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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 for through traffic, they are necessarily streets. We disagree. First, we note that a <br />2 parking drive cannot also be a street, given the definitions of those terms. A parking <br />3 drive is a type of "driveway"--see EC 9.5500(11)(b)(2) (defining "parking drives" as <br />4 "driveways lined with * * * parking spaces, garages, or any combination thereof along a <br />5 significant portion of their length")--and part of the definition of a "driveway" is that it is <br />6 for a projector portion of a project that is "not served by streets." EC 9.5500(11)(b). <br />7 Thus, if a parking drive were a street, it would cease to be a parking drive, because the <br />8 area would be served by a street. <br />9 The fact that parking drives and streets are mutually exclusive is critical <br />10 because, for multiple-family residential developments containing up to 20 units, through- <br />11 motor vehicle traffic is generally permitted on parking drives. See EC.95500(11)(b)(2). <br />12 Thus, the code drafters clearly did not intend the mere existence of through-motor vehicle <br />13 traffic to transform a parking drive into a street. Rather, the code contemplates that there <br />14 will be some parking drives that allow through traffic and some parking drives that do not <br />15 allow through traffic. <br />16 In this case, because the proposed development contains more than 20 <br />17 units, the developer had to obtain an adjustment to allow through traffic. However, as <br />18 explained, that has no bearing on whether the internal parking circulation areas are <br />19 parking drives versus streets. Rather, what distinguishes a street from a parking drive is <br />20 that streets are "created to provide ingress or egress for vehicular traffic to one or more <br />21 lots or parcels." EC 9.0500 (definition of street). On that point, petitioners have <br />16 <br />
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