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4 <br /> <br />Craftsman <br />Art Deco <br />Mediterranean <br />Contemporary <br />Building Disposition Type Rearyard <br />Courtyard <br />Tower <br />Specialized (discretionary) <br />Courtyard – with one <br />guideline deviation (see <br />Table 4 below) <br /> <br />Table 4: Proposed Guideline Deviations for Eight-Story Settlement Proposal <br />Section Guideline Deviation Staff Recommendation <br />2.7.4.B.2.d Courtyard: <br />Courtyards should <br />be enclosed on no <br />fewer than two <br />sides by the project <br />building. <br />Proposal includes <br />an open-air <br />courtyard above <br />the parking levels <br />that is only <br />enclosed on one <br />side by the project <br />building. <br />Staff recommends approval of <br />this requested deviation as it <br />will result in a better designed <br />building. Specifically, the <br />addition of a second wall to <br />comply with the guideline <br />would hinder the open air feel <br />and would provide no aesthetic <br />or functional benefit to either of <br />the adjacent historic resources <br />or the project itself. The same <br />deviation was approved for the <br />815 Hamilton project for similar <br />reasons. <br /> <br />Both Mr. Carr and Mr. /Mrs. Keyes submitted letters to the City withdrawing their <br />appeals, based on Council approval of the eight-story settlement agreement design as <br />described above. <br /> <br />The third settlement agreement, between the Applicant and J&S Management, involved <br />a set of revised and additional Conditions of Approval to be attached to Council <br />approval of the project. The original agreement included 17 new and revised <br />conditions. <br /> <br />Fire Department and Community Development Department staff, along with the City <br />Attorney’s office, worked through the proposed settlement agreement conditions with <br />the Applicant and identified those that were appropriate and acceptable to the City. In <br />general, the City places conditions of approval on an applicant in connection with a <br />project approval to ensure that certain requirements will be met. Conditions of approval <br />7.C. - Page 4