Laserfiche WebLink
Page 10 <br /> MACKALL, CROUNSE S� MOORE <br /> yAugust 18 , 1977 <br /> Page Four <br /> � <br /> • specified in the yard regulations for the district <br /> in which such is located. " <br /> � The width specified for the relevant district , LR-1B , is 10 feet. <br /> � See Ord. No. 31. 450. "Yard" itself is further defined in 30 . 040 as : <br /> "A required open space on a lot, which is unoccupied and <br /> unobstructed from its lowest ground level to the sky <br /> � except as expressly permitted in the Zoning Code . A <br /> yard shall extend along a lot line and at right angles <br /> to such lot line to a' depth or ��idth specified in the <br /> � yard regulations for the district in wnich such lot <br /> is located. " <br /> � <br /> ��Zr. Rhode ' s proposed dwellina meets the letter of the <br /> ordinances . The side yards are at least 10 feet wide measured from <br /> the side lot lines and consist of open space which is "unoccupied <br /> and unobstructed. " Any argument that the ordinances sho�ld be <br /> • interpreted to require the side yard width to be determined from <br /> the border oi a walkway easem�nt which runs parallel to a lot line <br /> or that a walkway easement means that the yard is "occuoied, " is <br /> unwarranted. The subject easements herein are merely walkway ease- <br /> ments and the side yard area over �ahich the easements run will remain <br /> covered by grass and foilage. There is nothing inherent in the walk- <br /> � way easements which detracts from the use of the land as a side yard. <br /> All oi the following historical purposes for creating side yard <br /> � requirements are fulfilled by Mr. Rhode ' s proposed building location: <br /> � 1) There will be more than adequate access to the house <br /> � from all sides in case of a fire; <br /> � 2) Maximum light and air access will be maintained; <br /> i 3) A higher building density will not result from the <br /> purposed construction location; and <br /> � <br /> 4) There will be no detraction from esthetic appearance . <br /> S In fact esthetic appearance and Mr. Rhode ' s desire to have his house <br /> conform to the topoqraphy are the very reasons for its proposed <br /> � location. It would be even more esthetically appealing and would <br /> better conform to the topograpl�y if the dwelling were built closer <br /> � to the snoreline as originally proposed . No�,lever , in a spirit of <br /> cornpromise , A1r. Rhode ' s revised proposal moved the location further <br /> � <br /> � <br />