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and that the requirement is based on bedroom count. Except in the Transit-Oriented Development <br />(TOD) districts where parking requirements are lower, the Zoning Code requires 2.5 spaces for <br />three-bedroom units in multi-family developments, and the half space goes to guest parking. <br />Accordingly, a four-plex of three-bedroom units in a multi-family neighborhood would have two <br />guest parking spaces. The requirement in multi-family developments is 2.25 parking spaces per <br />two-bedroom unit and 1.5 spaces per one-bedroom unit. The fractional amounts in each instance <br />are for guest parking. <br />Commissioner Leichner asked whether lease or Homeowners’ Association prohibitions against <br />CFOs would supersede state law. Planner Barros said yes, just as a home occupation business <br />license cannot be issued to tenants without the landlord’s signature on the application. <br />Commissioner Leichner asked what would happen in the case of a person who lives in an <br />apartment complex and cannot fulfill the off-street parking requirement. Planner Barros said that <br />staff would evaluate that on a case by case basis. The BZA has requested a follow-up report in a <br />year to see how everything is working out in practice. Commissioner Leichner said that the spirit <br />of the law seemed to want to help people in the direst economic straits. <br />Secretary Liao said that we also might expect adjustments in the state law that would address <br />some of the issues the Commissioners are raising. <br />Ms. Faught said a possibility would be to build in an automatic approval for Class B CFOs that <br />declare on their permits that they intend no direct sales, which would exempt them from parking <br />and concentration conditions. In that way, she said, we could avoid imposing the Administrative <br />Exception fee on those who could least afford it. <br />Commissioner Rennie said he was thinking that same way. Direct sales is apparently broader <br />than onsite sales under the statute, he said, but if they won’t be selling products to customers in <br />their homes, the concentration, parking and frontage requirements for those CFOs ought to be <br />eliminated. <br />In any event, Commissioner Rennie said that 300 feet is far too restrictive. It would cover the <br />entire block in some areas, he said, and the one person in an apartment complex lucky enough to <br />get a CFO first would be the only one permitted. If the purpose is to help people supplement their <br />income, the balance of concerns doesn’t seem to be in the right place, he said, adding that <br />walking a few extra feet to get a parking space would be a fair tradeoff. He said that he agrees <br />with Ms. Faught’s suggestion to eliminate the parking, frontage and concentration requirements <br />for applicants declares that they won’t sell food on the premises. Multi-family housing that <br />already has guest spaces included should also be exempted, he said. <br />For those that would engage in direct sales, Commissioner Rennie said 150 feet – about three <br />lots in many neighborhoods – would be more reasonable. <br />Ms. Faught summarized the changes requested by Commissioner Rennie: <br /> CFOs declaring that they will not engage in onsite sales would be exempt from conditions on <br />concentration and 32 feet of on-street parking in front <br /> Changing concentration from 300 to 150 feet spacing requirement <br /> Exempting CFOs in multi-family complexes exempt from onsite parking requirements if they <br />can demonstrate two guest parking spaces are available <br />Commissioner Rennie agreed, except that the multi-family complex CFOs would be able to <br />engage in onsite direct sales.