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Code Section: 132
Subject: Front setbacks
Effective Date: 1/86
Interpretation:
A retaining wall held the grade of Mullen Street. The grade of the lot immediately behind the street line was much lower than the grade of the street. The house was set back from the street line but was built high enough to rise above the level of the street and had a bridge crossing from the street to the house entrance. There was a required front setback. In this case one could not build in the required front setback even though that addition would be below the grade of the street and could not be seen from down the street.
Subject: Pedestrian bridge or driveway in front setback
Effective Date: 04/01
Interpretation:
An interpretation of Planning Code Section 132, dated 1/86, states that where a retaining wall holds the grade of the street and a house is set back from the street, with a bridge crossing from the street to the house entrance, and where there is a required front setback one could not build in the required front setback even though the addition would be below grade of the street and could not bee seen from down the street. The Zoning Administrator wishes to clarify that this interpretation applies to the development of habitable space, or non-habitable rooms, such as storage rooms below street grade, but more than 3above natural grade in the front setback area.
Please note that this Interpretation does not apply to construction of a "bridge" in the front setback area that provides necessary access to a dwelling unit on a down sloping lot. This is supported by language in Section 136(c), which defines permitted obstructions, specifically in Subsections (14) and (30). Section 136(c)(14) states that "[s]teps of any type not more than three feet above grade, and uncovered stairways and landings not extending higher than the floor level of the adjacent first floor of occupancy above the ground story, and, in the case of yards and usable open space, extending no more than six feet into the required open area for any portion that is more than three feet above grade, provided that all such stairways and landings shall occupy no more than 2/3 the buildable width of the lot along a front or rear building wall, 2/3 the buildable length of a street side building wall, or 1/3 the length of all open areas along the buildable length of an interior side lot line;
Section 136(c)(30) states that "[d]riveways, for use only to provide necessary access to required or permitted parking that is located on the subject property other than in a required open area, and where such driveway has only the minimum width needed for such access;
The Zoning Administrator notes that Subsection 30 does not limit the height above grade of such vehicular access, and that Subsection 14 allows uncovered stairways and landings as long as they do not extending higher than the floor level of the adjacent first floor of occupancy above the ground story in a required setback. Therefore, a pedestrian bridge or a driveway over the front setback on a down sloping lot, which is necessary for access from the street to a dwelling unit, and which has only the minimum width needed for such access, and which does not extend higher than the floor level of the adjacent first floor of occupancy above the ground story would fall under the provisions of Section 136(c)(14) and/or (30) and would not trigger the need for a variance.
This has been the practice of the Department for many years, but no written interpretation has ever been made.
Code Section: 132(a)
Subject: Front setback calculation
Effective Date: 12/86
Interpretation:
When an adjacent lot is vacant but has a DCP approval for a proposed building, we will consider the proposed building in calculating the front setback for the subject lot as long as the application or permit for the DCP-approved building is active.
Code Section: 132(b)
Subject: Front setbacks
Effective Date: 2/86
Interpretation:
The averaging method can only be used to place the subject building no further forward than the front wall of the more forward adjacent building which wall is used to determine the setback.
Code Section: 132(b)
Subject: Alternative front setback averaging method
Effective Date: 3/88
Interpretation:
In a zoning district where setbacks are determined by averaging, a portion of an existing building is already built to the street line for a width of more than 25 feet next to a building with a setback. A portion of the building is set back from the street line. This "notch" is adjacent to a building with no setback. This notch could be filled in since it was next to the building with no setback and the portion of the building with no setback was at least 25 feet widewidth of a normal lot.
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