AN ORDINANCE relating to historic preservation, imposing controls upon the Dr. Annie Russell 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 having historical, cultural, architectural, engineering or geographic significance; and

WHEREAS, the Landmarks Preservation Board (the Board), after a public meeting on August 6, 2008, voted to approve the nomination of the improvement (the building) and the parcel of property on which the improvement is located at 5721 8th Avenue NE in Seattle for designation as a landmark under SMC Chapter 25.12; and

WHEREAS, after a public meeting on September 17, 2008, the Board voted to approve the designation of the Dr. Annie Russell House under SMC Chapter 25.12; and

WHEREAS, on January 21, 2009, 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 the parcel of property on which the improvement, collectively referred to as the Dr. Annie Russell House for the purposes of this ordinance, is located at 5721 8th Avenue NE in Seattle is hereby acknowledged.

A. Legal Description. The Dr. Annie Russell House is located on the property legally described as:

The east 125 feet of Lot 15 in Day's Acre Gardens, as per Plat recorded in Volume 3 of Plats, at page 66, Records of King County Auditor; except that portion thereof as condemned for street under Ordinance No. 22149 of City of Seattle; situate in the City of Seattle, County of King, State of Washington.

B. Specific Features and/or Characteristics Designated. Pursuant to SMC 25.12.660A2, the following specific features and/or characteristics of the Dr. Annie Russell House are designated:

1. The exterior of the building,

2. The following elements of the interior of the building: the first floor interior, including the central hallway and stairway to the second floor, but excluding the kitchen and bathroom, and

3. The parcel of property legally described above in Section 1.A, located at 5721 8th Avenue NE in Seattle.

C. Basis of Designation. The designation was made because the Dr. Annie Russell House 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 Section 25.12.350:

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 25.12.350B).

2. It embodies the distinctive visible characteristics of an architectural style, period, or of a method of construction (SMC 25.12.350D).

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 25.12.350F).

Section 2. CONTROLS: The following controls are hereby imposed on the features and characteristics of the Dr. Annie Russell House that were designated by the Board for preservation:

A. Certificate of Approval Process.

1. Except as provided in Section 2.A.2 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 improvement (the building),

b. The following elements of the interior of the building: the first floor interior, including the central hallway and stairway to the second floor, but excluding the kitchen and bathroom, and

c. The parcel of property legally described in Section 1.A, located at 5721 8th Avenue NE in Seattle.

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. The removal or addition of shrubs, perennials, and annuals,

c. Alterations to the shed, including removal or replacement on the same footprint,

d. Alterations to the north pond, and alterations to the landscape paving and rock features in the south yard, or

e. Alterations to the fences and retaining walls on the west and south property lines, including removal an/or replacement.

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 City Historic Preservation Officer (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 days of receipt of the request. Failure of the CHPO to approve or disapprove the request 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 1.B of this Ordinance, is available for the following:

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

Section 3. INCENTIVES: The following incentives are hereby granted on the features and characteristics of the Dr. Annie Russell 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 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 Dr. Annie Russell House is hereby added to 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 City Historic Preservation Officer (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 thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2009, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2009.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2009.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2009.

____________________________________

City Clerk

(Seal)

Elizabeth Chave/jom

DON, Dr. Annie Russell House Landmark Designation ORD

July 15, 2009

Version #3

Form Last Revised on December 17, 2008 2