For zoning lots containing a FRESH food store and residences, the City Planning Commission may authorize modifications to Sections 35-65 (Height and Setback Requirements for Quality Housing Buildings), or to the height and setback regulations of any Special Purpose District where maximum height limits apply to allow the applicable maximum building height to be increased by up to 15 feet and by up to one story, provided that the portion of the first story occupied by a FRESH food store has a minimum finished floor to finished ceiling height of 14 feet, and provided that such finished ceiling height is at least 14 feet above the base plane or curb level, as applicable.

In order to grant such authorizations, the Commission shall find that:

(a)        such modifications are necessary to accommodate a first story utilized as a FRESH food store;

(b)        the proposed modifications shall not adversely affect the essential scale and character of the adjacent buildings and any adjacent historic resources; and

(c)        the proposed modifications will not unduly obstruct access to light and air of adjacent properties.

The Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.