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MEMORANDUM December 8, 2004 Page 7 that the proposed easements meet the intent outlined in the adopted ordinance (Ordinance #?), refinement plan (Willakenzie Area Plan) and Eugene Code. Kurt, I have an item in my notes that needs additional clarification. Is an Adjustment Review application required to relocate the easement? Kurt added that the applicant is not required to draft a full access easement for these 2 accessways. The applicant can elect to draft an access easement that simply prohibits closure of the accessways between Garden Way and Marche Chase Drive as well as adds language that allows the easement to be relocated in future development. 7. EC 9.3125(3)(d) addresses Building Facades and Ground Floor Windows in S- CN/C Subareas. It is my understanding that there has been a recent staff interpretation of this code standard under the Large Commercial Facilities section of the code (EC 9.21 73(10)) which limits the facades required to comply with this criteria. We have concerns with security and privacy if windows are required on all ground floor facades per the Building Facades and Ground Floor Windows Standards in S-CN/C Subareas. It appears that per EC 9.3125(1)(b) the Building Facades and Ground Floor Windows Standards in S-CN/C Subareas may be adjusted in accordance with EC 9.8030(18). In light of the recent interpretation, how does this impact EC 9.3125(3)(d)? If we need to apply for an adjustment review to these code sections (i.e. limit the required transparent ground floor windows to the street facing facades), what is the chance of approval? Katharine confirmed that a building fasade with a loading dock does not need to comply with EC 9.3125(3)(d). All other facades will need to comply with the criteria under EC 9.3125(3)(d). An adjustment to these code standards is allowed through an Adjustment Review application in accordance with EC 9.8030(18). Katharine, does this interpretation only apply to facades with loading docks or can they be the "back" facades with loading and delivery services (without a specific loading dock)? 8. Can the maximum building height of 50 feet for commercial be adjusted? If not, are there other methods to extend the maximum building height above 50 feet? For example, if the applicant provides retail on a portion of the first floor of a building, can the building height be 65 feet and 4 stories?