[WSBARP] Inequitable Downtown Seattle Zoning

[Paul Okner]

Greetings, listmates,



Has anyone dealt with any issues arising from, or challenges to, Seattle’s
downtown zoning restriction set forth in SMC 23.49.048.D related to the
required 80-foot separation between high rise towers above 160 feet?  Or
perhaps folks were involved with proposing or contesting the law at its
adoption?



My concern with this statute is that, in practice, it can result in vastly
unequal application to parcels in the same zone and even in the same block.
For example, if two neighboring parcels in the Downtown Mixed Commercial
zone are each contemplating building a 440-foot tower, but are within 80
feet of each other, only one can build such a tower.  The first one to get
its MUP can go ahead and build its 44-story tower.  However, once that MUP
is granted, the neighboring parcel is severely limited in what it can build
within 80 feet of its new towering neighbor, in some cases being restricted
to a mere 12 stories.  Obviously, this is a huge diminution in value simply
by virtue of being a day late in securing its MUP with respect to the
neighbor.



WA has a pretty well established framework for challenging zoning as a
regulatory taking, or as a due process violation.  Has anyone here raised
any such issues with respect to this Seattle zone or similar zones that can
result in such an asymmetrical application?  Any other thoughts or
knowledge?



Many thanks,

-Paul Okner
*Fremont Law Group PLLC*
3417 Fremont Ave. N.  Suite 225
Seattle, WA 98103
(206) 399 - 1922
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