4526 FEDERAL AVE 2018-01-02 MF Import

r- L Luther Child Center Special Property Use Permit 7-84 Page -6- 16. The Applicant submitted that. Condition #4 is acceptable to the Applicant and to the Providence Hospital. 17. The Applicant submitted that Condition #3 which requires a 15 foot easement frontage for an existing 36" water main running across the south edge of the property and across the northeast corner of the property is acceptable. However, according to the Applicant the condition does not have to be part of the approval because the Applicant would agree to such an easement without it being a condition of approval. 18. The Applicant objected to Condition #2 requiring dedication of property south to the proposed north right-of-way line on 46th Street S.E. for public right-of-way. Also the Applicant objected to the requirement of a dedication of right-of-way on the southeast and northeast corner of Luther Child Center property. 19. The Applicant submitted that the amount of traffic does not warrant an increase in the size of the right-of-way from 46th Street S.E. 20. The Applicant submitted that the dedication of right-of-way was not connected with the project and there should be other ways of acquiring right-of-way than making it a condition of approval. 21. The Applicant submitted the requested Special Property Use Permit blends in well with the neighborhood and the uses of the neighborhood. It provides solutions to vacancies occurring within the Luther Child Center and also provides space needed for the Providence Treatment Clinic. 22. Witness (Dahl) testified to be in support of the proposed conversion. The witness did claim that he opposed Condition #2 and 0 of the recommended approval. 23. According to witness (Dahl) dedication of right-of-way ofaa on 46th Street S.E. was a requirement of approval previous application by the Luther Child Center. The City did not require the right-of-way as part of the approval of the administration building and thus should be prevented from acquiring the right-of-way at this time. The witness (Dahl) submitted that the acquisition of right-of-way located on the southeast and the northeast corner of the Luther Child Center property will be disruptive to the neighborhood. According to the witness, with the increased size of right-of-way, the street could be improved and become a major arterial. r r (1