[WSBARP] neighborly easement to resolve sideyard setback violation - Shoreline

[Rod Harmon]

Client has signed a purchase and sale agreement for residential property in
Shoreline, but the property has a large, freestanding, unpermitted garage
that is 3 1/2 feet from the property line and therefore violates the 5 foot
side yard setback requirement.  Seller agreed to obtain a permit prior to
closing, and is pursuing a lot line adjustment so he can get a permit.
Seller has obtained the neighbor's agreement to the lot line adjustment, but
the city says the approval of neighbor's lender is also required.   And the
lender says it will be 10 weeks before it even considers whether to give its
approval.  The parties are anxious to close their deal sooner.

 

Would a side yard easement solve the problem?  I have heard that at least
some years ago Seattle would accept such an easement to resolve a side yard
problem.  Does anyone have any experience with the city of shoreline
accepting such a solution?  And even if they would accept it, with they
still require the agreement of the lender to the easement?

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

    www.rodharmon.com

   rodharmon at msn.com

 

 

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