units, each with kitchen facilities and individual electric meters. Code Compliance Service staff's <br />research found no compelling evidence that the three units were legally established and <br />determined that the modifications to the structure were conducted without building permits. In <br />response, 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 applicant <br />intends to modify the structure, creating two attached single-family units so that each unit resides <br />on a different lot. This is intended to meet the code restriction prohibiting triplexes and duplexes <br />in the Fairmount Neighbors area. Code Compliance Services staff are working with the property <br />owner to resolve the issues, given the significant amount of non-permitted work done to the <br />structure, and to bring it into compliance. In order to ensure that the structure and any future <br />modification to it are in compliance with code requirements, the following condition is made a <br />condition of this PUD approval: <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 />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. As addressed below in findings of compliance with EC 9.6815, <br />Connectivity for Streets, the applicant has demonstrated that a connection to the east to Floral <br />Hill Drive is not feasible since it is separated from the development site by the City owned <br />Ribbon Trail and the existing slopes to the east are in excess of 30%. In addition, the private <br />street standards will allow for a more compact design that minimizes grading impacts than <br />would public streets. <br />Residential Development Standards <br />As discussed above, and as recited in the Staff Report, the applicant requests flexibility or <br />exceptions to several of the residential development standards of the R-1 zone. Those requests <br />are evaluated above in findings relate to the lot dimension and density requirements in EC 9.200 <br />through 9.3980. <br />EC 9.8320(11): The proposed development shall have minimal off-site impacts, <br />including such impacts as traffic, noise, stormwater runoff and environmental <br />quality. <br />Finding: Compliance with the PUD criteria and applicable residential development standards <br />discussed throughout this decision, also establish that the proposed development will have <br />minimal off-site impacts consistent with EC 9.8320(l1). The findings above establishing <br />compliance with 9.8320(5), 9.8320(6) and 9.8320(7) establish that the proposed PUD will have <br />minimal off-site impacts and are incorporated here to establish compliance with this criterion. <br />EC 9.8320(12): The proposed development shall be reasonably compatible and <br />harmonious with adjacent and nearby land uses. <br />Hearings Official Decision (PDT 17-1) 77 <br />