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05-04-1987 Planning Packet
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05-04-1987 Planning Packet
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I1 <br />) <br />f ’ <br />Zoning File #1139 <br />April 28, 1987 <br />Page 2 of 4 <br />Issue I - Attachment of Structures <br />Reading through Subdivision 12, the definitions Section 10.02, and the <br />remainder of the Zoning Code, there is absolutely no direction as to <br />whether this type of attachment is sufficient to allow the two structures <br />to be considered "attached" for any or all purposes. Building Inspector, <br />Tom Jacobs, notes that the Building Code does not set a minimum distance <br />between buildings, but does require various types of firewalls between them <br />depending on the actual separation distance. He also suggests that in <br />order to attach structures solely through a roof connection, the roof <br />connection should be at least 36" in width, and must serve a purpose, i.e. <br />in this case creates a covered walkway between two access doors. Tom feels <br />that from a Building Code standpoint, the roof connection proposed does <br />constitute attaching the structures. <br />Prom a zoning standpoint, staff is uncomfortable with this type of <br />attachment in relation to Subdivision 12, only because the intent of that <br />section is not totally clear. We have always felt that the 10' structure- <br />to-structure setback standard was for emergency access purposes, but does <br />it also serve an aesthetic purpose? Is that why it has an exception built- <br />in, i.e. exempting "integral parts of the principal structure" from the <br />requirement? What is the definition of an "integral part of the principal <br />building"? <br />Staff's main concern is that we do not want to set a precedent that <br />would result in frivolous connections between buildings to get around the <br />10' setback requirement. <br />Is Planning Commission comfortable with the current proposal? Does <br />Planning Commission wish to consider a future zoning amendment that better <br />defines "attachment" of structures, and/or better defines the purpose of <br />Subdivision 12? <br />If Planning Commission is comfortable with the method of attachment, <br />staff would request that Planning Commission add'ess what types of <br />attachment might not be suitable. If Planning Commission is uncomfortable <br />with the method of attachment because it in effect is "getting around the <br />Code requirement", then are there any hardships or unusual circumstances <br />about this case that suggest a structure-to-structure setback variance is <br />appropriate? <br />Issue II - Side Setback <br />Note that the garage as it exists is 6.7' from the lot line. It was <br />constructed a few years ago to replace a previous garage. At that time, <br />staff did not require a survey since the property owners had agreed to <br />where they thought the lot line was located and the proposed garage was 10' <br />from that line. If the garage is considered as being attached, the the <br />principal structure becomes substandard in side setback and technically a <br />variance is required. If the garage is not attached, then perhaps an <br />after-the-fact variance is appropriate to grant. . . In either case, the <br />effect on the neighboring property is negligible because the garage is <br />there and has been there. Note that under current policy, we would require <br />a survey to construct a detached garage, avoiding the situation encountered <br />with this application. <br />7
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