Pierce Butler

“ Not more than one appurtenant building having a floor area of not to exceed thirty (30) square feet which is used for the housing of domestic animals or fowls shall be permitted on any lot in the first residence district, except that a building of greater area or a greater number of buildings shall be permitted when the written consent
shall have been obtained of the owners of fifty (50) per cent. of the dwellings within two hundred (200) feet of the proposed building; provided that such consent shall not be required if the number of said dwellings is less than four (4) . ”

“ Since 1914, the above-named trustee has owned and maintained a philanthropic home for aged poor. It is located about 6 miles from the business center of Seattle, on a tract 267 feet wide, extending from Seward Park avenue to Lack Washington, having an average depth of more that 700 feet and an area of about 5 acres. The home is a structure built for and formerly used as a private residence. ”

“ In a first residence district, buildings and uses such as are ordinarily appurtenant to dwellings shall be permitted, subject to the limitations herein provided. A garage in a first residence district shall not occupy more than seven per cent. (7%) of the area of the lot, and the business of repairing motor vehicles shall not be conducted therein. ”

“ The office of a physician, dentist, or other professional person when located in his or her dwelling, also home occupations engaged in by individuals within their dwellings shall be considered as accessory uses, provided that no window display is made or any sign shown other than one not exceeding two (2) square feet in area and bearing only the name and occupation of the occupant. The renting of rooms for lodging purposes only, for the accommodation of not to exceed six (60) persons, in a single family dwelling shall be considered an accessory use. ”

“ The delegation of power so attempted is repugnant to the due process clause of the Fourteenth Amendment. Eubank v. Richmond, 226 U.S. 137, 143, 33 S.C.t. 76, 57 L. Ed. 156, 42 L. R. A. (N. S.) 1123; Browning v. ”