MYNORTHWEST NEWS

Judge rules against city’s “spot” zoning; Showbox future in doubt

Jun 21, 2019, 12:23 PM | Updated: 3:46 pm

Showbox Market Seattle 620...

The Showbox Market in downtown Seattle. (Michael Simeona, KIRO Radio)

(Michael Simeona, KIRO Radio)

Declaring that the Seattle City Council violated the U.S. Constitutional rights of the Showbox property owner, a King County judge on Friday voided the city’s restrictions on the parcel and cleared the way for the sale of the land beneath the popular downtown music venue.

Judge Patrick Onishi’s sweeping ruling held that the temporary, historical district designation approved twice by the City Council was nothing more than an illegal “spot zoning” that violated property owner Roger Forbes’ federal due process and equal protection rights.

“We thank Judge Onishi for his ruling today that the City Council’s ordinance concerning 1426 First Avenue is illegal and void. The owners of 1426 First Avenue will now consider next steps concerning the use of this property and will also continue to engage with the Landmark Preservation Board during their review process,” a representative of Forbes said in a news release after Friday’s ruling.

During the past 12 months, the city council had twice approved extending the Pike Place Market Historical District to include the the Showbox land after reports emerged that Forbes had agreed to a $40 million deal sell the land to a developer for a 44-story apartment building.

warrant
Outline of Pike Place Market Historical District with the Showbox addition in grey. (File)

Forbes sued the city following the council’s vote to thwart the development by including the parcel in a historical district half a block away. The council, with public support from local music celebrities and fans, defended its decision as necessary to preserve Seattle’s music and entertainment culture.

Seattle-area musicians rally to save The Showbox

But legal experts at the time expressed skepticism over the council’s plan because it plucked out a single parcel of land in the middle of a block for markedly different zoning than surrounding property — a process derisively  called “spot zoning” by land-use attorneys.

Judge Onishi agreed and said the city of Seattle had no one to blame but itself as it had upzoned that exact parcel years earlier to allow for the type of building the developer had planned. Onishi called the council plan an “illegal spot rezone,” that as of Friday is “hereby void.”

The ruling leaves open Forbes claim for $40 million in damages as a result of the buyer pulling out of the deal when the council voted for the rezone.

Guns N’ Roses Duff McKagan wants to save iconic Seattle venue

The Pike Place Market Historical District, created by a public vote in 1971, has never included the land under the Showbox in its preservation boundaries, despite multiple revisions to those boundaries since its creation.

Barring an appeal of the ruling by the city, efforts to save the iconic music venue appear to have stalled. Although a city board is set to designate the Showbox an official landmark, that only protects specific elements of the building and doesn’t guarantee preservation of the venue.

Historic Seattle had also recently offered to purchase the building from Forbes, but has made little progress since it first proposed the idea to Forbes in May.

KIRO Radio’s Mike Lewis contributed to this report.

MyNorthwest News

Image: In-N-Out Burger announced on its Instagram and Facebook pages April 9, 2024 that it was "wor...

Steve Coogan

In-N-Out plans to open second Washington location, but has no plans to go north

Restaurant chain In-N-Out Burger said Wednesday it plans to open a second location in the state of Washington and its second in Clark County.

5 hours ago

It has been a decade since the Oso landslide swept through Oso, taking 43 lives. (Photo: Chris Sull...

Nate Connors

Snohomish County Search and Rescue seeks volunteers amid uptick in missions

Snohomish County Volunteer Search and Rescue typically has 500 volunteers, but as we head into the busy season, it's down 60 people.

10 hours ago

Photo: Everett Clark Park gazebo....

Feliks Banel

Citizens beg City of Everett to compromise on dog park and gazebo

The Everett Historical Commission voted to postpone taking action on the city's request for permission to demolish the Clark Park gazebo.

12 hours ago

Sue Bird #10 of the Seattle Storm looks on during warm ups before the game against the Los Angeles ...

Heather Bosch

Storm announce the return of Sue Bird 

Seattle basketball legend Sue Bird is returning to the WNBA Storm -- as an owner, the team's ownership group Force 10 Hoops announced.

13 hours ago

General view of some 500 cars parking inside the new Hybrid and PHEV Vehicles Stellantis Group eDCT...

Bill Kaczaraba

Electric vehicle rebates coming this summer for Washingtonians

Washington motorists will get an opportunity to benefit from new state rebates for electric vehicles (EVs) starting this summer.

14 hours ago

Photo: Sextortion is a growing trend but Meta is taking steps to stop it....

Micki Gamez

Sextortion is trapping our teens but one major company is working to stop it

Sextortion is a recent online phenomenon that is considered image-based sexual abuse and Psychology Today calls it a worldwide crisis.

14 hours ago

Judge rules against city’s “spot” zoning; Showbox future in doubt