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Appeal Final Order
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Last modified
5/19/2022 3:14:53 PM
Creation date
5/19/2022 3:14:14 PM
Metadata
Fields
Template:
PDD_Planning_Development
File Type
ARB
File Year
21
File Sequence Number
2
Application Name
THE HARRY AND ETTA CHASE HOUSE
Document Type
Appeal Findings
Document_Date
5/19/2022
External View
Yes
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a. Two-way driveways shall be a minimum width of 20 feet, one-way driveways <br />shall be a minimum width of 12 feet. <br />b. The maximum driveway width is 28 feet. <br />2. Parking Drives. Parking drives are driveways lined with head-in parking spaces, <br />diagonal parking spaces, garages, or any combination thereof along a significant <br />portion of their length. Parking drives for multiple-family developments with more <br />than 20 units shall be designed so as to permit no through-motor vehicle <br />movements. (See Figure 9.5500(12) Multiple-Family Parking.) <br /> <br />The applicant has proposed a driveway through which one could enter their site on the south side and <br />exit on the north side. The above standard requires that no through-motor vehicle movements be <br />allowed, which the previously described action could be interpreted to be. For this reason, the applicant <br />has requested an adjustment which is subject to the approval criteria below. <br /> <br />EC 9.8030(8): Multiple-Family Standards Adjustment. Where this land use code provides <br />that the multiple-family standards may be adjusted, the standards may be adjusted upon <br />finding that the design achieves all of the following: <br />(e) Site Access and Internal Circulation. The requirements set forth in EC 9.5500(11) <br />may be adjusted in accordance with the criteria in this subsection. In the case of an <br />adjustment, all of the following standards apply: <br />1. Sidewalks may be designed as curbside walks only along those portions of the <br />private streets providing parallel on-street parking. <br />2. Street trees may be placed in tree wells or adjacent to the sidewalk. <br /> <br />The applicant explains that their proposal does not allow for “cut through” traffic as their site, while <br />having two access points on South Garden Way, does not otherwise allow for a vehicle to travel to <br />another location through their site. It is argued that a literal interpretation of the code, dividing the <br />parking area into two separate courts with some form of barrier would result in confusion for users, <br />forcing them to turn around when they realize that they cannot exit the site without doing so. <br /> <br />Part of the purpose of the multiple-family standards is to encourage design that is sensible and <br />compatible with development that is less-intensive. The prohibition of through-motor vehicle can be <br />interpreted as the applicant has, to avoid a scenario where someone can use a parking area drive aisle <br />to gain access to another site or street. As the applicant has noted, their proposed parking area does no <br />such thing, with access only being provided to and from South Garden Way. <br /> <br />Another understanding of the prohibition on through-motor vehicle movement can be understood to be <br />related to sensible design and a physical environment that contributes to, and enhances, the quality of <br />life for residents. In this context, the standard can be understood to discourage a scenario where a <br />parking drive aisle essentially becomes a street, where drivers feel comfortable traveling at a higher <br />speed to make it through a large parking area. The applicant’s site plan does not show any striping, raised <br />crossings, or other features within the parking drive aisle that could help create a safer space for <br />pedestrians crossing the drive aisle to access their vehicles. To ensure the applicant’s request for <br />adjustment will not result in a scenario where the drive aisle becomes unsafe for pedestrians, the <br />following condition is provided: <br />Attachment A
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