Sammamish Unified Development Code

Protection and Preservation of Landmarks | Development Standards

proposed alteration; and, in the case of proposed demolition, after renovation of the landmark for continued use; d) In the case of proposed demolition, the testimony of an architect, developer, real estate consultant, appraiser or other real estate professional experienced in historic restoration or rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing landmark; e) The unfeasibility of new construction around, above, or below the historic resource;

5. Any adverse economic impact caused intentionally or by willful neglect shall not constitute a basis for granting a certificate of appropriateness.

H. Appeal procedure

1. Any person aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark or issuing or denying a certificate of appropriateness may appeal such decision in writing to the hearing examiner, within 21 calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness. The written notice of appeal shall be filed with the historic preservation officer and the City clerk and shall be accompanied by a statement setting forth the grounds for the appeal, the appropriate fee, supporting documents, and argument. 2. If, after examination of the written appeal and the record, the hearing examiner determines that: a. An error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration; or b. The decision of the commission is based on an error in law, it may modify or reverse the decision of the commission. 3. The hearing examiner’s decision shall be based solely upon the record of the proceedings. 4. The hearing examiner shall take final action on any appeal from a decision of the commission by adoption of a

f) Potential economic incentives and/or funding available to the owner through federal, state, county, City or private programs. iv. The owner has the present intent and the secured financial ability, demonstrated by appropriate documentary evidence, to complete the alteration. 3. Notwithstanding the foregoing enumerated factors, the property owner may demonstrate other appropriate factors applicable to economic return. 4. Upon reasonable notice to the owner, the commission may appoint an expert or experts to provide advice and/ or testimony concerning the value of the landmark, the availability of incentives and the economic impacts of approval, denial or partial denial of a certificate of appropriateness.

Effective | January 1, 2022

Title 21: Sammamish Development Code | 393

Made with FlippingBook Ebook Creator