Section 91-842 - Authorization to modify design requirements
The City Planning Commission may authorize a modification of the requirements of Section 91-831 (Ground floor requirements), the provisions of Sections 91-832 (Plaza improvements) and 91-833 (Special regulations for plazas less than 40 feet in depth) for publicly accessible open areas and the provisions of Section 91-834 for indoor public spaces. In no event shall an enlargement be permitted within a publicly accessible open area or other required open area unless specified on Map 9 of Appendix A of this Chapter.
In order to grant such authorization, the Commission shall find:
(a) the location, use , access, size and treatment of the enlargement would result in a superior urban design relationship with the surrounding streets , buildings and open areas;
(b) the usefulness and attractiveness of the publicly accessible open area , required open area or indoor public space will be assured by the proposed layout and design, and that such modification will result in a superior urban design relationship with surrounding streets , buildings and public open areas; and
(c) any waiver of required amenities and circulation paths is the minimum necessary to create a better site plan.
The Commission may prescribe appropriate conditions and controls to enhance the relationship between the enlargement , publicly accessible open area , required open area or indoor public space and the surrounding streets , buildings and open areas.