(Dennis is a dedicated Capitol Hill advocate:
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Chris Leman chairs the City Neighborhood Council:
http://seattle.gov/neighborhoodcouncil/

Larry Hettick is a North Capitol Hill resident )

Subject: Please donate to a court case to strengthen design review and for fairer City response to citizen comments and appeals

Dear neighborhood advocate—

Please join us in donating toward the expenses of Dennis Saxman, a neighborhood activist who has spent countless hours and the better part of a year pursuing a Superior Court case that dramatizes serious problems in Seattle’s Department of Planning and Development, the Hearing Examiner’s office, and the City Attorney’s office. He had appealed the DPD approval of a land use project in Capitol Hill’s Pike-Pine neighborhood–ground zero for badly designed overdevelopment. When the Hearing Examiner sided with DPD, Dennis took the case to Superior Court.

Why the case matters. Dennis has undertaken this effort because he believes that principles important to many Seattle neighborhoods are at stake, and that the project review system as it is currently practices, is just plain unfair. Although no longer a practicing attorney, he benefits from his training and experience as an attorney in California, where he is still an inactive member of the Bar.

Many of us who closely follow the workings of Seattle’s design review process feel that the volunteer review boards, City staff, and the Hearing Examiner often don’t take the design guidelines seriously, using them mainly to favor developers and undermine existing zoning. Bringing this dysfunctional system to the scrutiny of Superior Court poses the real possibility of overturning it, or at least exposing such problems that the Mayor and City Council are forced to improve it.

Few people have the energy and knowledge for an administrative appeal, and then the tenacity to take DPD and the Hearing Examiner to court. Dennis Saxman is that rare person who is seeing his case through, and win or lose, he is helping all of us. His efforts are showing the need for reform not only of DPD and the Office of the Hearing Examiner, but also of the City Attorney’s office, which is being over-zealous in defending the City’s position, and in a number of instances has acted to make citizen appeals particularly difficult.

Summary of the case. Dennis’ appeal to the Hearing Examiner argued that (1) the DPD Director was not justified in making a SEPA determination of nonsignificance; (2) in approving departures from the Land Use Code, the DPD Director had failed to show that development would better meet the intent of the neighborhood’s design guidelines; and (3) that the relevant design guidelines for the neighborhood had not been followed by the Design Review Board in making its decisions.

When the Hearing Examiner sided with DPD, Dennis filed a lengthy Land Use petition urging the Superior Court to find that the Hearing Examiner: (1) did not meaningfully consider and weigh all of the arguments and evidence; (2) did not weigh the credibility of DPD’s and the developer’s testimony and evidence; (3) treated Dennis and DPD differently when it came to the submission of evidence; (4) failed to adequately address appearance of fairness doctrine issues; (5) made errors of facts and law; (6) erred in finding the granting of departures was justified; and (7) erred in concluding that the project was consistent with the design guidelines.

Benefits of the case. Sixteen neighborhoods in Seattle have neighborhood-specific design guideline, and others are about to get them. Despite the guidelines, these neighborhoods continue to experience development that clashes with the neighborhood context—the very problem that neighborhood-specific design guidelines were supposed to solve. Dennis’ research shows that neighborhood-specific design guidelines are meant to control design outcomes, but that design review boards pay inadequate attention to the guidelines and that DPD fails to ensure that they do—in fact, that the DPD leadership regards the guidelines as not being binding.

Dennis’ case may establish a legal precedent that DPD and the Design Review Boards must follow the law and the design guidelines when evaluating projects; and more fully consider and heed public input. A clear victory would mean that the days of lax enforcement of neighborhood design guidelines by the DPD would be at an end and developers would be put on notice that they are required to abide by laws and guidelines proposed by the neighborhoods and enacted by City Council.

Here is Dennis Saxman’s summary of his goals: “In a nutshell, I think multiple design review, departure and SEPA analysis requirements are being ignored. If I prevail in this lawsuit, that should begin to change. I also think it would go a long ways towards beginning the repair of a review process that, as practiced, is highly biased against public appellants such as myself and that is not conducted according to the requirements of the law.”

Should Dennis lose his battle at the Superior Court level, the incredible research he has done may yet help us win the war. He has accumulated powerful evidence of partiality and arbitrariness in the system–evidence that could help push the Mayor and City Council to reform the design review boards, DPD, the Hearing Examiner’s office, and the City Attorney’s office. If you have questions about the case or would like to receive documents about it, contact Dennis Saxman at (206) 328-5326 or [email protected]. The hearing (case no. 08-2-05294-0 SEA) will be held July 7 in King County Superior Court Judge Julie Spector’s courtroom. Citizen observers are welcome and needed.

Please donate. It is especially inspiring that Dennis Saxman has undertaken this case despite chronic poor health and very low income. It is not overdramatic to say that in expending vast amounts of energy and time, he is risking his life for a citizen voice and for good design in Seattle’s neighborhoods.

Your donation, no matter how small, will leverage many times that in Dennis’ donated legal skills. He has unavoidable cash outlays for filing fees, exhibits, and the official transcript that, as appellant, he is required to provide. Just to continue, he needs our help with these costs.

Please join us in donating to this important cause. Checks can be made out to Dennis Saxman and addressed to him at 1717 Bellevue Avenue #205, Seattle, WA 98122.

Larry Hettick (206) 322-7847 [email protected]
Chris Leman (206) 322-5463 [email protected]