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Home My WebLink AboutA001 - Council Action Form dated September 9, 2003 ITEM # 3 DATE 09/09/03 COUNCIL ACTION FORM SUBJECT: A TEXT AMENDMENT TO THE ZONING ORDINANCE REGARDING SETBACK REQUIREMENTS FOR CORNER LOTS IN THE RL, RM,AND UCRM ZONING DISTRICTS. BACKGROUND: CURRENT CORNER LOT SETBACK REGULATIONS. In May 2000, a new provision was included in the Zoning Ordinance regarding corner lots and setbacks. That provision is included below: Section 29.402(5) Through Lots and Corner Lots. On through lots and corner lots with two or more abutting streets, the required front yard setback shall be provided on all streets. The requirement for through lots to provide the required front yard setback adjacent to both abutting streets was included in the previous Zoning Ordinance. However, the inclusion of corner lots in this provision was a new requirement with the Zoning Ordinance revision in May 2000. The concept is that for corner lots, which may have side yards abutting a front yard of an adjacent interior lot, the side yard setback abutting the street should be the same as the front yard setback of the adjacent lot. If there was a smaller setback requirement for the side yard of a corner lot, there is the potential for the corner lot side yard to have a negative impact on an interior lot front yard (see Attachment A). This is a very good concept and excellent regulation when it is applied to newly developing areas where the additional setback requirement can be taken into account when the lots are created through subdivision. After administering this provision for the past three years, staff has come to realize that this is an awkward regulation when applied to existing lots that were created prior to the requirement for two front yard setbacks for corner lots. This is mainly the case for lots in the areas Zoned RL, RM, and UCRM. Many of these older lots are smaller than the lots being created in new developments. Applying a 25-foot setback to an area where the previous setback requirement was only 15 feet makes it difficult to construct additions on these existing structures. Since May 2000, the Zoning Board of Adjustment has reviewed numerous Variance requests regarding "side yard"setbacks on corner lots.Almost without exception, these Variance requests involve properties that were created prior to the adoption of the current regulation that are located in either the RL, RM, or UCRM Zoning Districts. Furthermore, in many cases, the additional 10 feet of setback that is now required, makes the existing structure non-conforming. PROPOSED CORNER LOT SETBACK REGULATIONS. For the above-mentioned reasons, staff is proposing the following text amendments (changes are noted in bold italics or cfriGken thro io): Section 29.402(5)Through Lots and Corner Lots. On through lots and corner lots with two or more abutting streets, except lots within the RL, RM, and UCRM Zoning Districts, the required front yard setback shall be provided on all streets. Section 29.408(2) Fences (b)(i) The maximum height for fences in required front building setbacks, and the side yard setbacks adjacent to public right-of-way, in the case of corner lots, is 4 feet... Section 29.408(7) Requirements for Private Garages and Other Accessory Buildings. (a)(i) Location Within Setbacks a. No detached garage or accessory building is allowed in the front yard, or within the side yard setback adjacent to public right-of-way in the case of corner lots. Table 29.701(3) Residential Low Density RL Zone Development Standards DEVELOPMENT SINGLE FAMILY TWO FAMILY DWELLINGS STANDARDS Minimum Principal Building Setbacks: Front Lot Line................... 25 ft. 25 ft. Side Lot Line..................... 6 ft.; or 6 ft.; or 8 ft. for 2 stories 8 ft. for 2 stories 8 ft. for 3 stories 8 ft. for 3 stories 15 ft. for side lot line abutting 15 ft. for side lot line abutting public right-of-way on a public right-of-way on a corner lot corner lot Rear Lot Line................... 20 ft. 20 ft. ............ Previde 2 fFeRt yard and 2 Dreyide 2 frnnf yard anal 7 irlo &ide yards yards 2 Table 29.702(3) Residential Medium Density RM Zone Development Standards DEVELOPMENT STANDARDS RM ZONE Minimum Principal Building Setbacks: Front Lot Line......................................... 25 ft. Side Lot Line.......................................... 6 ft. for one story 8 ft. for 2 stories 10 ft. for 3 stories 20 ft. for 4 stories 15 ft. for side lot line abutting public right-of- way on a corner lot Side Lot Line (party wall for Single Family... 0 ft. Attached Dwellings) Rear Lot Line(single family attached with.... 0 ft. party wall) Rear Lot Line(All other rear yard lot lines.... 25 ft. except party wall line) Comer Lets............................................ Prov+d2fFORt yaFdS and 2 side ya Fd Table 29.703(3) Urban Core Residential Medium Density (UCRM) Zone Development Standards DEVELOPMENT STANDARDS UCRM ZONE Minimum Principal Building Setbacks: Front Lot Line......................................... 25 ft. Side Lot Line.......................................... 6 ft. for one story 8 ft. for 2 stories 8 ft. for 3 stories 15 ft. for side lot line abutting public right-of- way on a corner lot Side Lot Line(party wall for Single Family... 0 ft. Attached Dwellings) Rear Lot Line(single family attached with.... 0 ft. party wall) Rear Lot Line(All other rear yard lot lines.... 20 ft. except party wall line) Lerner 6ets............................................ Prn-vide-2frent yaFdr, and 2 side yards 3 The first proposed change listed above is to Section 29.402(5), which is the general standard requiring that corner lots provide two front yard setbacks along both streets. The proposed change will except out all properties zoned RL, RM, and UCRM. The overwhelming majority of the properties in these Zoning Districts were created prior to the two front yard setback regulation being implemented. The second proposed change is to Section 29.408(2), which regulates fences. The current regulation limits the height of fences within the front yard setback area to four feet. Currently, for corner lots this would be along both setback areas adjacent to the streets. The reason for this requirement it to limit the height of fences adjacent to public streets and sidewalks to minimize the "tunnel effect" created by taller fences. The proposed change would continue to limit the height of fences to four feet in the front yard setback area. It would also limit the fence height to four feet in the side yard setback areas adjacent to public rights-of-way in the case of a corner lot. The third proposed change is to Section 29.408(7), which regulates the setback requirements for detached garages and accessory buildings. The current regulation prohibits detached garages and accessory buildings from being located within the front yard setback area. Again, under the current regulations, these structures would be prohibited within both front yard setback areas adjacent to the public right-of-way. The reason for this requirement is to keep the setback areas adjacent to public right-of-way open and unobstructed. The proposed change would continue to prohibit these structures from being located within the front yard. It would also prohibit these structures from being located within the side yard setback areas adjacent to the public right-of-way in the case of a corner lot. The remaining three proposed changes are to the Development Standards tables for the RL, RM, and UCRM Zoning Districts. The proposed change in these three tables simply eliminates the current corner lot setback requirement and creates a 15-foot setback requirement for the side lot line abutting a public right-of-way. The 15-foot setback requirement is consistent with the previous Zoning Ordinance setback requirement for street-side, side yard setbacks for corner lots. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning & Zoning Commission reviewed the proposed text amendments to the Zoning Ordinance at their meeting of August 20, 2003 and recommended approval. 4 ALTERNATIVES: 1. The City Council can approve the recommended text amendments to the Zoning Ordinance regarding setbacks for corner lots in the RL, RM, and UCRM Zoning Districts. 2. The City Council can deny the recommended text amendments to the Zoning Ordinance regarding setbacks for corner lots in the RL, RM, and UCRM Zoning Districts. 3. The City Council can approve the recommended text amendments to the Zoning Ordinance regarding setbacks for corner lots in the RL, RM, and UCRM Zoning Districts, with modifications. 4. The City Council can refer the recommended text amendments to the Zoning Ordinance regarding setbacks for corner lots in the RL, RM, and UCRM Zoning Districts back to staff for further review and comment. MANAGER'S RECOMMENDED ACTION: It is recommended that Alternative #1 be adopted. Alternative #1 recommends that the text amendments to the Zoning Ordinance regarding setbacks for corner lots in the RL, RM, and UCRM Zoning Districts be approved. Staff believes that the current corner lot setback requirement to provide two front yard setbacks adjacent to each adjoining street is inappropriate for lots created prior to the adoption of the regulation in May 2000. Staff is proposing text amendments that will eliminate the two front yard setback requirements for properties in the RL, RM, and UCRM Zoning Districts. These districts contain the majority of the residential lots that were created prior to the adoption of the regulation. Two front yard setbacks will still be required in all other Zoning Districts. Staff believes that implementation of the proposed text amendments outlined in this Action Form will provide for a more appropriate regulation, which can be administered fairly to both existing lots, as well as newly created lots. COUNCIL ACTION: Attachment 5 S. I .rx 4' � htq.S Y Front Yard of interior lot 4 adjacent to "Side Yard"' E & of Corner lot. ,,..... � ��,•-� ��i�v ``,ha„ � "' "..;;� l�n��S�s .vim FF snzl.,.� & x�ui:.; 9 .. � CJ r - "Side Yard" of Corner Lot 0,2'e G to T�y ,.�..:.✓ � ANY`,. - TY. Attachment A N Corner Lot Example W E S 0 50 100 200 Feet