<br />An existing three unit multi-family building exists on proposed Lots 33 and 34. These lots are <br />located within the boundary of the Fairmount Neighbors association. The existing two-story <br />structure in question was converted into a three unit apartment sometime in the past. <br />Neighborhood concerns with the <br />during the PUD process. Per EC 9.2741 Special Use Limitations for Table 9.2740, triplexes and <br />duplexes are prohibited within the Fairmount Neighbors boundaries. <br /> <br />Based on the concerns of neighbors, staff from Code Compliance Services inspected the interior <br />of the structure and conducted research on the history of its use. Code Compliance Services <br />staff confirm that the structure is set up as three separate living units, each with kitchen <br />facilities and individual electric meters. Code Compliance Service found no <br />compelling evidence that the three units were legally established in the past and that <br />modifications to the structure were conducted without building permits. In response to this <br />issue, the applicant submitted revisions to the site plan (dated November 28, 2017), which <br />reconfigured lot lines so that this structure would be split between Lots 33 and 34. The <br />applicant intends to modify the structure, creating two attached single-family units so that each <br />unit resides on a different lot. This is intended to meet the code restriction prohibiting triplexes <br />and duplexes in the Fairmount Neighbors area. Code Compliance Services staff are working <br />with the property owner to resolve the issues, given the significant amount of non-permitted <br />work done to the structure, and bring it into compliance. In order to ensure the structure and <br />any future modification is in compliance with code requirements, the following condition is <br />appropriate: <br /> <br />Prior to final PUD approval, all requirements of EC 9.2750 Residential Zone <br />Development Standards, including Table 9.2750 and EC 9.2751 Special Development <br />Standards for Table 9.750, shall be met regarding the existing structure located on Lots <br />33 and 34. <br /> <br />Private Streets <br />The proposed PUD includes a private street (Cupola Drive), which is considered to be a feature <br />explicitly included in the application and therefore subject to compliance with applicable <br />standards at EC 9.6875, according to the above criterion. As noted previously, staff accepts the <br />private street proposal in this instance. The applicant does specifically address the criteria for <br />street connectivity exceptions at EC 9.6815 Connectivity for Streets, demonstrating that a <br />connection to the east to Floral Hill Drive is not feasible since it is separated from the <br />development site by the City owned Ribbon Trail and the existing slopes to the east are in <br />excess of 30%. Staff concurs, as discussed in greater detail at EC 9.6815 in this report, that <br />Capital Drive and Cupola Drive are precluded from further connection to Floral Hill Drive due to <br />the location of the Ribbon Trail and the steep terrain of the site. In addition, the private street <br />standards will allow for a more compact design that minimizes grading impacts as compared to <br />public streets. This is generally consistent with a variety of other applicable policies and <br />approval criteria which call for minimizing grade disturbance and natural resource impacts. <br /> <br />Residential Development Standards <br />As discussed previously in this reportincludes flexibility or exception to <br /> <br />Capital Hill PUD (PDT 17-1) February 2018 53 <br />Page 53 <br /> <br />