A major Main Street project, unsuccessful in getting a variance from the Concord Zoning Board, is asking the city to consider softening its rules on height requirements.

Mark Ciborowski owns Phenix Hall and is in the process of restoring the historic downtown building. He also hopes to turn the sister property next door, site of the former Phenix Hotel, into several floors combining retail, apartments and a rooftop bar. The hurdle is that, as planned, the new building violates two downtown zoning rules: it would exceed the 80-foot height maximum by eight feet and partially block views of the State House dome from the highway. Asserting that each floor of housing and the rooftop bar are essential to the financial viability of the project, Ciborowski sought, but did not receive, variances from the Zoning Board, which also declined to rehear his case Wednesday night.

Now Ciborowski is asking Concord City Council to consider weaving new, more flexible language into the zoning ordinance.

Beyond charting a path forward for the Phenix Hotel project, the amendment would encourage development downtown — a longtime city priority — by carving out more room for projects exceeding the height maximums downtown to get workarounds.

Ciborowski’s proposed amendment would make it possible for developments in the Central Business Performance Zoning District downtown to request a Conditional Use Permit. These permits create criteria for exemptions on projects that may not qualify for a general exception, or variance, from the Zoning Board.

Buildings would qualify for this permit if they only exceed the height limit to the “minimum extent necessary” and by no more than 10 feet, minimize shadow impacts, “provide a positive contribution” to downtown architecture and the city’s skyline and “respect views of the State House Dome.”

The proposed amendment is on the agenda for Monday’s City Council meeting, but councilors may or may not take any immediate action on it, according to the city manager’s office.