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March 18, 2025 <br />Page 7 <br /> <br />For the parking design, the variance criteria are less clear. While the applicant can argue that the <br />addition of an under-building parking tier would meet the technical language of the code, it is very <br />expensive, and would serve neither the needs of the site (since the site would generate very little <br />parking demand whether the supply were built or not), nor would it likely reduce the surface parking, <br />since most employees and all visitors would typically rely on available surface parking. In this way, the <br />variance can be seen as one driven by the unique nature of the use, rather than solely as an economic <br />issue. <br />Staff Recommendation <br />Planning staff recommends approval of the proposed project, including the Conditional Use Permit, <br />Variance for side setback, and Variance for parking. The land use is clearly within the intent of the <br />zoning ordinance, and meets all aspects of the R-4 district with the exception of the two variance <br />requests. For the setback variance, as noted above, staff believes that the existing site dimensions <br />dictate the need for shifting the building toward one side property line or the other, and the north <br />boundary is encumbered by an existing storm sewer installation. It would not be reasonable to expect <br />that some other multi-family building could be built on this property as zoned, without a similar setback <br />variance. <br />The parking variance is a close question. However, given the nature of the use, staff supports the <br />variance as requested. Requiring expensive parking construction that would, in the large majority of <br />cases, go unused is not a reasonable approach to housing development regulation and would <br />unnecessarily increase costs with little or no return in project quality. <br />These recommendations come with a set of recommended conditions, which apply both to the CUP and <br />Variance applications. They are as follows: <br />1. The applicant maintains a policy that prohibits tenants from storing personal vehicles on the <br />premises. <br />2. No conversion of the property to any type of housing that is not specifically designated for <br />assisted living may occur without a new Conditional Use Permit demonstrating compliance with <br />all of the terms of the applicable zoning in effect, including unit count, parking supply, and other <br />factors. <br />3. The retaining wall is designed by an engineer if it remains more than four feet in height. <br />4. The trash enclosure is constructed of materials that match those of the principal building. <br />5. The applicant modifies the south building exposure to add architectural features and interest to <br />both the wall and roofline, subject to staff review and approval. <br />6. The applicant works with the City to sign the emergency vehicle lane along Foss Road for no <br />parking.