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I <br /> II <br /> . ��. �� <br /> . I <br /> • �I� <br /> 11 � <br /> � <br /> II The ma�or portion of the proposed 414 foot long structure te three � <br /> �'� atories in height which meets the required LO foot side yard setback; <br /> however., ti�c extreme northwes[ corner, for a distance of 66 ::eet, ia <br /> four ntories high which would require an additional 5 foot .setback. <br /> There ie an underground driveway and parl:ing garage which forms a <br />, continuoua loop beneath the buildings, and an attempt to offset the <br />'. I northwest 66 feet of the structure by five feet to meet the side yard I <br /> requirement would disrupt the configuration of the underground acceae <br /> system. The portion of the structure which exceeds the height <br /> i limitation ia the elevator shaft and stairwell. <br /> I ( <br />, Conclusians: Improvement of 99th St. SE would be a benefit to the � I <br />, neighborhood and the Appl<cant would not need the aide yard variance if I <br /> they were not dedicati.ng the 15 feet of right-of-way. In addition, the <br /> Applicant is providing an interior court yard with amenities <br /> approximately two acres in size. <br /> Chimneys and steeples are not conaidered when calculating the height of <br /> a building and it co�ld be argued that an elevator shaft and atairwell <br /> are similar structurea. <br /> B. Preaervation of Property Rights I <br /> Findinge: By dedicating atreet right-of-way for improving 99th St. ;iE, <br /> the Applicant ie looeing approximately 7,000 square feet of eite art�a. <br /> IChurches in tne area may have steeples that exceed the 35 foot height <br /> ' limitation. <br /> Concluaion: This variance would be compatible with the overal.l <br /> development of [he aite and would allow the Applicant to proceed <br /> without madifying the building plans. <br /> C. Public Welfare <br />�' Finding: Conetruction of the elderly congregate r_are facility would <br /> � provide housing for the elderly, and improving 99th St. SE would <br /> �I provide accesa for other property owners. <br /> II (:oncluaion: Granting uf this variance would not be detrimental to the <br /> �� public, in fact, would provide services for the elderly and improved <br /> I acceae for other properties. <br /> � <br /> � D. Comprehensive Plan <br /> �,I <br /> il Findings: The Comprehensive Plan designakes the area for residential I <br /> Iand commercial uses. I <br /> li <br /> I Conclusion: This variance would not adversely affect the compreheneive <br /> ,i plan for the area. <br /> II DECISION I <br /> I <br /> IApprove the variance as requested by the Applicant with the following <br /> conditions. <br /> 1. Meet all conditione as placed by Concomitant Agree��ent to Rezone No. � <br /> 2-84. (See Exhibit 4.) � <br /> j� <br /> VOTE: FOR AGAINST ABSENT ABSTAIN <br /> Mr. Hoagland: R <br /> Mr. Wilson: X <br /> Mr. Zook: X II <br /> Mr. Barnett: X <br /> Mr. Miller: X <br /> I <br /> �.��.4--��-9`--� � <br /> Chairman, Board of Adjuatment <br /> ,i <br /> i� <br />