RESO 2018-05_201 E 4th Street VAR Open Space

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The project site has special circumstances that warrant approval of a variance. When the building was constructed in a 1986, it was developed as part of Fiesta Marketplace a redevelopment plan featuring a master planned retail, commercial and entertainment center. At the time that the building was constructed the Transit Zoning Code development standards were not in place. The existing ground floor outdoor area will be shared open space for residents and the users of Fourth Street Market and a new outdoor deck and community room are proposed as part of the residential development. Due to existing structural improvements for the building, three of the units lack private open space. To comply with the current development standards for common open space, the existing building would have to be significantly demolished, impacts to the ground floor dining would occur and/or a loss of residential units would occur. This would result in impacts to a popular eating establishment known as Fourth Street Market and would be a significant burden on the property owner. The location of the project and nature of the downtown area, with plazas, courtyards, and outdoor seating areas dispersed throughout the area, provide clusters of outdoor spaces that can be used by residents for sitting, reading, and eating. The project is also located within walking or biking distance (Yz-mile radius) of Sasscer Park, Birch Park and French Park should residents want a larger open space area to conduct recreational activities. As a result, special circumstances exist that support a variance for reduced open space. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The proposal is to convert the second floor of an existing building to residential use; it is not to develop a building on a vacant site. Therefore, there are existing infrastructure and site improvements in place that limit functional and feasible options to provide open space. The units that do not have balconies have large roll up windows that will allow for ventilation and views of Fourth Street, and the existing outdoor courtyard area will be shared use by both the residents and the public visiting Fourth Street Market. The variance is necessary for the preservation and enjoyment of substantial property rights and will preserve the property Resolution No, 2018-05 Page 2 of 7