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Court of Appeals Decision
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Last modified
12/27/2019 4:01:21 PM
Creation date
12/26/2019 2:48:45 PM
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Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
Appeal Decision
Document_Date
8/14/2019
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Yes
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I exclusive use of the residents in the development" to have a slightly looser meaning than <br />2 the words literally suggest. We understand it to be intended primarily to differentiate <br />3 between residents of the development and the general public. That is consistent with EC <br />4 9.2751(1)(c)(1), which excludes "public parks" and "other public facilities" from the net- <br />5 density calculation, while EC 9.2751(1)(b) otherwise provides for the inclusion of <br />6 "common open space" and "recreation facilities. "5 <br />7 To illustrate, "recreation facilities" are to be included in the net-density <br />8 calculation under EC 9.2751(1)(b), while "public facilities" are to be excluded under EC <br />9 9.2751(1)(c)(1). In context, we understand that to mean that a fitness center built on the <br />10 grounds of an apartment complex for use by the complex residents is to be included in the <br />11 net-density calculation, even if nonresident employees work in the building (as they <br />12 almost certainly will) and even if nonresidents may enter the building as guests of <br />13 residents (as a benefit to the residents), so long as the general public may not use the <br />14 fitness center. Although there may be various ways to express that concept, we do so as <br />15 follows. As used in EC 9.2751(1)(b), we understand land "reserved for the exclusive use <br />16 of the residents in the development" to mean land that nonresidents are excluded from <br />17 using, that residents have the power to exclude nonresidents from using, or that <br />5 Notably, all streets and alleys, both public and private, are excluded from the net- <br />density calculation under EC 9.2751(1)(c)(1). Regardless of the specific policy reasons <br />for that unique treatment of streets and alleys, we do not view that variation in the city's <br />approach as undermining its general intent to distinguish between land used by residents <br />and land accessible to the general public. <br />11 <br />
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