CB 121273 — Version 1 https://webapi.legistar.com/v1/seattle/Matters/16256/Texts/17563 CITY OF SEATTLE ORDINANCE __________________ COUNCIL BILL __________________ ..title AN ORDINANCE relating to historic preservation; imposing controls upon the Burwell 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. ..body 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 March 5, 2025, voted to approve the nomination of the improvement located at 709 14th Avenue E and the site on which the improvement is located (which are collectively referred to as the "Burwell House") for designation as a landmark under SMC Chapter 25.12; and WHEREAS, after a public meeting on April 16, 2025, the Board voted to approve the designation of the Burwell House under SMC Chapter 25.12; and WHEREAS, on June 18, 2025, the Board and the Burwell 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 709 14th Avenue E and the site on which the improvement is located (which are collectively referred to as "Burwell House") is acknowledged. A. Legal Description. The Burwell House is located on the property legally described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 25 NORTH, RANGE 4 EAST W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 15, BLOCK 6, CAPITOL HILL ADDITION TO THE CITY OF SEATTLE DIVISION NO. 1; THENCE EAST 100 FEET; THENCE NORTH 150 FEET; THENCE WEST 100 FEET; THENCE SOUTH 150 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 35 FEET THEREOF; (ALSO BEING KNOWN AS LOTS 8, 9, AND A PORTION OF LOT 10 IN BLOCK 6 OF CAPITOL HILL ACCORDING TO THE UNRECORDED PLAT THEREOF). SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO: SIDE SEWER EASEMENT UNDER RECORDING NO. 8708110941. B. Specific Features or Characteristics Designated. Under SMC 25.12.660.A.2, the Board designated the following specific features or characteristics of the Burwell House: 1. The site. 2. The exterior of the house. 3. Portions of the interior including the following: entry hall, main stair from the first to second floor, parlor, living room, and second floor hallway doors and hardware. C. Basis of Designation. The designation was made because the Burwell 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 the life of a person important in the history of the City, state, or nation (SMC 25.12.350.B). 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. It is an outstanding work of a designer or builder (SMC 25.12.350.E). Section 2. Controls. The following controls are imposed on the features or characteristics of the Burwell 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 Burwell 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 Burwell House that were designated by the Board for preservation. b. Removal of trees less than 4 inches in diameter measured 4-1/2 feet above ground. c. Removal of mature trees when they are not classified as Tier 1/Heritage Tree on the City of Seattle Plant Amnesty List, or Tier 2/Exceptional Tree per The City of Seattle regulations. d. Planting of new trees in locations that will never obscure the view of designated features of the landmark, or physically undermine a built feature of the landmark. e. Planting or removal of shrubs, perennials, or annuals, in locations that will neither obscure the view of designated features of the landmark, nor physically undermine a built feature of the landmark. f. Installation, removal, or alteration (including repair) of underground irrigation and underground utilities, provided that the site is restored in kind. g. Installation, removal, or alteration of the following site furnishings: benches, chairs, tables, swings, movable planters, and trash/recycling receptacles. h. 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 SMC 25.12.720.B or in subsection 2.B.3 of this ordinance according to the following procedure: a. The owner shall submit to the CHPO a Certificate of Approval application. b. If the CHPO, upon examination of the application, 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, and the CHPO shall notify the owner of that determination. 2. If the CHPO does not approve the alterations or significant changes, the owner may submit revised materials to the CHPO, or request consideration by the Board under SMC Chapter 25.12. 3. CHPO approval of alterations or significant changes to the features or characteristics of the Burwell House that were designated by the Board for preservation is available for the following: a. Minor alterations to site grading, soil retention, drainage, or paving, unless the Landmarks coordinator determines it will have no impact on the character of the site. b. New exterior screen doors. c. 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 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 Burwell 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 of the Revised Code of Washington (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 Burwell House 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 Burwell 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 _________________________, 2026, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2026. ____________________________________ President ____________ of the City Council Approved / returned unsigned / vetoed this ______ day of _______________, 2026. ____________________________________ Katie B. Wilson, Mayor Filed by me this ________ day of _________________________, 2026. ____________________________________ Scheereen Dedman, City Clerk (Seal) Erin Doherty DON Burwell House Landmark Designation ORD D1b 2 Template last revised December 9, 2024 2 Version No. 1