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sensitivity study (Exhibit C-7) to allow a more conservative estimate based on data. <br />Consistent with the required covenant, any potential tenant with a vehicle must have a <br />parking space assigned or they cannot sign the lease. Mr. Brick testified that, in his <br />experience, the parking covenant is enforceable. The rental leases for the project would <br />explicitly inform potential tenants them they are prohibited from parking in the <br />residential neighborhood parking zone. As he is the person who maintains the list of <br />addresses that qualify for those permits,, he is confident that none would be issued to <br />building residents. Michael Brick Testimony. <br />48. The Appellant did not provide any evidence from transportation engineering <br />professionals regarding the safety of the proposed curb cuts, parking demand, or any <br />other traffic issue. <br />49. Regarding the approved modification to weather protection and canopies of EMC <br />19.31A.040.R, approval of the modifications was conditioned as follows: <br />1) Revise landscape plan to include screening evergreen trees and shrubs within <br />the perimeter landscape area on N. Broadway. Additional ornamental plantings <br />must be added to provide visual interest. Trees shall be minimum of six feet in <br />height at time of planting. This comment applies to Planters B-1, B-2 and B-3 <br />shown on Sheet A1.10 of the plans. <br />2) Provide weather protection a minimum of five feet in depth along the public <br />sidewalk for the entire building fronting on Little Broadway sufficient to meet <br />the EMC 19.31.A.040.R.1. This requirement shall apply to the building only, <br />not landscape areas. Also provide weather protection for all primary building <br />entrances (retail and residential) and the portion of the building fronting on N. <br />Broadway (retail space). <br />Exhibit C-2. <br />50. Planning Staff explained that the City determined that placement of weather protection <br />over the Little Broadway sidewalk would be more effective than a providing it on N. <br />Broadway, due to the expected higher pedestrian activity on the smaller street. <br />Significantly, canopies on the N. Broadway elevation would preclude tree planting, <br />which is felt by the City to be more important on the N. Broadway elevation in order to <br />provide visual screening of exposed concrete building sections along that frontage. Staff <br />asserted that trees cannot be planted under or near canopies. Of note, neither of the <br />existing student housing buildings provides canopies along street frontages for pedestrian <br />weather protection. Exhibits K-3, C-20, and C-21. <br />51. Addressing the challenged curb -cut spacing, flat form, and weather protection <br />modifications, the Applicant noted that the project was specifically designed to be <br />consistent with Mountain View Hall, which was in turn designed by the Applicant to be <br />consistent with the buildings on the campus. The College did not challenge parallel <br />Findings, Conclusions, and Decisions in the Everett Comm. College Appeals of <br />Koz Student Housing Administrative Decisions REV II # 17-016, PDI # 15-02, PDI # 18-02, and SEPA # 17-013 <br />Everett Hearing Examiner page 23 of 32 <br />