LivingStrong Appeal <br />October 12,2020 <br />Page3 <br />decisionis not holdingthe applicant to both parts of this standard. The decision fails to <br />address this legal argumentin the June26 letter. <br />Original Condition (g):All freight loading activities shall occur on-site with no <br />maneuvering needing \[sic\] to require use of the right-of-way. Any service <br />drives shall be designed as such. A temporary access to Coburg Road for the <br />freight loading north of the Shopko building will be permitted if Crescent <br />Avenue has not been improved. This temporary access will need to be removed <br />and replaced with landscaping (as per the approved landscape plan) once <br />CrescentAvenue is improved. <br />There is no evidence in the record that WinCo’sproposed truck route will occur “on- <br />site”-meaning the private propertyincluded in the Site Review Modification application. <br />Therecord shows WinCo trucks will need to maneuver on adjacent property to the east <br />that is subject to a different Site Review application approved for the Crescent Medical <br />Clinic, LLC. If the Site Review Modificationhadincluded the land inside the private <br />shared access agreementthat could have been construed as being “on-site”. This was not <br />done, nor wasthere any analysis of howthe substantial increase in freight loading <br />activities will impact the safety of pedestrians or bicyclists. <br />2.The Director erred in findingthe proposed modification will NOT result in <br />insignificant changes in physical appearance of the development, the use of <br />thesite, and impact on the surroundingproperties.Thechanges will be <br />significant. <br />Living Strong, LLC owns the new apartments on the north side ofCrescent Avenuethat will face <br />WinCo’s proposed reconfigured loading docksand waste area.Living Strong, LLC and <br />residents living in theapartments will be directlyandadversely impacted by the proposed new <br />2 <br />development. <br />a.Significant ChangeinPhysical Appearance:The Director’sdecisionfails to <br />adequately address the physical appearance issues at page 7 in our June26 letter and fails <br />to demonstrate the proposal meets the “insignificant”test in this standard.The Director <br />erroneously compares the proposed changedappearance to other large commercial <br />development in the area to make the “insignificant”determination. Comparison with the <br />surrounding uses is not a part of thestandard.TheDirector also conflates the <br />insignificant changein appearance standard with the before and after size, bulk and <br />square footage of the building. Similarly,theDirector conflates theinsignificant physical <br />change in appearance standard with subjective judgments about thequality of the visual <br />impacts of the before and after development.The changes in physicalappearance will <br />not be insignificant. <br />2 <br />Living Strong, LLC owns The McKenzie at Crescent Villagelocated on Assessor Map 17-03-16-23, Tax Lots <br />5800 and 5500, see ExhibitC–AssessorMap. <br /> <br />