January 22, 2024

Hearing Examiner nixes 2616 Western tower

Rendering by GGLO [enlarge]

The current design stands at 19 stories and about 184 feet.

The agony continues at 2616 Western Ave., where Saratoga Capital began planning a new high-rise apartment project four years ago. With architect GGLO, a 19-story, 185-unit tower gained city design approval, seemed close to a master use permit, then endured two appeals to the city Hearing Examiner.

The first, filed by Belltown Livability Coalition, was dismissed in the fall of 2022.

The coalition then appealed again last August, on different grounds. Both parties filed summary judgment motions to dismiss the case. The Hearing Examiner granted the coalition's motion earlier this month, ruling that the tower was simply too tall for its lot size, citing city land-use code.

At issue is the city requirement that Belltown lots in that area with less than 19,000 square feet are capped at 145 feet in height — the property's current zoning. (Saratoga's sloping corner site, at Cedar Street, offers about 14,378 square feet.) That's old city code. Saratoga and GGLO used the city's newer Living Building Pilot Program, which grants extra floor area in exchange for various green features, to reach about 184 feet above grade.

Is that the end of the line for 2616 Western? Of course not. Saratoga can appeal the Hearing Examiner's opinion in state court, a process that could drag on for years — and accrue ever more legal fees. Its attorney to date has been McCullough Hill. The coalition's attorney has been Bricklin & Newman.

Or, conversely, Saratoga could resubmit a shorter tower with fewer units, starting design review all over again. In the meantime, it still has tenants in one old apartment building; the old industrial/office building next door looks to be vacant. There's no sign yet of any demolition permits or tenant relocation allowance license from the city.

The Hearing Examiner has also scheduled late February hearings to address secondary design issues raised by the coalition — which is now asking those be canceled and considered moot.