sponsor has elected to utilize planning code 1756 to seek approval under heavy commercial, the c.m. zoning district and 40 x height district. under the neighborhood's control, it is urban mixed use and is within a height and bulk district. the sponsor seeking conditional use authorization to provide a rear yard that doesn't meet 134, 14 requires that the rear yard at the lowest level have a dwelling unit. it does not provide a rear yard where two units located that provides that at the second level and above. the response err seeking conditional use authorization to for the comply with exposure for nine units. the section 140 requires dwelling to open into a rear yard. these nine units open on to the rear yard which is not code compliant, therefore, the project doesn't provide exposure for the units. the project sponsor seeking conditional use authorization to establish dwelling units within the c.m. zoning district. commissioners project proposed 20 dwelling units as an infield development site within an existing urban area which permits dwelling units. it addresses the need for two bedro