A citizens report detailing the exploitation of a Seattle building code loophole

Doofus Developments: Adding Insult to Injury

An incomplete accounting of the many Seattle-area neighborhoods that have had full-size homes jammed into their backyards and side yards (compliments of local developer / builder / financier Dan Duffus, who specializes in exploiting a Seattle building code loophole that allows these insulting properties to be built).

June, 2012

39 photos demonstrating how these developments harm neighborhoods

How Duffus Does It In the city of Seattle, you can only build one house on a standard, 5,000 square-foot lot. And you certainly cant divide a standard lot into multiple lots. Developer Dan Duffus (and his company Soleil Construction), however, has found a way to exploit a nasty little loophole: Find homes for sale that include long-forgotten, historic property divisions (in the backyards and side yards of, typically, older homes), then petition the city to let him build on these odd-sized tax parcels. In 1957, the city made it illegal to build on anything smaller than a 5,000 square-foot lot. But they grandfathered in any existing tax parcels (so that property owners wouldnt be robbed of their property rights). That was 55 years ago. Most of those original property owners are dead or long gone. So now its just Duffus buying and building on these old lots. Even worse: When the layout of these historic tax parcels are unbuildable (typically because they were never meant to be built upon), Duffus finds a way to reformat them in a way that allows him to build on them (usually with coaching from Andrew S. McKim of the Department of Planning and Development). Worst of all: Because these are considered substandard lots (much smaller than normal), the city, amazingly, allows builders to construct taller-than-normal homes (30 feet) with shorter setbacks than normal (they can push right up against neighboring lot lines). Again, this is done so that the owner of the tax parcel isnt shortchanged on their historical property rights (at least that was the original intent of the regulation). Exploiting these loopholes for more than 10 years, Duffus is single-handedly altering the fabric of the city and driving neighborhoods crazy. It also appears that Duffus is growing more aggressive. Some of the most recent Duffus projects shown here were built on spectacularly small lots -- some less than 2,200 square feet; and one just 1,050 square feet (about the size of a childs swingset). Important note: This is not a debate about tearing down a small house to build a big house. This is different. Duffus is wedging towering homes into BACKYARDS and SIDE YARDS . Why This Report Is Incomplete Thirty-nine properties (from 2001 to 2011) are included in this report. However, because the tool used to gather this information (blockshopper.com) is missing at least eight properties we know exist, it is widely understood that Duffus has built far more backyard / side yard homes than just those shown here. In fact, on his Blueprint website, he brags that hes built 900 homes in the city of Seattle.

720 West Wheeler Street (Queen Anne neighborhood)

BEFORE Tiny backyard garage (built in 1906).

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AFTER New, three-story house wedged into the spot where the garage used to sit, compliments of Dan Duffus / Soleil LLC.

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4115 1st Avenue NW (Fremont neighborhood)

BEFORE One-story home.

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AFTER New, three-and-one-half story house wedged into the side yard, compliments of Dan Duffus / Soleil LLC.

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5501 Kensington Pl. N. (Wallingford neighborhood)

BEFORE Two-story home with lush backyard.

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Backyard filled with mature trees and bushes

AFTER No more trees. But there is a new, three-story house wedged into a tax parcel that may be Seattles smallest-ever buildable lot (just 1,050 square feet!), compliments of Dan Duffus / Soleil LLC.

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8060 17th Avenue NW (Crown Hill neighborhood)

BEFORE Modest, one-story home (built in 1942).

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New home wedged into the backyard

AFTER New, two-story house wedged into the backyard, compliments of Dan Duffus / Soleil LLC.

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4310 1st Avenue NW (Fremont neighborhood)

BEFORE Modest, one-and-onehalf-story home.

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AFTER Two new, two-story houses wedged into the same lot, compliments of Dan Duffus / Soleil LLC.

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3955 Elmgrove Street Southwest (West Seattle neighborhood)

BEFORE Modest, two-story home (built in the 1940s).

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AFTER New, three-story house wedged into the side yard, compliments of Dan Duffus / Soleil LLC.

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3954 SW Rose Street (West Seattle neighborhood)

BEFORE Modest one-story home (built in 1933).

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New house wedged into the side yard

AFTER New, two-story house wedged into the side yard, compliments of Dan Duffus / Soleil LLC.

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151 N. 78th Street (Greenwood neighborhood)

BEFORE Modest, one-story home (built in the 1940s).

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AFTER New, three-and-one-half-story house wedged into the side yard, compliments of Dan Duffus / Soleil LLC.

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4000 Southwest Findlay Street (West Seattle neighborhood)

BEFORE Single side lot for sale.

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AFTER Two new two-story houses wedged into this one lot, compliments of Dan Duffus / Soleil LLC.

Two houses wedged into this one lot

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1605 21st Avenue (Central District neighborhood)

BEFORE Modest one-and-onehalf-story house.

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AFTER New, hulking, three-story house wedged into the side yard, compliments of Dan Duffus / Soleil LLC.

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1706 Dexter Avenue N (Cascade neighborhood)

BEFORE Two one-story homes (built in 1943) sitting side-by-side.

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Massive townhouses wedged into the backyards.

AFTER New, four-story townhouses wedged into the backyards of both homes, compliments of Dan Duffus / Soleil LLC.

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519 20th Avenue E (Capitol Hill neighborhood)

BEFORE The backyard of a 1920s home.

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Formerly the lush backyard of a 1920s home

AFTER New, two-story house wedged into the backyard, compliments of Dan Duffus / Soleil LLC.

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Passionate about both the benefits of environmentally sensitive practices as well as retaining the character of a property, Dan is proud of Soleils commitment to deliver affordable, high-quality, Built Green homes in keeping with the history, flavor and feel of the neighboring community.
-- Quote from the home page of Duffus Soleil website (6/26/12)

What Do You Think? Keep Duffus quote in mind as you peruse these photos of his projects. Then ask yourself: Is he really committed to maintaining the history, flavor and feel of the neighboring community?

More photos follow

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1711 44th Avenue SW (West Seattle neighborhood)

AFTER New, three-story house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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6222 5th Avenue NW (Ballard neighborhood)

AFTER New, two-story house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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6001 39th Avenue NE (Sandpoint neighborhood)

AFTER Two new, large houses wedged into what was formerly one lot, compliments of Dan Duffus / Soleil LLC.

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The two big houses on one standard lot

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4737 Cottage Place SW (West Seattle neighborhood) Two houses on one standard lot

AFTER Two new back-to-back houses wedged into what was formerly one lot, compliments of Dan Duffus / Soleil LLC.

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745 N. 82nd Street (Green Lake neighborhood)

AFTER New, three-story house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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8538 Dibble Avenue NW (North Beach neighborhood)

AFTER New, three-story house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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4132 25th Avenue SW (West Seattle neighborhood)

Two houses on one standard lot

AFTER Two new back-to-back two-story houses wedged into what was formerly one lot, compliments of Dan Duffus / Soleil LLC.

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6543 26th Avenue NE (Ravenna neighborhood)

AFTER New, three-story house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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4016 Linden Avenue N (Fremont neighborhood)

The new, three-story house in the backyard

AFTER New, three-story house wedged into the backyard of an older home, compliments of Dan Duffus / Soleil LLC.

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10030 44th Avenue SW (West Seattle neighborhood) Original home

AFTER New, two-story house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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New, two-story house and garage wedged into the side yard

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13304 Meridian Avenue N (North Seattle neighborhood) Original home

AFTER New two-story house wedged into the side yard of existing home, compliments of Dan Duffus / Soleil LLC.

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New house wedged into the side yard

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1008 W. Crockett Street (Queen Anne neighborhood)

AFTER New, two-and-one-half story house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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5118 S. Othello Street (Seward Park neighborhood)

AFTER New, three-story house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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4105 Fremont Avenue N (Fremont neighborhood)

The new backyard house

AFTER New, three-story house wedged into the backyard of an older home, compliments of Dan Duffus / Soleil LLC.

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1938 9th Avenue W (Queen Anne neighborhood)

The new backyard house

AFTER New, three-story house wedged into the backyard of an older home, compliments of Dan Duffus / Soleil LLC.

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5650 Fauntleroy Way SW (West Seattle neighborhood) The new backyard house

AFTER New, two-story house wedged into the backyard of an older home, compliments of Dan Duffus / Soleil LLC.

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6516 34th Avenue NE (Ravenna neighborhood) The new backyard house

AFTER New, two-story house wedged into the backyard of older home, compliments of Dan Duffus / Soleil LLC.

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12804 NE 5th Place (City of Bellevue) Original home

AFTER New house wedged into side yard of an existing home, compliments of Dan Duffus / Soleil LLC.

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New house wedged into the side yard

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12804 NE 5th Place (Lake City neighborhood)

New house wedged into the backyard

AFTER New house wedged into backyard of an existing home, compliments of Dan Duffus / Soleil LLC.

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6047 S. Roxbury Street (Leschi neighborhood)

The new house in the side yard

AFTER New house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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4114 38th Avenue S (Mount Baker neighborhood)

AFTER New, two-story house wedged into the side yard of an older home, compliments of Dan Duffus / Soleil LLC.

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8911 12th Avenue NE (Maple Leaf neighborhood)

AFTER New three-story house wedged into side yard of an existing home, compliments of Dan Duffus / Soleil LLC.

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3737 SW Austin Street (West Seattle neighborhood)

AFTER New two-and-one-halfstory house wedged into side yard of an existing home, compliments of Dan Duffus / Soleil LLC.

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2155 8th Avenue W (Queen Anne neighborhood)

New house wedged into the backyard

AFTER New three-story house wedged into the backyard of an existing home, compliments of Dan Duffus / Soleil LLC.

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2140 6th Avenue W (Queen Anne neighborhood)

New house wedged into the side yard

AFTER New, two-story house wedged into the side yard of an existing home, compliments of Dan Duffus / Soleil LLC.

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991 21st Avenue (Central District neighborhood) New house wedged into the backyard

AFTER Two new homes wedged into both the side yard and backyard of an existing home, compliments of Dan Duffus / Soleil LLC.

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New house wedged into the side yard

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4000 Southwest Findlay Street (Laurelhurst neighborhood)

COMING SOON Dan Duffus / Soleil LLC just purchased this property, with plans currently pending to wedge a house into the side yard.

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Where the new house will be wedged into the side yard

About Dan Duffus Dan is the co-founder [and president?] of Soleil Development LLC, a residential real estate company. Dan is also the co-founder and CEO of Blueprint, a Seattle-based company that provides financing and expertise for residential construction in Seattle neighborhoods. Background information from his Blueprint website: One of the founders of the Seattle Homebuilders Association (now the Master Builders Association of King County Seattle Builder Council), Dan brings 23 years of experience in real estate, planning and development to Blueprint Capital. Well-known and well-respected with contractors, city planners, and realtors, Dan has developed more than 900 residential units in Seattle. Background information from his Soleil Development website: Mindful of the impacts of residential construction, Soleil is dedicated to energy and resource-efficient practices and is proud to be Built Green certified. Our inspired transformations of historic and aging properties also means we seek to salvage beautiful architectural elements that will preserve the original character of the home and be a lasting asset to both the home-owner and the surrounding neighborhood. Passionate about both the benefits of environmentally sensitive practices as well as retaining the character of a property, Dan is proud of Soleils commitment to deliver affordable, high-quality, Built Green homes in keeping with the history, flavor and feel of the neighboring community. Background information from his Soleil Development website: With over 20 years of experience in the real estate field in the Seattle-metro region, Dan Duffus serves on the Board of the Master Builders Seattle Council. He was also Seattle Chair of the Master Builders in 2005 and Co-Chair in 2008. Understanding the complexity of Seattles land-use code, he frequently participates in focus groups for the City of Seattle as well as with the Department of Planning and Development.

Other players Andy Duffus is Dans brother and also builds backyard / side yard homes. The name of his company is Cedar Sound Building Co., LLC / Edmonds, WA / (425) 760-5610 / andy_duffus@msn.com Mark Knoll is Dans business partner. Linda Duffus is often listed on the paperwork as a co-buyer/seller with Dan Duffus. Michelle Hanes is often listed on the paperwork as a co-buyer/seller with Dan Duffus. Duffus appears to have some business relationship with the design/architecture firm PB Elemental which is where some of the ultramodern designs come from: http://www.pbelemental.com/pbinternational_res05.html Duffus also acts as a feeder for other contractors. After finagling these backyard/side yard building lot exceptions with the city, Duffus sometimes turns the construction of the house(s) over to other contractors which is not only a great way to make quick money, but also very good for building a large stable of industry/city friends.

Learn more A 2003 Puget Sound Business Journal article about Duffus: http://www.bizjournals.com/seattle/stories/2003/10/27/smallb1.html A typical letter from the DPD in response to Duffus request to build on one of these backyard / side yard lots (note how Andy McKim coaches Duffus on how to get the exception hes asking for): http://www.reedko.com/hood/wp-content/uploads/2011/03/112910_City-of-Seattle-Opinion-Letter.pdf The paperwork from a Washington state supreme court case currently pending against Duffus (homeowners on Queen Anne were so outraged about one of his backyard homes that theyre now suing): http://www.scribd.com/doc/95494861/Alley-Skyscraper-PETITIONLUPA The website for Duffus company, Soleil: http://www.soleildevelopment.com/index.html The website for Duffus other company, Blueprint: http://blueprintcap.com/

Background information on all the featured properties (plus many other backyard / side yard Duffus properties not yet documented with photos)
8060 17th Avenue NW, Seattle Washington http://seattle.blockshopper.com/property/7588700138/8060_17th_avenue_nw/ 1706 Dexter Avenue N, Seattle Washington http://seattle.blockshopper.com/property/8807900230/1706_dexter_avenue_n/ 1711 44th Avenue SW, Seattle Washington http://seattle.blockshopper.com/property/9274201355/1711_44th_avenue_sw/ 6222 5th Avenue NW, Seattle Washington http://seattle.blockshopper.com/property/2769602575/6222_5th_avenue_nw/ 6001 39th Avenue NE, Seattle Washington http://seattle.blockshopper.com/property/8815401185/6001_39th_avenue_ne/ 4442 54th Avenue SW, Seattle Washington http://seattle.blockshopper.com/property/2141200116/4442_54th_avenue_sw/ 3422 9th Avenue W, Seattle Washington http://seattle.blockshopper.com/property/7443001480/3422_9th_ avenue_w/ 4114 38th Avenue S, Seattle Washington http://seattle.blockshopper.com/property/7950302345/4114_38th_ avenue_s/ 3441 33rd Avenue W, Seattle Washington http://seattle.blockshopper.com/property/6821101746/3441_33rd_ avenue_w/ 745 N. 82nd Street, Seattle Washington http://seattle.blockshopper.com/property/6430000580/745_n_82nd_ street/

4515 33rd Avenue S, Seattle Washington http://seattle.blockshopper.com/property/1604600100/4515_33rd_ avenue_s/ 8538 Dibble Avenue NW, Seattle Washington http://seattle.blockshopper.com/property/7818700500/8528_dibble_avenue_nw/ 4132 25th Avenue SW, Seattle Washington http://seattle.blockshopper.com/property/3574300125/4132_25th_avenue_sw/ 6047 S. Roxbury Street, Seattle Washington http://seattle.blockshopper.com/property/7129302930/6047_s_roxbury_street/ 6543 26th Avenue NE, Seattle Washington http://seattle.blockshopper.com/property/0425049046/6543_26th_avenue_ne/ 10030 44th Avenue SW, Seattle Washington http://seattle.blockshopper.com/property/0254000100/10030_44th_avenue_sw/ 2140 6th Avenue W, Seattle Washington http://seattle.blockshopper.com/property/2397100235/2140_6th_ avenue_w/ 13304 Meridian Avenue N, Seattle Washington http://seattle.blockshopper.com/property/6414600171/13304_meridian_avenue_n/ 1008 W. Crockett Street, Seattle Washington http://seattle.blockshopper.com/property/7011200105/1008_w_crockett_street/ 5118 S. Othello Street, Seattle Washington http://seattle.blockshopper.com/property/1109000175/5118_s_othello_ street/

Background information on all the featured properties, plus more (continued)

1938 9th Avenue W, Seattle Washington http://seattle.blockshopper.com/property/7011201025/1938_9th_ avenue_w/ 6043 Fauntleroy Way SW, Seattle Washington http://seattle.blockshopper.com/property/7625703005/6043_ fauntleroy_way_sw/ 5650 Fauntleroy Way SW, Seattle Washington http://seattle.blockshopper.com/property/2349300067/5650_ fauntleroy_way_sw/ 1605 21st Avenue, Seattle Washington http://seattle.blockshopper.com/property/7228501890/1605_21st_ avenue/ 12804 NE 5th Place, Bellevue Washington http://seattle.blockshopper.com/property/3325000010/12804_ ne_5th_place/ 519 20th Avenue E, Seattle Washington http://seattle.blockshopper.com/property/4400200072/519_20th_ avenue_e/ 5411 SW Fauntleroy Way, Seattle Washington http://www.city-data.com/king-county/S/SW-Fauntleroy-Way-19. html 1019 NE 89th Street, Seattle Washington http://seattle.blockshopper.com/sales/cities/seattle-maple_ leaf/2011/Mar 8911 12th Avenue NE, Seattle Washington http://seattle.blockshopper.com/sales/cities/seattle-maple_ leaf/2011/Mar 8601 15th Avenue NE, Seattle Washington http://seattle.blockshopper.com/sales/cities/seattle-maple_ leaf/2011/Mar

1035 NE 95th Street, Seattle Washington http://seattle.blockshopper.com/sales/cities/seattle-maple_leaf/2011/Mar 3954 SW Rose Street, Seattle Washington http://seattle.blockshopper.com/property/3013301254/3954_sw_rose_ street/ 3705 SW Austin Street, Seattle Washington http://seattle.blockshopper.com/property/2492200330/3705_sw_austin_street/ 6516 34th Avenue NE, Seattle Washington http://seattle.blockshopper.com/property/7410200411/6516_34th_avenue_ne/ 4105 Fremont Avenue N, Seattle Washington http://seattle.blockshopper.com/property/1930300042/4105_fremont_ avenue_n/ 3737 SW Austin Street, Seattle Washington http://seattle.blockshopper.com/property/2492200375/3737_sw_austin_street/ 3208 Hunter Boulevard S, Seattle Washington http://seattle.blockshopper.com/property/5700003430/3208_hunter_ boulevard_s/ 991 21st Avenue, Seattle Washington http://seattle.blockshopper.com/property/7228501369/991_21st_avenue/ 2155 8th Avenue W, Seattle Washington http://seattle.blockshopper.com/property/7011200581/2155_8th_ avenue_w/ 2140 6th Avenue W, Seattle Washington http://seattle.blockshopper.com/property/2397100235/2140_6th_ avenue_w/

Background information on all the featured properties, plus more (continued)

4115 1st Avenue NW, Seattle Washington No blockshopper.com information available 5501 Kensington Place N, Seattle Washington No blockshopper.com information available 3955 Elmgrove Street Southwest, Seattle Washington No blockshopper.com information available 151 N. 78th Street, Seattle Washington No blockshopper.com information available 1527 Sunset Avenue NW, Seattle Washington No blockshopper.com information available 720 West Wheeler Street, Seattle Washington No blockshopper.com information available 5435 49th Avenue SW, Seattle Washington No blockshopper.com information available 4000 Southwest Findlay Street, Seattle Washington No blockshopper.com information available 13551 36th Avenue NE, Seattle Washington No blockshopper.com information available