AN ORDINANCE relating to historic preservation, imposing controls upon the Admiral's 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.

WHEREAS, the Landmarks Ordinance, Chapter 25.12 of the Seattle Municipal Code (SMC), establishes a procedure for the designation and preservation of sites, improvements and objects that are more than 25 years old and have historical, cultural, architectural, engineering or geographic significance; and

WHEREAS, the Landmarks Preservation Board (the Board), after a public meeting on July 7, 2010, voted to approve the nomination of the improvement (the building) and a portion of the parcel of property on which the improvement is located at 2001 West Garfield Street in Seattle, which are together referred to as the Admiral's House for purposes of this ordinance, for designation as a landmark under SMC Chapter 25.12; and

WHEREAS, after a public meeting on August 18, 2010, the Board voted to approve the designation of the Admiral's House under SMC Chapter 25.12; and

WHEREAS, on March 2, 2011, the Board and the owner of the designated landmark agreed to controls and incentives; 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 : Pursuant to SMC 25.12.660, the designation by the Landmarks Preservation Board (the Board) of the improvement (the building) and a portion of the parcel of property on which the improvement is located at 2001 West Garfield Street in Seattle, which are together referred to as the Admiral's House for purposes of this ordinance, is hereby acknowledged.

A. Legal Description .

1. The Admiral's House is located on the property legally described as:

Parcel "G" of that certain real property described and shown on the record of survey recorded under King County Auditor's file No. 20040220900002, records of King County, Washington. Said parcel is situated in the southwest 1/4 of Section 23 and the northwest 1/4 of Section 26, all in Township 25 North, Range 3 East, W.M., and is more particularly described as follows:

Beginning at the southwest corner of Lot 17, Block 9, Minor's Addition to the City of Seattle, also known as the True Point of Beginning of Quit Claim Deed recorded under King County Auditor's file No. 7606300880, and the true point of beginning of this description, said point being a 1" brass disk in concrete;

thence south 89 degrees 08'13" west, along the north margin of Oakes Street as platted in said Minor's Addition, a distance of 88.36 feet to a 1'' brass disk in concrete, thence north 37 degrees 01'35" west, a distance of 42.26 feet to a fence corner,

thence north 68 degrees 59'49" west, a distance of 173.81 feet to a fence corner,

thence north 42 degrees 22'17" east, a distance of 210.78 feet to a concrete monument with tack & lead,

thence north 28 degrees 13'08" west, a distance of 74.51 feet to a concrete monument with tack & lead,

thence east and north along a curve to the left, the radius point bearing north 41 degrees 58'19" west, with a radius of 550.00 feet, a central angle of 07 degrees 03'22", an arc distance of 67.73 feet to a 1'' brass disk in concrete,

thence north 40 degrees 58'18" east, a distance of 100.00 feet to a concrete monument with tack & lead,

thence north 49 degrees 01'42" west, a distance of 20.00 feet, to the south margin of West Garfield Street, as established by the City of Seattle condemnation ordinance 53518, and a point of curvature, said point being a rebar and aluminum cap,

thence east and north along a curve to the right, the radius point bearing south 49 degrees 01'42" east, with a radius of 470.00 feet, a central angle of 14 degrees 07'59", an arc distance of 115.93 feet to a rebar and aluminum cap,

thence north 03 degrees 31'36" east, a distance of 179.84 feet, to the northwest corner of the property exception to said quit claim deed (afn#7606300880), said point being a rebar and aluminum cap,

thence north 89 degrees 46'23" east, a distance of 124.51 feet to a concrete monument with tack & lead,

thence south 12 degrees 54'49" east, a distance of 99.23 feet to a rebar and aluminum cap,

thence south 89 degrees 46'23" west, a distance of 106.30 feet to a concrete monument with tack & lead,

thence south 02 degrees 15'17" west, a distance of 85.82 feet to a concrete monument with tack & lead,

thence south 19 degrees 15'04" west, a distance of 85.61 feet, to a point of curvature and a concrete monument with tack & lead,

thence south and east along a curve to the left, the radius point bearing south 70 degrees 44'56" east, with a radius of 40.00 feet, a central angle of 101 degrees 14'18", an arc distance of 70.68 feet to a concrete monument with tack & lead,

thence south 81 degrees 59'14" east, a distance of 32.46 feet to a concrete monument with tack & lead,

thence east and south along a curve to the right, the radius point bearing south 08 degrees 00'46" west, with a radius of 30.00 feet, a central angle of 75 degrees 52'39", an arc distance of 39.73 feet to a concrete monument with tack & lead,

thence south 06 degrees 06'38" east, a distance of 83.97 feet to a concrete monument with tack & lead,

thence south 23 degrees 01'25" east, a distance of 102.53 feet to a concrete monument with tack & lead,

thence south 00 degrees 46'37" east, a distance of 107.79 feet to a rebar and aluminum cap,

thence south 88 degrees 18'21" east, a distance of 4.98 feet to a rebar and aluminum cap,

thence south 00 degrees 51'42" west, a distance of 43.38 feet, to a point of curvature, said point being a concrete monument with tack & lead,

thence south and west along a curve to the right, the radius point bearing north 89 degrees 08'18" west, with a radius of 80.00 feet, a central angle of 72 degrees 42'19", an arc distance of 101.52 feet to a concrete monument with tack & lead,

thence south 73 degrees 34'01" west, a distance of 31.32 feet to a rebar and aluminum cap,

thence south 15 degrees 10'12" east, a distance of 18.72 feet, to the north margin of Marina Place as set forth in Auditor's file No. 116480, said point being a concrete monument with tack & lead,

thence south 74 degrees 49'48" west, a distance of 98.84 feet to a rebar and aluminum cap,

thence north 00 degrees 51'47" west, a distance of 94.75 feet to the True Point of Beginning.

Said parcel containing 169,449.30 square feet or 3.89 acres, more or less.

Situated in the City of Seattle, County of King, State of Washington.

2. The portion of the property designated as a Landmark is described as follows:

That portion of parcel "G" of that certain real property described and shown on the Record of Survey recorded under King County Auditor's file No. 20040220900002, records of King County, Washington, situated in the southwest 1/4 of Section 23 and the northwest 1/4 of Section 26, all in Township 25 North, Range 3 East, W.M., and more particularly described as follows:

Commencing at the southwest corner of Lot 17, Block 9, Minor's Addition to the City of Seattle, also known as the True Point of Beginning of Quit Claim Deed recorded under King County Auditor's file No. 7606300880, said point being a 1" brass disk in concrete;

thence south 89 degrees 08'13" west along the north margin of Oakes Street as platted in said Minor's Addition a distance of 88.36 feet to a 1" brass disk in concrete;

thence north 37 degrees 01'35" west a distance of 27.50 feet to a point on the westerly line of said parcel "G" and the True Point of Beginning for this description;

thence leaving said westerly line north 48 degrees 33'00" east a distance of 37.50 feet;

thence south 41 degrees 27'00" east a distance of 1.00 feet;

thence north 51 degrees 49'00" east a distance of 22.00 feet;

thence north 38 degrees 11'00" west a distance of 12.00 feet;

thence north 49 degrees 47'00" east a distance of 41.00 feet;

thence north 41 degrees 45'00" east a distance of 31.00 feet;

thence north 10 degrees 35'00" east a distance of 27.00 feet;

thence north 39 degrees 52'00" west a distance of 20.00 feet;

thence north 68 degrees 45'00" west a distance of 31.50 feet;

thence north 01 degrees 33'00" east a distance of 34.50 feet;

thence north 20 degrees 31'00" east a distance of 32.00 feet;

thence north 42 degrees 00'00" east a distance of 30.20 feet;

thence north 17 degrees 21'00" east a distance of 22.50 feet;

thence north 17 degrees 06'00" west a distance of 6.00 feet;

thence south 87 degrees 27'00" west a distance of 14.50 feet;

thence north 02 degrees 33'00" west a distance of 24.00 feet;

thence north 87 degrees 27'00" east a distance of 15.50 feet;

thence south 30 degrees 10'00" east a distance of 5.00 feet;

thence south 15 degrees 46'00" east a distance of 14.30 feet;

thence south 18 degrees 33'00" east a distance of 14.10 feet;

thence south 22 degrees 14'00" east a distance of 18.50 feet;

thence south 26 degrees 40'00" east a distance of 14.40 feet;

thence north 60 degrees 46'00" east a distance of 26.20 feet;

thence south 35 degrees 30'00" east a distance of 41.60 feet;

thence south 39 degrees 00'00" east a distance of 24.50 feet;

thence south 63 degrees 14'00" east a distance of 9.5 feet;

thence south 35 degrees 37'00" east a distance of 25.20 feet;

thence south 42 degrees 21'00" east a distance of 17.20 feet;

thence south 02 degrees 53'00" west a distance of 17.30 feet;

thence south 14 degrees 00'00" east a distance of 25.00 feet;

thence south 11 degrees 39'00" east a distance of 23.50 feet;

thence south 46 degrees 55'00" east a distance of 50.30 feet;

thence north 73 degrees 31'00" east a distance of 22.04 feet to a point on the easterly line of said parcel "G", said point being a concrete monument with tack & lead;

thence along the easterly and southerly lines of said parcel "G" south 88 degrees 18'21" east a distance of 4.98 feet to a rebar and aluminum cap;

thence south 00 degrees 51'42" west a distance of 43.38 feet to a point of curvature, said point being a concrete monument with tack & lead;

thence south and west along a curve to the right, the radius point bearing north 89 degrees 08'18" west, with a radius of 80.00 feet, a central angle of 72 degrees 42'19", an arc distance of 101.52 feet to a concrete monument with tack & lead;

thence south 73 degrees 34'01" west a distance of 31.32 feet to a rebar and aluminum cap;

thence south 15 degrees 10'12" east a distance of 18.72 feet to the north margin of Marina Place as set forth in Auditor's file No. 116480, said point being a concrete monument with tack & lead;

thence south 74 degrees 49'48" west a distance of 98.84 feet to a rebar and aluminum cap;

thence north 00 degrees 51'47" west a distance of 94.75 feet to the True Point of Beginning.

Said parcel containing 1.242 acres, more or less.

Situated in the City of Seattle, County of King, State of Washington.

B. Specific Features and/or Characteristics Designated . Pursuant to SMC 25.12.660.A.2, the following specific features and/or characteristics of the Admiral's House are designated:

1. The exterior of the building.

2. The property legally described in Section 1.A.2, located at 2001 West Garfield Street in Seattle, excluding the existing garage.

C. Basis of Designation . The designation was made because the Admiral's House is more than 25 years old and has significant character, interest or value as a part of the development, heritage or cultural characteristics of the City, state or nation, it has integrity or the ability to convey its significance, and because it satisfies the following from SMC 25.12.350:

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); and

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 hereby imposed on the features and characteristics of the Admiral's House that were designated by the Board for preservation:

A. Certificate of Approval Process .

1. Except as provided in Section 2.A.2 or Section 2.B of this ordinance, the owner must obtain a Certificate of Approval issued by the Board pursuant 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 following specific features or characteristics:

a. The exterior of the building.

b. The property legally described in Section 1.A.2, located at 2001 West Garfield Street in Seattle, excluding the existing garage.

2. No Certificate of Approval is required for the following:

a. Any in-kind maintenance or repairs of the features listed in Section 2.A.1.

b. Installation, removal or alteration of the following landscape elements: trees less than 8 inches in diameter measured 4 1/2 feet above ground, shrubs, perennials and annuals.

c. Installation, removal, or alteration of temporary site furnishings, including benches, movable planter boxes, and movable water features.

d. Installation, removal or alteration of underground utilities and irrigation systems, provided that the site is restored in-kind.

B. City Historic Preservation Officer (CHPO) Approval Process.

1. The CHPO may review and approve the items listed in Section 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, including applicable drawings and/or specifications.

b. If the CHPO, upon examination of submitted plans and specifications, determines that the alterations are consistent with the purposes of SMC chapter 25.12, the alterations shall be approved without further action by the Board.

c. If the CHPO does not approve the alterations, the owner may submit revised materials to the CHPO, or apply to the Board for a Certificate of Approval under SMC Chapter 25.12, as provided in Section 2.A.

2. The CHPO shall transmit a written decision on the owner's request to the owner within 14 business days of receipt of the request. Failure of the CHPO to approve or disapprove the request within 14 business days shall constitute approval of the request.

3. CHPO approval for changes or alterations to the designated features or characteristics of the landmark described in Section 2.A.1. of this ordinance, is available for the following:

a. The addition or elimination of duct conduits, HVAC vents, grilles, pipes, and other similar wiring or mechanical elements necessary for the normal operation of the building.

b. Removal of hazardous trees more than 8 inches in diameter measured 4 1/2 feet above ground.

c. Installation, removal, or alterations of exterior light fixtures, including exterior security lighting, and security system equipment.

d. Installation, removal, or alterations of exterior door hardware.

e. Removal or alterations of existing fences and gates.

f. Removal or alterations of existing walkways and driveways.

C. Emergency Action to Protect Property.

1. In the event of an actual or threatened landslide that is damaging or threatening to imminently damage the site or building, the Owner may take reasonable emergency action to protect the site or building without first obtaining a Certificate of Approval pursuant to Section 2.A. of this ordinance or CHPO approval pursuant to Section 2.B. of this ordinance, provided that the Owner shall provide as much advance notice of its proposed emergency actions to the CHPO as circumstances permit. Once the emergency is past, the Owner shall either restore the site and building to their prior condition or apply for a Certificate of Approval or CHPO approval within ten working/business days of the event for any ongoing alterations or significant changes.

Section 3. INCENTIVES : The following incentives are hereby granted on the features and characteristics of the Admiral's 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 pursuant to Seattle Municipal Code Title 23.

B. Exceptions to certain requirements of the Seattle Building Code, SMC Chapter 22.100, and the Energy Code of the City, SMC Chapter 22.700, may be authorized pursuant to the applicable provisions thereof.

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.

Section 4. Enforcement of this ordinance and penalties for its violation are as provided in SMC 25.12.910.

Section 5. The Admiral's House is hereby 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 the ordinance with the King County Director of Records and Elections, deliver two certified copies to the CHPO, and deliver one copy to the Director of the Department of Planning and Development. The CHPO is directed to provide a certified copy of the ordinance to the owner of the landmark.

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 ________________________, 2012, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Elizabeth Chave/jom DON Admiral's House Landmark Designation ORD February 7, 2012 Version #3a