portion of the lot is excluded. Therefore, the application complies with front yard setback <br />requirements to the north.' <br />As to Delta Highway, I agree with VRI that the internal sidewalk is not an "internal <br />accessway" because it does not meet the definition of "accessway" by having 8-foot sidewalks on <br />each side.' Therefore, the proposed building does not meet the front yard setback requirements to <br />the east. The applicant alternatively requests an adjustment to the requirement for at least 25% of <br />street facing facades be within the 25-foot front yard setback for Delta Highway to the east. EC <br />9.2170(4)(e) allows adjustments to the front yard setback standards pursuant to EC 9.8030(2), <br />which provides: <br />"Setback Standards Adjustment. Where this land use code provides that the <br />setback standards applicable to specific zones may be adjusted, the standards <br />may be adjusted upon finding that the proposed setback is consistent with the <br />following applicable criteria: <br />"(a) Minimum and Maximum Front Yard Setback Adjustment. The <br />minimum or maximum required front vard setback may be <br />adjusted if the proposal achieves all of the following: <br />"l . Contributes to the continuity of building facades along the street. <br />"2. Creates an attractive pedestrian environment along all adjacent <br />streets <br />Is compatible with adjacent development. <br />"Maximum front yard setbacks may be adjusted without any requirement for <br />pedestrian amenities if the location of the front yard is unsafe or intrinsically <br />unsuitable for pedestrians or to protect disruption to significant natural <br />resources." <br />The first criterion is whether the adjustment would contribute to the continuity of building <br />facades along the street. The only other fa4ade in the vicinity is McGrath's, which is substantially <br />set back from Delta Highway and not located within the 25-foot setback. There is a steep slope <br />between the property and Delta Highway which would make locating the building within the <br />4 Even if the flag pole portion of the lot must be included in the calculations for the 25-foot front vard setback, I agree <br />with the applicant that an adjustment is warranted for the reasons explained in the applicant's open record submittals. <br />EC 9.2175(3)(a) provides: "Internal Accessways. Accessways are used to provide separation and circulation <br />between individual parking areas on the site. See EC 9?173(4)(b). Accessways used to provide separation between <br />parking areas shall have at least one travel lane, curbs, and sidewalks (minimum 8' in width) on both sides of the <br />accessway." <br />Hearings Official Decision (WG 16-1/SR 16-1/ARB 16-3) 5 <br />