpster. I wrote an email to DPD inspector and got ZERO response. What do these DPD guys do all day? Blatant violations, foot dragging and outright contempt for the law and the neighbors seem to be OK by out toothless tiger.

  • Chris June 11, 2015 (8:16 am)

    Tracy,
    What happened to the response and follow up? Thanks.

    • WSB June 11, 2015 (8:21 am)

      A ridiculously busy week happened. Still on the list. I should have just pasted the response here when it came in and not assumed I’d have time for a followup.

  • cj June 11, 2015 (11:26 am)

    Perhaps the revision request got lost somewhere?

  • FairIsFair June 12, 2015 (5:12 pm)

    If you can just do anything you want on your land, you are disregarding design guidelines for the neighborhood and disrespecting the neighbors. (Your land eh? What if you wanted to build a drive-in theater there…) Yep, that’s what were talking about and why you just can’t destroy a neighborhood because you want to build and make more off the property than than city would have possibly allowed. As neighbors, we respect the permit process and the guidelines. There is a reason people want to live here in WS. Stating you are building a 1-story garage and then building what amounts to a total of 4-stories from the street below to the roof, is a violation of the law and the permit granted. A fine would simply rubber stamp this roughshod behavior.

Sorry, comment time is over.