(dissenting) — The bright-line rule advanced by the majority shuts down every home office and business in the state subject to a "residential purposes only” covenant. Because the rule advanced by the majority extends Mains Farm Homeowners Ass’n v. Worthington, 121 Wn.2d 810, 854 P.2d 1072 (1993) and Hagemann v. Worth, 56 Wn. App. 85, 782 P.2d 1072 (1989), and disregards Hunter Tract Imp. Co. v. Corporation of Catholic Bishop, 98 Wash. 112, 167 P. 100 (1917), I respectfully dissent.
The Wojdylas’ day care presents none of the extreme factual characteristics found in Mains Farm and Hagemann. In both Mains Farm and Hagemann, the residential properties were used 24 hours a day, 7 days a week for adult care, the properties were substantially remodeled to accommodate live-in adult residents, and outside workers were employed.
In addition, the restrictive covenants in Mains Farm and Hagemann were different and restricted more activity than the Tweed Twenty "residential purposes only” covenant. In Mains Farm, the covenant limited the property to "single family residential purposes”. Mains Farm, 121 Wn.2d at 813. This court held, "[i]n this case the 'main use and purpose’ is not to provide a single family residence, but to pro*454vide 24-hour protective care and supervision in exchange for money.” Mains Farm, 121 Wn.2d at 820. In Hagemann, the covenant contained an explicit prohibition against any "business, industry or commercial enterprise of any kind” in addition to a "single-family residences” restriction. Hagemann, 56 Wn. App. at 86-87. The Court of Appeals held: "When the covenant restricting business of 'any kind or nature’ is viewed in context with the residential purpose of the plat, we conclude the declaration was clearly intended to prohibit foster homes as well as boarding homes.” Hagemann, 56 Wn. App. at 91-92.
Contrary to the majority opinion, I see no sound reason in logic, policy, or legal precedent why this court should apply the holding of Mains Farm and Hagemann, cases involving 24-hour adult care and "single family” and "no business use” covenants, to a case involving a child day care and a "residential purposes only” covenant.
Furthermore, the majority’s interpretation of Mains Farm and Hagemann erroneously assumes that business uses are per se incompatible with residential uses. This conclusion overlooks the intent behind a "residential purposes only” covenant — a desire to preserve the residential character of the neighborhood and to make the neighborhood more attractive for residential purposes. See Mains Farm, 121 Wn.2d at 815. The majority’s bright-line rule ignores the clear fact that some business activities are unobtrusive and in no way make a neighborhood any less attractive for residential purposes. For example, an architect, a writer, or a salesperson working full time out of their residence, with little if any structural changes and a minimal increase in traffic, does not alter the character of a residential neighborhood.
In lieu of the bright-line "no business use” rule advanced by the majority, this court should adhere to Hunter Tract and Mains Farm and examine whether the questioned activity is an incidental use of the residence when compared to its main use and purpose. Hunter Tract, 98 Wash. at 115; Mains Farm, 121 Wn.2d at 820.
*455In Mains Farm, this court examined the main use and purpose of a residence to determine whether a business activity violated a restrictive covenant.
In this case the "main use and purpose” is not to provide a single family residence, but to provide 24-hour protective care and supervision in exchange for money.
Pursuant to Hunter Tract Imp. Co. v. Corporation of Catholic Bishop, 98 Wash. 112, 167 P. 100 (1917), the court must distinguish between an incidental use and the main use and purpose. . . .
Mains Farm, 121 Wn.2d at 820-21.
Under Hunter Tract, Mains Farm, and Hagemann, business use of property is balanced against residential use. In exceptional circumstances, the main use and purpose of the property is clearly business, i.e., the property is used for business purposes 24 hours a day, 7 days a week. See Mains Farm Homeowners Ass’n v. Worthington, supra; Hagemann v. Worth, supra. In all other situations, the business use and the residential use are balanced for their effect on the residential neighborhood. See Hunter Tract Imp. Co. v. Corporation of Catholic Bishop, supra. Activities that alter the character of a neighborhood are prohibited. Factors used to determine whether the character of a residential neighborhood is altered include, but are not limited to: structural changes, increased noise levels, increased pedestrian or vehicular traffic, outside employees working in the residence, increased pollution, hours of operation, and public safety. The mere fact that an activity may affect one or all of these factors is not alone dispositive. The crucial inquiry is whether one factor or a combination of factors causes the neighborhood to lose its character as a place of residence.
Under this analysis, the Metzners allege an increase in noise from the Wojdylas’ day care altered the character of their residential neighborhood. Noise, if significant and repetitious, may on its own change the character of a residential neighborhood. Here, affidavits provided by the Wojdylas contradict the claims made by the Metzners that noise changed the character of the neighborhood. Some neighbors *456even stated they were unaware the Wojdylas operated a day care facility out of their home. Because the record is inadequate to determine whether the Wojdylas’ day care changed the character of the neighborhood, I would remand the case to Superior Court for further findings of fact.
Utter and Durham, JJ., concur with Guy, J.