400-13
REMOVAL AND/OR MODIFICATION OF RESTRICTIVE COVENANTS

Department: PLANNING/BUILDING/PUBLIC WORKS

Effective Date:    2/9/94

Supersedes:    N/A

Staff Contact:    Jim Hanson

Approved by:    Earl Clymer

1.0 PURPOSE:

To establish a procedure for the removal and/or modification of restrictive covenants.

2.0 ORGANIZATIONS AFFECTED:

All departments/divisions

3.0 REFERENCES:

N/A

4.0 POLICY:

It shall be the policy of the City of Renton to formally consider the applicant's request for the removal or modification of restrictive covenants. Over time, the conditions prompting the original covenants may change. A formal process to allow the removal of restrictive covenants will allow the City to be responsive to changing site conditions.

5.0 DEFINITIONS:

Restrictive Covenants:

A restriction on the use of land usually set forth in the deed, but may also be added by the use of another recorded document. Restrictive covenants usually run with the land and, if running with the land, are binding upon subsequent owners of the properly. However, some restrictive covenants may run for specific periods of time.

6.0 PROCEDURE:

6.1    Property owners wishing to remove or alter restrictive covenants must submit a written application to the decision-making body, or its successor body or individual, which had the final authority to require the covenant originally. At minimum, the application must include a recorded copy of the restrictive covenants to be altered, legal description, and a letter explaining the need for removal/modification.

6.1.1    The fee, if any, will be as set forth in Section 5-1-1 of the Renton Municipal Code.

6.1.2    The City may require notification of surrounding property owners, beneficiaries of the covenant other than the general public and any parties of record.

6.1.3    The applicant must be able to demonstrate to the original decision-making body, or its successor that there has been a change in circumstances (i.e. new Comprehensive Plan designation or zoning designation) so as to make the covenant undesirable from the City's standpoint or that the covenants are duly burdensome on the property owner. Actions taken by the property owner cannot be used as a basis to claim undue burden.