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Commission sends building-height issue to planning commission after rooftop restroom request
Summary
After a developer asked to add a rooftop restroom to a building already designed to the 65-foot height limit, planning staff warned about variance legal risks and measurement rules; commissioners directed staff to send the matter to the planning commission to study possible code amendments or exemptions.
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The commission debated whether to allow a rooftop restroom on a project already designed to the 65-foot height maximum and how the city should address similar future requests.
Brad (planning staff) explained that measuring building height depends on roof form and adjacent grade; parapets, mechanical equipment and elevator shafts may be treated differently, and variances carry legal risk if they are perceived as granting special privileges. Brad said legislative code changes—rather than individual quasi-judicial variances—are the safer route when a rule change is sought for broader application.
Commissioners asked technical questions about the project (designed at the 65-foot maximum), whether the elevator shaft was already taller than the roof deck and what a restroom’s height might add. Several commissioners suggested either drafting a narrowly defined exemption for a “sky-deck restroom” or increasing the B3 district height by 10–15 feet; others warned that any exemption must be written carefully to avoid unintended occupiable-space loopholes.
Commissioner comments highlighted competing goals: protect nearby single-family neighborhoods from abrupt height transitions while enabling downtown redevelopment and walkable mixed-use projects. The city manager and other staff noted that future demand for downtown multifamily housing may require revisiting heights to allow viable multi-story designs.
The commission directed staff to forward the topic to the planning commission for study and public hearings, asking that staff examine options including a narrowly defined exemption for rooftop restrooms, a modest height increase in the central business (B3) district, or other code revisions that reduce legal risk.

