The Deputy Director created a paradox where gentle density is impossible in our zone. By classifying it as "Multifamily" (Too Dense), he stripped away State protections. This triggers massive commercial road mandates that physically destroy any chance of a modest starter home.
1. The "Permissive" Inversion
State Law (HB 1110) guarantees Middle Housing "unless higher densities apply." This clause was written as a floor—ensuring the law sets a minimum baseline.
2. Turning a Floor into a Ceiling
The Deputy Director inverted the intent of the law. He argued that because our zone theoretically allows higher density (big apartments), the entire section of the code protecting Middle Housing is "not applicable."
3. The Circular Paradox (The Smoking Gun)
Staff claims Middle Housing is banned in our zone (R-M2) because it is "High Density."
However, there are multiple examples in the code that contradict this interpretation. For instance, density rounding rules explicitly regulate "Middle Housing developments" in our exact zone.
The most glaring contradiction: The City Code explicitly allows Middle Housing in the R-M3 Zone (BMC 12.06.140.B.6)—which is even higher density.
It is legally incoherent to ban housing in R-M2 as "High Density" while explicitly allowing it in the denser R-M3. This creates a clear contradiction in the City's logic.
The Proposal: A 4BR Family Home + A Detached Starter Home. Fits the neighborhood perfectly.
