HomeMy WebLinkAboutA001 - Council Action Form dated May 26, 1992 t
ITEM #:
DATE: W�2192
COUNCEL ACTION FORM
SUBJECT:
Motion to Set June 9, 1992 as the Date of Public Hearing to Consider a
Technical Amendment to the Zoning Ordinance Regarding Section 29.35,
Multiple Buildings on Single Lots.
ACTION FORM SUMMARY: This is a technical amendment to clarify how
setbacks are measured for more than one principal building on a single
lot, particularly in the case of commercial, industrial, hospital, and
institutional or public buildings.
The Planning and Zoning Commission and staff recommend approval of this
technical amendment which will clarify that setbacks must be maintained
from property lines, however they will not have to be maintained
between the principal buildings as if each building were on its own lot.
This clarification will provide greater flexibility for placement of
commercial, industrial, institutional and public structures.
BACKGROUND:
Section 29.35 Multiple Buildings on Single Lots deals with the special
provisions for placement of more than one principal building on the same
lot. The present text can be interpreted two ways with regard to the
placement of commercial, industrial, hospitals, and institutions and public
buildings. Therefore staff is recommending that the language be clarified
so that all parties interpret it the same way.
The current text is as follows:
Sec. 29.35. MULTIPLE BUILDINGS ON SINGLE LOTS.
More than one principal building may be erected upon a lot in the
case of commercial or industrial buildings or of multiple dwellings,
hospitals, institutions and public buildings, where such uses are
permitted, provided that all yards otherwise required on the lot for
a single building are observed. All area and setback requirements
for multiple dwellings shall be calculated as if each structure was on
its own individual lot. More than one single family or two family
residential structure on the same platted lot is prohibited.
The first sentence in the current text has been interpreted by staff from
both the Department of Planning and Housing and the Building Inspection
office as meaning that each commercial or industrial, principal building
2
must hold setbacks between structures, as well as, from property lines as
if each building were on its own lot (see illustration below).
101
REAR YAM?
YV�IHOUG �' �It YARD
ZO'
Under the staff's interpretation of
this illustration and of Section 29.35, &
30 feet would have had to be maintained ZePNN6� - �o,
between the two principal buildings on "� rid"
this lot.
MTAIL
1�4 6w_ S SI t YP�zp
W1
Others believe the intent of the meaning of the first sentence in Section
29.35 is that setbacks from property lines must be held as required by the
zoning district, however, separation between principal buildings would only
be governed by building code restrictions, based on type of construction
and type of use.
ANALYSIS:
Staff is proposing the following text amendment to better clarify what is
meant in Section 29.35:
Section 29.35 Multiple Buildings on Single Lots.
More than one commercial, industrial, hospital, institutional or public
principal building may be erected upon a lot, where such uses are
permitted, provided that all setbacks from the property line other-
wise required for a single principal building are observed. The
distances between such structures shall be determined by provisions
of the building code. More than one multiple family dwelling is
permitted on a single lot, provided that all area and setback re-
quirements are calculated as if each structure were on its own
individual lot. More than one single family or two family residential
structure on the same platted lot is prohibited.
Staff believes the proposed change to Section 29.35 makes it clear that
only exterior setbacks or setbacks from the property line are to be met
when more than one principal building of a commercial, industrial, hospi-
tal, institutional or public nature is built on a single lot. This change will
. 3
provide more flexibility for commercial, industrial and institutional con-
struction with regard to building placement on the lot.
No changes in meaning are proposed with regard to multiple family dwell-
ings, however the wording is slightly changed to reflect the changes in
the first sentence of Section 29.35. If more than one apartment building
is placed on a lot, setbacks between structures, as well as, from property
lines would have to be maintained as if each building were on its own
individual lot. In addition, area requirements are calculated for each
individual building. In the case of multiple family structures, staff
believes it is likely that these buildings could be sold separately with large
lots being split. This provision would prevent a nonconforming situation
from being created.
The last sentence in Section 29.35 remains unchanged.
The Planning and Zoning Commission reviewed this at their meeting of May
6, 1992 and recommended that it be approved.
ALTERNATIVES:
1. The City Council can approve of the technical amendment to Section
29.35 as proposed and set June 9, 1992 as the date of public
hearing.
2. The City Council can deny approval of the technical amendment to
Section 29.35 and set June 9, 1992 as the date of public hearing.
3. The City Council can refer this item back to City staff for further
information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative #1. This will approve of the proposed change to Section 29.35
and set June 9, 1992 as the date of public hearing. This change will
clarify what is meant by this section of the zoning ordinance, and this new
language and interpretation will provide greater flexibility for placement of
multiple buildings on a single lot in industrial and commercial areas and
also for the location of public buildings, hospitals and institutions.
h\bpo\caf\multiple.5 26