Now that the Seattle Landmark Preservation Board has voted to preserve the old Manning's/Denny's building there are sure to be appeals to the decision that could lead to a City Council battle and even to the courts.

The board voted 6 to 3 last week to approve the exterior of the Manning's/Denny's building for landmark preservation, which will place controls over alterations to the 1960s diner, but the developers hoping to build an eight story condo there say they will fight to overturn that decision. Many believe the now boarded up building to be a good example of "Googie," a style of roadside architecture that originated in Southern California.

That puts a large cramp in the plans of owners Benaroya Properties and the developers, Rhapsody Partners, who want to tear down the diner to build a mixed-use development with 261 condominiums.

Board members heard from consultants from California brought in by the Benaroya. Architectural consultant Judith Sobol said the building is "just not Googie." Timothy Rood, an architect and lecturer at the University of California Berkeley, made a case that the architect of the old diner was important in his time, but not notable.

Clarence Mayhew, an architect in the Bay Area who was best known for his work in residential building, designed the Manning's.

Sobol said the eatery is a mutt in the architectural sense, having various characteristics of different styles, but no aspects that are typical of Googie, such as "boisterous" signage and an interactive interior/exterior.

"It's a mixture of a whole lot of stuff," said Sobol. "There's nothing dynamic in the interior of the Ballard Manning's...and certainly nothing in the Denny's."

Larry Johnson, the architect who prepared the nomination for Benaroya, termed the building's design as "Scandigooginesian," for its possible connections to Scandinavian, Googie and Polynesian architecture.

Architects for the developers said there have been too many alterations to the original building to consider preserving it as a landmark. Built in 1964 as a Manning's cafeteria, the Denny's corporation made some significant changes to the diner when it opened there in 1984.

The vaulted ceiling has been lowered, hiding the original curved, wooden beams. Some of those beams have suffered dry rot and other deterioration. The kitchen was expanded, compressing the main dining area.

The original fixtures and seating areas were gutted and replaced. Several storage and mechanical rooms have been removed or converted and a new entryway was built. About 72 percent of the original glass, or glazing, has been removed or replaced from the interior and exterior.

The board's staff submitted its recommendation against designating the building due to loss of structural integrity and a lawyer for the developers and property owner, John McCullough, suggested the board's integrity and public respect would languish if it voted to protect the building.

But board members found it difficult to ignore the building's significance to one of the criteria for designation. To be a landmark, a structure needs only to meet one of six criterions.

Category "F" states: "Because of its prominence of spatial location, contrasts of sitting, age, or scale, it is an easily identifiable visual feature of its neighborhood or the city and contributes to the distinctive quality or identity of such neighborhood or the City."

A few board members live in Ballard or drive by the building often and said they use it as a marker. They recognized that was the case for many in the neighborhood and across the city.

"This building bookmarks the other end of Ballard," said Stephen Lee, chair of the landmarks board.

Located at the corner of 15th Avenue Northwest and Northwest Market Street, with its sweeping, cantilevered roof, it's been called the "gateway to Ballard."

Board member Tom Veith was the first to say he thought the building probably warranted a designation.

"For me personally, it's always been a landmark..." he said. "(Criteria) F is somewhat undeniable."

The board agreed that too much of the interior had been compromised, so only the exterior was approved.

McCullough said the property owners plan to appeal the decision on the basis that a landmark designation will deprive them of their right to make money on the site since it can't be knocked down now. Benaroya bought the site and building from the Seattle Monorail Authority for $12.5 million.

Next, the board's staff will draft an agreement with Benaroya on what controls will be placed on the building. If the property owner does not participate they can appeal to the city's hearing examiner.

The hearing examiner is not permitted to approve any agreement if it effects the property owner's right to get a reasonable rate of return on the property, according to city law.

Several people, mostly Ballard residents, told the board during public comment that the Manning's/Denny's was already a landmark to many, so they should just make it official.

Resident Denise Pardi said Ballard is losing its charm and is starting to look like other overdeveloped neighborhoods. The diner, she said, "is one of the only things that keeps it unique."

A few historic groups agreed the building should be preserved, but architect Arlan Collins told the board "there's nothing left to save."

Alan Michelson, head of the Architecture and Planning Library at the University of Washington, pointed out that one of the leading experts on Googie, Alan Hess, has written several letters to the board in support of preservation.

Still, a big question remains. What will happen to the property if the designation sticks?

Property owners are under no obligation to restore a building once it's selected, nor does the city have any funding mechanism to do so. Rhapsody representatives have said their project wouldn't pencil out if the building had to stay and that restoring the building wasn't likely, either.

Marc Nemirow, a senior executive for Benaroya, said that renting or selling the property would only get a "small fraction" of what he paid for it.

Ralph Allen, an architect with Grace Architects, thinks he has an idea that would allow the developers to move forward with their plans and incorporate the diner. The city just needs to approve an upzone in that area of up to 125 feet, he said. McCullough suggested that was an impractical approach.

Rebekah Schilperoort can be reached at 783-1244 or rebekahs@robinsonnews.com.