CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to historic preservation; imposing controls upon the Beacon Hill Garden House, 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 February 20, 2019, voted to approve the nomination of the improvement located at 2336 15th Avenue S and the site on which the improvement is located (which are collectively referred to as the “Beacon Hill Garden House”) for designation as a landmark under SMC Chapter 25.12; and
WHEREAS, after a public meeting on April 3, 2019, the Board voted to approve the designation of the Beacon Hill Garden House under SMC Chapter 25.12; and
WHEREAS, on February 1, 2023, the Board and the Beacon Hill Garden House’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 2336 15th Avenue S and the site on which the improvement is located (which are collectively referred to as “Beacon Hill Garden House”) is acknowledged.
A. Legal Description. The Beacon Hill Garden House is located on the property legally described as:
Lots 1, 2, and 3, Block 7 of Walker’s Addition to the City of Seattle, according to plat thereof recorded in Volume 6 of Plats, page 43, in King County, Washington.
B. Specific Features or Characteristics Designated. Under SMC 25.12.660.A.2, the Board designated the following specific features or characteristics of the Beacon Hill Garden House:
1. The site.
2. The exterior of the house (excluding the 2006 addition on the north side).
3. The main interior stair from the first floor up to the second floor.
C. Basis of Designation. The designation was made because the Beacon Hill Garden House 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 a significant aspect of the cultural, political, or economic heritage of the community, City, state or nation (SMC 25.12.350.C).
2. It embodies the distinctive visible characteristics of an architectural style, or period, or of a method of construction (SMC 25.12.350.D).
3. Because of its prominence of spatial location, contrasts of siting, age, or scale, it is an easily identifiable visual feature of its neighborhood or the City and contributes to the distinctive quality or identity of such neighborhood or the City (SMC 25.12.350.F).
Section 2. Controls. The following controls are imposed on the features or characteristics of the Beacon Hill Garden House 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 Beacon Hill Garden House 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 Beacon Hill Garden House that were designated by the Board for preservation.
b. Removal of trees greater than 6 inches in diameter measured 4-1/2 feet above ground, when not included in any of the following categories:
1) Significant to the property’s history or design as outlined in the nomination application, including but not limited to the pear tree orchard.
2) A Tier 1 or designated Heritage Tree on the City of Seattle/Plant Amnesty list.
3) A Tier 2 or Exceptional Tree per City of Seattle regulations.
c. Removal of trees less than 6 inches in diameter measured 4-1/2 feet above ground, provided they are not part of the pear tree orchard.
d. Planting of new trees in locations that will never obscure the view of designated features of the landmark, physically undermine a built feature of the landmark, or adversely affect the pear tree orchard.
e. Planting or removal of shrubs, perennials, or annuals, in locations that will never obscure the view of designated features of the landmark, physically undermine a built feature of the landmark, or adversely affect the pear tree orchard.
f. Installation, removal, or alteration (including repair) of underground irrigation and underground utilities, provided that the site is restored in kind, and the work will not adversely affect the pear tree orchard.
g. Installation, removal, or alteration of the following site furnishings: benches, movable chairs and tables, movable planters, movable water features, trash/recycling/composting receptacles, and bike racks; provided they will not adversely affect the pear tree orchard.
h. Installation and removal of temporary artwork and signage. Such installations shall be considered temporary if they.
1) Can be removed without changing the building exterior or site and without requiring repair; and
2) Remain in place for no more than 60 days.
i. Installation, removal, or alteration of signage for accessibility compliance; and other signage as required by City code.
j. Installation, removal, or alteration of interior, temporary window shading devices that are operable and do not obscure the glazing when in the open position.
k. Restriping or in-kind repaving of existing east side parking area.
l. Installation, removal, or alteration of curbs, bollards, or wheelstops in the east side parking area.
m. Removal or minor alterations to the stepped concrete plinth, sundial, and free-standing gazebo in the north yard, provided they do not increase the footprint or height of the structures.
n. Installation and removal of the following temporary outdoor installations for special events: tents, games, stages, and performance-related equipment, provided they will not adversely affect the pear tree orchard.
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 Beacon Hill Garden House 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, and/or other similar mechanical, electrical, and telecommunication elements necessary for the normal operation of the buildings or site.
b. Installation, removal, or alteration of exterior light fixtures, exterior security lighting, and security system equipment.
c. Removal of trees more than 6 inches in diameter measured 4-1/2 feet above ground, when identified as a hazard by an International Society of Arboriculture (ISA) Certified Arborist, or when the applicant can demonstrate that the tree is clearly dead, unless the trees are already excluded from review in subsection 2.A.2.b of this ordinance.
d. Signage other than signage excluded in subsections 2.A.2.h and 2.A.2.i of this ordinance.
e. Installation, removal, or alteration of improvements for security, safety, or accessibility compliance.
f. Installation, removal, or alteration of fire and life safety equipment.
g. Installation, removal, or alteration of artwork at the building exterior or site, unless excluded from review in subsection 2.A.2.h of this ordinance.
h. Changes to paint colors for any aspects of the building exterior that have previously been painted.
i. Installation, removal, or alteration of fencing and gates.
j. Alterations or changes to designated features at the building interior.
k. Installation of photovoltaic panels on a building rooftop.
l. Replacement of non-historic doors and windows within original openings, when the staff determines that the design intent is consistent with the Secretary of Interior’s Standards for Rehabilitation.
m. 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 building 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 notify the City Historic Preservation Officer within 24 hours, 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 Beacon Hill Garden House 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 Beacon Hill Garden House is added alphabetically to Section II, Buildings, 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 Beacon Hill Garden House’s owner.
Section 7. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2024, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2024.
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President ____________ of the City Council
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Approved / |
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returned unsigned / |
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vetoed this _____ day of _________________, 2024. |
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2024.
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Scheereen Dedman, City Clerk
(Seal)