CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to historic preservation; imposing controls upon the Wagner Floating Home, a landmark designated by the Landmarks Preservation Board under Chapter 25.12 of the Seattle Municipal Code, and adding it to the Table of Historical Landmarks contained in Chapter 25.32 of the Seattle Municipal Code.
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WHEREAS, the Landmarks Preservation Ordinance, Chapter 25.12 of the Seattle Municipal Code (SMC), establishes a procedure for the designation and preservation of sites, improvements, and objects having historical, cultural, architectural, engineering, or geographic significance; and
WHEREAS, the Landmarks Preservation Board (“Board”), after a public meeting on April 21, 2021, voted to approve the nomination of the improvement located at 2770 Westlake Avenue N - Unit 10 (which is referred to as the “Wagner Floating Home”) for designation as a landmark under SMC Chapter 25.12; and
WHEREAS, after a public meeting on June 2, 2021, the Board voted to approve the designation of the Wagner Floating Home under SMC Chapter 25.12; and
WHEREAS, on July 7, 2021, the Board and the Wagner Floating Home’s owner agreed to controls and incentives to be applied to specific features or characteristics of the designated landmark; and
WHEREAS, the Board recommends that the City Council enact a designating ordinance approving the controls and incentives; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Designation. Under Seattle Municipal Code (SMC) 25.12.660, the designation by the Landmarks Preservation Board (“Board”) of the improvement located at 2770 Westlake Avenue N - Unit 10 (which is referred to as the “Wagner Floating Home”) is acknowledged.
A. Legal Description. The Wagner Floating Home is located on the property legally described as:
The Wagner Floating Home is described as follows, according to King County property records recorded in 2017: Unit 10, The Old Boathouse Condominium, formerly known as Hulls Moorings, a condominium, according to the declaration thereof recorded under King County Recording No. 9508010450, and any amendments thereto; said unit is located on survey map and plans filed in Volume 126 of Condominium Plats, page(s) 25 through 27, amended by instrument recorded under Volume 159 of Condominium Plats, page(s) 75 and 76, in King County, Washington; except any floating home which may be located thereon.
B. Specific Features or Characteristics Designated. Under SMC 25.12.660.A.2, the Board designated the following specific features or characteristics of the Wagner Floating Home:
1. The exterior of the house.
2. The floating log foundation/platform that supports it.
C. Basis of Designation. The designation was made because the Wagner Floating Home is more than 25 years old; has significant character, interest, or value as a part of the development, heritage, or cultural characteristics of the City, state, or nation; has integrity or the ability to convey its significance; and satisfies the following SMC 25.12.350 provisions:
1. It is associated in a significant way with the life of a person important in the history of the City, state, or nation (SMC 25.12.350.B).
2. It is associated in a significant way with a significant aspect of the cultural, political, or economic heritage of the community, City, state, or nation (SMC 25.12.350.C).
3. It embodies the distinctive visible characteristics of an architectural style, or period, or of a method of construction (SMC 25.12.350.D).
Section 2. Controls. The following controls are imposed on the features or characteristics of the Wagner Floating Home that were designated by the Board for preservation:
A. Certificate of Approval Process.
1. Except as provided in subsection 2.A.2 or subsection 2.B of this ordinance, the owner must obtain a Certificate of Approval issued by the Board according to SMC Chapter 25.12, or the time for denying a Certificate of Approval must have expired, before the owner may make alterations or significant changes to the features or characteristics of the Wagner Floating Home that were designated by the Board for preservation.
2. No Certificate of Approval is required for the following:
a. Any in-kind maintenance or repairs of the features or characteristics of the Wagner Floating Home that were designated by the Board for preservation.
b. Installation, removal, or alteration of the following outdoor furnishings that are not attached to the house: benches, chairs, tables, swings, movable planters, and storage receptacles.
c. Installation or removal of interior, temporary window shading devices that are operable and do not obscure the glazing when in the open position.
B. City Historic Preservation Officer (CHPO) Approval Process.
1. The CHPO may review and approve alterations or significant changes to the features or characteristics listed in subsection 2.B.3 of this ordinance according to the following procedure:
a. The owner shall submit to the CHPO a written request for the alterations or significant changes, including applicable drawings or specifications.
b. If the CHPO, upon examination of submitted plans and specifications, determines that the alterations or significant changes are consistent with the purposes of SMC Chapter 25.12, the CHPO shall approve the alterations or significant changes without further action by the Board.
2. If the CHPO does not approve the alterations or significant changes, the owner may submit revised materials to the CHPO, or apply to the Board for a Certificate of Approval under SMC Chapter 25.12. The CHPO shall transmit a written decision on the owner’s request to the owner within 14 days of receipt of the request. Failure of the CHPO to timely transmit a written decision constitutes approval of the request.
3. CHPO approval of alterations or significant changes to the features or characteristics of the Wagner Floating Home that were designated by the Board for preservation is available for the following:
a. The installation, removal, or alteration of ducts, conduits, HVAC vents, grills, pipes, panels, weatherheads, wiring, meters, utility connections, downspouts and gutters, or other similar mechanical, electrical, and telecommunication elements necessary for the normal operation of the building or platform.
b. Alterations to the floating log foundation/platform when staff has not determined it to be in-kind maintenance.
c. Installation, removal, or alteration of exterior non-historic light fixtures, exterior security lighting, and security system equipment. If proposed equipment is similar in size and location to existing, staff may determine it to be in-kind maintenance, provided the fixture or equipment does not obscure designated features and is attached to a material that is easily repairable.
d. Installation, removal, or alteration of exterior signage.
e. Installation of improvements for safety or accessibility compliance.
f. Installation, removal, or alteration of fire and life safety equipment.
g. Changes to exterior paint colors when painting a previously painted material. If the proposed color is similar to the existing, staff may determine it to be in-kind maintenance.
h. Replacement of non-original windows and doors when located in original openings.
i. Emergency repairs or measures (including immediate action to secure the area, install temporary equipment, and employ stabilization methods as necessary to protect the public’s safety, health, and welfare) to address hazardous conditions with adverse impacts to the buildings or site as related to a seismic or other unforeseen event. Following such an emergency, the owner shall adhere to the following:
1) The owner shall immediately notify the City Historic Preservation Officer and document the conditions and actions the owner took.
2) If temporary structural supports are necessary, the owner shall make all reasonable efforts to prevent further damage to historic resources.
3) The owner shall not remove historic building materials from the site as part of the emergency response.
4) In consultation with the City Historic Preservation Officer and staff, the owner shall adopt and implement a long-term plan to address any damage through appropriate solutions.
Section 3. Incentives. The following incentives are granted on the features or characteristics of the Wagner Floating Home that were designated by the Board for preservation:
A. Uses not otherwise permitted in a zone may be authorized in a designated landmark by means of an administrative conditional use permit issued under SMC Title 23.
B. Exceptions to certain of the requirements of the Seattle Building Code and the Seattle Energy Code, adopted by SMC Chapter 22.101, may be authorized according to the applicable provisions.
C. Special tax valuation for historic preservation may be available under chapter 84.26 RCW upon application and compliance with the requirements of that statute.
D. Reduction or waiver, under certain conditions, of minimum accessory off-street parking requirements for uses permitted in a designated landmark structure may be permitted under SMC Title 23.
Section 4. Enforcement of this ordinance and penalties for its violation are as provided in SMC 25.12.910.
Section 5. The Wagner Floating Home is added alphabetically to Section I, Residences, of the Table of Historical Landmarks contained in SMC Chapter 25.32.
Section 6. The City Clerk is directed to record a certified copy of this ordinance with the King County Recorder’s Office, deliver two certified copies to the CHPO, and deliver one copy to the Director of the Seattle Department of Construction and Inspections. The CHPO is directed to provide a certified copy of this ordinance to the Wagner Floating Home’s owner.
Section 7. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ________ day of _________________________, 2022, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2022.
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President ____________ of the City Council
Approved / returned unsigned / vetoed this _____ day of _________________, 2022.
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2022.
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Monica Martinez Simmons, City Clerk
(Seal)
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