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06-16-1986 Planning Packet
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06-16-1986 Planning Packet
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ti: <br />V i- <br />Zoning File #1035 <br />June 12, 1986 <br />Page 2 of 3 <br />The definition of "through lot" requires two, parallel streets. <br />In this case where the subject property can be accessed by either <br />Hanlon Avenue or the alley, Hanlon Avenue technically would seem to be <br />the primary means of access and the alley is secondary, even though <br />the alley is used by the property owners and is maintained by the <br />City. Since Hanlon Avenue is 60' wide, it would seem to meet the <br />definition of "street" as used in the definition of "through lot". <br />But, looking at the definition of alley, i.e. right” Df~way <br />affording a secondary means of access to a property, what about the <br />house at the very end of Hanlon Avenue, which is abutted on but not <br />served by Hanlon Avenue. The only usable access to the property is <br />over this alley. Does that mean this alley is really a street, <br />providing primary access, (even though it is not 50’ wide)? If so, is <br />the entire alley considered a street, or just the portion adjacent to <br />the last house? <br />The Zoning Code does not address setbacks from alleys, except <br />that a garage opening toward a street or alley must be 30' back. <br />On lakeshore lots, our current and scon to be amended codes <br />specify which setbacks apply for an accessory structure on the street <br />side of the property. The question is, on a non-lakeshore lot, if an <br />alley functions as the primary access for property, and there is no <br />other suitable access provided, is the alley really a street for <br />purposes of defining setback requirements? <br />Staff feels the definition of street needs to be changed to not <br />include the 50' width performance standard in the definition, and then <br />define street solely as dedicated public right-of-way providing the <br />priipary access to abutting property. <br />To Siunmarize: <br />1. Does the fact that the alley provides the only practical means of <br />access to the last house on Hanlon Avenue mean that the alley is <br />really a street? Do any other facts lead you to a conclusion that <br />this alley is really a street for setback purposes? <br />2. If answer to #1 is yes, do you agree that this is a "through" lot <br />width 2 "front" yards? If so, then you are requested by applicant to <br />grant a variance to the 50' "front" setback required from the lot line <br />at the alley, to allow a 10' setback, and to grant a conditional use <br />permit for accessory structures on a "through" lot. <br />3. If answer to #1 is no, then the alley lot line is treated as a <br />rear lot line, requiring a 10* setback (as proposed) if the garage <br />doors open to the side (as apparently proposed). In this case no <br />setback variance is required.
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