Sec. 8.3.6. Design Alternates Relating to Blocks, Lots and Access

  1. The Planning Commission or Design Review Commission performing the quasi judicial duties of the Planning Commission (as designated by the City Council) shall conduct a duly noticed, evidentiary hearing, in accordance with Sec. 10.2.18, and approve a design alternate from the provisions of Sec. 8.3.2, 8.3.4 and 8.3.5 relating to blocks, lots and access, upon a showing of all of the findings set forth below:
    1. The approved design alternate is consistent with the intent of Sections 8.3.2, 8.3.4 and 8.3.5;
    2. The approved design alternate does not increase congestion or compromise safety;
    3. The approved design alternate does not conflict with an approved or built roadway construction project adjacent to or in the vicinity of the site (no design alternate shall be approved when the City Council has authorized a roadway project in the vicinity, where the roadway design has not yet been finalized); and
    4. The design alternate is deemed reasonable due to one or more of the following:
      1. Given the existing physical environment, compliance is not physically feasible;
      2. Compliance would not meaningfully improve connectivity;
      3. Compliance is not compatible with adjacent use[s]; or
      4. The burden of compliance is not reasonable given the size of the site or intensity of the development.