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be provided in the overall project, thus reducing the Applicant's ability to <br />achieving the density bonus to which the Applicant is entitled under the Density <br />Bonus Law and affecting the feasibility to construct the project. In order to comply <br />with the required setback requirement and maintain the current proposed unit <br />count, the developer would be required to construct additional floor levels, which <br />would exceed the maximum allowable height as part of the Two -Family <br />Residential (R-2) zoning district, and would further increase development costs <br />making the project economically infeasible. To help alleviate the setback <br />deficiency, the project proposes a 29'-0 3/4" upper -story setback from the rear of <br />the property to control the mass and bulk of the structure towards the rear. <br />Front -yard Fence Height Restriction (Incentive/Concession) <br />SAMC Section 41-610 (a)(1) requires that fencing within the Front -yard area <br />(defined in SAMC Section 41-172 as the yard extending across the full width of <br />the lot, the depth of which is the distance between the front lot line and the main <br />wall of the building.) be a maximum three feet in height on frontages that abut a <br />non -arterial street as designed in the Mobility Element of the General Plan. <br />Maintaining the height restriction would result in reduction in private open space <br />for Unit 1 and trigger non-compliance of SAMC Section 41-622.5 in which no <br />mechanical equipment, such as an AC condenser, may be located between the <br />building wall and the side property line. In order to maintain the current proposed <br />unit count, the developer would be required to fully redesign the site, further <br />increasing development costs and potentially leading to a loss of residential <br />units, and a loss of further private open space. To help alleviate this deficiency, <br />the landscape plans provide enhanced screening proposals which include <br />vertical landscaping elements to ensure a harmonious transition from the front- <br />yard's plants/shrubs to the built structure. <br />Building Separation (Incentive/Con cession) SAMC <br />Section 41-254 (a) requires a minimum setback of 15 feet between primary <br />structures. <br />The proposed development is proposing a reduced setback of 10-feet between <br />the front duplex and the center duplex, and a 9-foot setback between the center <br />duplex and the rear duplex. In order to comply with the minimum building setback <br />requirements, the developer would be required to provide a full redesign of the <br />site and/or reduce the number of units provided onsite. This would result in <br />further increasing development costs and may result in the loss of potential units <br />onsite. <br />Open Space Requirement (Incentive/Concession) <br />SAMC Section 41-255 requires a minimum 100 square feet of private space to <br />be provided per unit in the form of a private patio or deck, with minimum <br />dimensions of eight (8) feet. <br />Resolution No. 2024-036 <br />Page 6 of 11 <br />