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Resolution No. 2023-19 <br />Page 4 of 12 <br />Maximum Height (Waiver) <br />The maximum height permitted in the CDR district of the TZC <br />is three stories. As proposed, the maximum height of the new <br />structure would be four stories (58-feet, nine-inches). <br />However, only the stairwell and elevator penthouse will be at <br />the maximum height, and the rest of the four-story structure <br />would be 51-feet, nine-inches in height. <br />The proposed fourth story is needed to make construction of <br />the residential development financially feasible. The gross site <br />area and existing site conditions severely restrict the applicant <br />from providing a site plan that could accommodate the <br />proposed number of units with a three story building type. With <br />the current maximum height restriction, the applicant could <br />propose underground parking to take advantage of the limited <br />gross site area. However, this would result in a project that is <br />financially infeasible. Strict adherence to the maximum height <br />requirement would result in a loss of four residential units, <br />would physically preclude construction of the project, and <br />would preclude the construction of the affordable unit to be <br />dedicated to very-low income occupants. This would also <br />make the project infeasible and would not allow the applicant <br />to achieve the full 27.5-percent density bonus to which the <br />applicant is entitled under State law. <br />Building Size and Massing Standards – Maximum Ratio for <br />each Flex Block story (Waiver) <br />Pursuant to Section 41-2022 of the TZC, the residential <br />building is designed as Flex Block Building Type. The building <br />type establishes a maximum ratio for each flex block <br />story/level. Specifically, the second through fourth floor can <br />only be 85-percent of the ground floor volume/gross floor <br />area. As designed, the second through fourth floor cannot <br />exceed 3,309 square feet. <br />The second through fourth floor of the proposed building <br />exceed the allowable ratio and are 97.9-percent of the ground <br />floor’s volume. The second through fourth floor are proposed <br />to be 3,811 square feet, exceeding the maximum allowable by <br />502 square feet. The proposed site has a smaller than <br />average lot depth and lot width, compared to most lots in the <br />downtown area. Lots in the downtown area range in lot depth <br />and width but are on average 250 feet by 250 feet. The subject <br />site is approximately 100 feet by 125 feet. Without the <br />increase in the allowable building size and massing