BEFORE THE HEARING EXAMINER OF THE CITY OF SEATTLE In the Matter of the Appeal of SAVE OUR SQUARE, et al., from a Certi?cate of Approval issued by the Director, Department of Neighborhoods Hearing Examiner File: Department Reference: 3017008 PSB 218/15 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL 1. A IDENTITY OF APPELLANTS The appellants are: Save Our Square c/o Leslie Haynes 80 S. Jackson St. #306 Seattle, WA 98104 .(503) 501-6999 Sam Davidson, Davidson Galleries 313 Occidental Ave. Seattle, WA 98104 (206) 624-6700 Fred Holmes, Frederick Holmes Gallery 309 Occidental Ave. S. Seattle, WA 98104 (206) 790-1758 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL 1 Briclclin Neman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264?8600 Fax. (206) 264-9300 Joanne Anna Williams, Flying Shuttle 607 First Av. Seattle, WA 98104 (206) 343-9762 Aaron Barthel, Intrigue Chocolates 157 S. Jackson St. Seattle, WA 98104 (206) 335?6336 David Bovard, Pioneer Pet Supply 87-1/2 S. Washington St. Seattle, WA 98104 (206) 437-8566 Mike Klotz, Derek Shankland, Delicatus 103 First Ave. S. Seattle, WA 98104 (206) 623-3780 Cat Wilcox, Velouria 145 S. King St. Seattle, WA 98104 (206) 788-0330 Kate, Sara and Jessie Poole, Smith Mercantile 208 First Ave. S. Seattle, WA 98104 (206) 919-6978 Erin Soldezzo, Axis Pioneer Square 308 First Ave. S. Seattle, WA 98104 (206) 853-2854 Rolando Salinas, Temple Billiards 126 S. Jackson Seattle, WA 98104 (206) 682-3242 Linda Walsh, Clementine's 310 Occidental Ave. S. Seattle, WA 98104 (206) 935-9400 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL - 2 Brieklin 8.: Newman, LLP Attorneys at law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264-8600 Fax. (206) 264?9300 Keli Faw, Drygoods Design 302 Occidental Ave. S. Seattle, WA 98104 (206) 535-6950 Bronwen Stevenson, Shotgun Ceremonies 206 First Ave. S. Seattle, WA 98104 (206) 372-3349 Ken Rasmussen, Crown Hotel 313 First Ave. S. Seattle, WA 98104 (206) 919?1609 John Siscoe, The Globe Bookstore 218 First Ave. S. Seattle, WA 98104 (206) 682-6882 Sedat Uysdal, Paloma Cafe 93 Yesler Way Seattle, WA 98104 (206) 551-7742 Ben Rainbow, Back Alley Bike Repair Nord Alley Seattle, WA 98104 (206) 307?1179 Mary Hood, historic preservationist 601 Dexter Ave. N. Seattle, WA 98109 (206) 890-6803 Nick Beles, Central Saloon 207 First Ave. S. Seattle, WA 98104 (206)661-8657 Stephanie Lash, Schoenfeld Interiors 115 S. Jackson St. Seattle, WA 98104 (206) 518-5940 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL 3 Bricklin S: Newman, LLP Attorneys at law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 2648600 Fax. (206) 264-9300 Danile Stalcup, Chidori Antiques 108 S. Jackson St. Seattle, WA 98104 (206) 343-7736 Ally Wilson 97 S. Jackson St. #504 Seattle, WA 98104 (206) 55?6034 Craig Maas 97 S. Jackson St. #504 Seattle, WA 98104 (206) 915-6532 Matin Levy 97 S. Jackson St. #505 Seattle, WA 98104 (206) 851-7256 Lisa Ciuzio 97 S. Jackson St. #505 Seattle, WA 98104 (206) 851?73 52 Jack Bennetto 312 First Ave. #3 Seattle, WA 98104 (206) 300-5348 Ward Van Buren, Casco Antiqua, Altstadt 209 First Ave. S. Seattle, WA 98104 (206) 602-6442 Michael Lindsey, Laguna Pottery 116 S. Washington St. Seattle, WA 98104 (206) 682-6162 Adam Michelson 1115 E. Pike St. Seattle, WA 98122 (206) 328?3696 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL 4 Bricklin Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264?8600 Fax. (206) 264-9300 Helena Hoyte Bierly 1000 Alexander Place NW Bainbridge Island, WA 98110 (206) 842-0220 II. IDENTIFICATION OF THE MATTER BEING APPEALED The appellants seek review of the Certi?cate of Approval issued on October 22, 2015 for a project at 316 Alaskan Way South. The Certi?cate of Approval identi?es the applicant as Myer Harrell, 200 Terry Avenue North, Suite 200, Seattle, WA 98109. The Certi?cate of Approval bears the identifying number: STATEMENT OF HOW THE APPELLANTS ARE SIGNIFICANTLY AFFECTED OR INTERESTED IN THE MATTER The appellants represent a broad range of business owners, property owners, and residents in the Pioneer Square neighborhood and beyond who live, work, and own property in Pioneer Square because of the unique historic setting provided by Pioneer Square and/or value Pioneer Square as a part of their city for recreational, historic, and cultural purposes. There is no other place like Pioneer Square in Seattle or the Northwest. The Certi?cate of Approval approves a proposed 12-story building looming over Pioneer Square as being consistent with the historic character of Pioneer Square. The decision is a travesty which signi?cantly and adversely affects each of the appellants and their interests in maintaining the historic character of Pioneer Square. IV. BRIEF STATEMENT OF THE ISSUES ON APPEAL 1. The proposal is inconsistent with the requirements of SMC 23.66.180 which governs exterior building design. The exterior building facades are not of a scale compatible with surrounding structures. SMC 23.66.1803. Window proportions, ?oor height, cornice lines, street elevations, and other elements of the building facades do not relate to the scale of the buildings in the immediate area. Id. The materials do not meet the requirements of SMC 23.66.180.A. Bricklin Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264-8600 Fax. (206) 264?9300 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL - 5 OONON The proposed new construction is not visually compatible with the predominant architectural styles, building materials, and inherent historic character of the District as required by the Department of Interior?s Standards for Rehabilitation with Guidelines for Rebuilding Historic Buildings and the complete series of Historic Buildings Preservation Briefs developed by the National Parks Service. The orientation on this site, the building design, the building materials, color, the building base, street paving (particularly the alley), and curbs all depart from the guidelines for new construction. 3. The project design and contemplated changes to the alley would be inconsistent with the Pioneer Square Preservation Board?s general guidelines for new construction. 4. The proposed new construction is inconsistent with Secretary of the Interior guidelines that discourage new construction in historic districts that is visually incompatible or that destroys historic relationships within the setting; which is visually incompatible in terms of size, scale, design, materials, color, and texture; or which destroys historic relationships on the site. The proposal?s mass, size, scale, and character are not consistent with typical historical architectural development in the District and in the immediate vicinity, through the means identi?ed in the certi?cate or otherwise. 5. The proposed project design does not assure reasonable protection of views from Kobe Terrace Park. SMC 23.66.140D. 6. The Certi?cate of Approval asserts that scale is addressed through window proportions, ?oor height, cornice line, street elevations, and other elements of the building facade. This is an incomplete itemization of factors which affect the scale of the building. The Director failed to' consider all factors which impact the scale. Later, the Certi?cate of Approval asserts that scale is addressed through by the setback of the project?s massing above the lOO-foot level and Bricklin Nevnnan, LL- Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264?8600 Fax. (206) 264?9300 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL 6 elements do not adequately address the out?of?scale character of this lZ?story building looming over Pioneer Square. I 7. The Certi?cate of Approval states that the in?setting of the windows, the use of awnings and ground ?oor baseline, the cornice pattern at 100 feet, and the use of windoWs on the north facade will address the scale of the project. These design elements do not adequately address the out?of?scale character of this 12-story building looming over Pioneer Square. 8. The Certi?cate of Approval states that scale is further addressed through the conditions of the Certi?cate of Approval. The conditions of approval have an inconsequential impact on the scale of the project. The conditions call for setting backthe upper?most amenity ?oor four feet. The upper-most amenity ?oor is over 100 feet above street level. A four foot setback over a hundred feet in the air will be virtually imperceptible from most or all vantage points and will have no signi?cant impact on the perception of the massive building. Another condition requires the project?s cornice line at the 100 foot level to be revised to provide ?additional detailing and depth.? This condition, too, will have an inconsequential impact on the perceived scale of the project. There were no other conditions of approval which relate to scale. The conditions proposed which relate to scale are trivial and re?ect the overall failure of the proposal to protect the character of Pioneer- Square and to meet the compatibility and scale requirements with respect to the immediately surrounding buildings. 9. The Certi?cate of Approval states that the project is generally consistent with the scale, mass and size of several other new developments. This comparison is factually incorrect, irrelevant and inapt. Brieklin 8.: Newman, LLP Attorneys at law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) zetseioo Fax. (206) 2643300 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL - 7 10. The proposal includes discouraged street-level uses without a determination that they are compatible with uses preferred at street level. In fact, the proposed street uses are not compatible with preferred street level uses. See SMC 23.66.130.C. 11. The enclosed rooftop recreational space for the new structure exceeds the 35 percent limitation in SMC 23.66.140.C.4.j .3. 12. The Certi?cate of Approval was issued without the bene?t of an Environmental Impact Statement as required by the State Enviromnental Policy Act. 13. The Certi?cate of Approval was issued without ?rst undertaking an adequate assessment of archaeological resources. 14. The Certi?cate of Approval was issued without adequately assessing the physical impact of demolition and excavation on adjacent properties as required by city and federal guidance documents. 15. The Certi?cate of Approval states the existing garage lacks the ability to convey its historic signi?cance due to extensive alterations and that, therefore, the building is considered ?non- contributing.? These facts and conclusions are incorrect. The building has not undergone extensive alterations. The impact of the limited alterations can be easily mitigated. While we will appeal the demolition decision in a separate superior court lawsuit, to the extent that the Certi?cate of Approval is predicated on these ?ndings and conclusions, we challenge the Certi?cate on the basis of these incorrect ?ndings and conclusions, too. 16. We adopt by reference all issues identi?ed by any other appellant. V. RELIEF REQUESTED Appellants request: Bricklin 8; Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264-8600 Fax; (206) 264?9300 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL - 8 Consolidation of this appeal with the pending SEPA appeal ?led by York Wong and others challenging the threshold determination for this project and with the appeal ?led by these appellants challenging the initial Certi?cate of Approval. 2. Rescission of the Certi?cate of Approval for the reasons stated herein and because the Certi?cate was issued prior to preparation of an Environmental Impact Statement. Dated this 5th day of November, 2015. Respectfully submitted, BRICKLIN NEWMAN, LLP Mad/? 7 655121 Bricklin, ws?an??o. 7583 Attorneys for Appellants 1001 Fourth Avenue, Suite 3303 Seattle, WA 98154 Telephone: 206-264-8600 Facsimile: 206-264-9300 E?mail: Bricklin 85 Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264?8600 Fax. (206) 264-9300 NOTICE OF APPEAL OF SECOND CERTIFICATE OF APPROVAL 9