Code Section: 134

Subject: Rear yards, dwelling added to noncomplying building

Effective Date: 1/89

Interpretation:

   See Interpretation 188(a)

Code Section: 134

Subject: Rear yards

Effective Date: 1/86

Interpretation:

   To find the average depth of a lot with a concave frontage on a cul-de-sac where the side lines diverge making the rear property line longer than the frontage, we draw a straight line connecting the two points where the side property lines intersect the frontage (thus making the concave frontage a straight line). The distance from the mid point of this straight line to the midpoint of the rear property line is the average depth ("lot depth line").

Code Section: 134

Subject: Rear yards

Effective Date: 1/86

Interpretation:

   Rear yard requirement for a lot with split zoning. A lot (AB/L 602/4) having its front half in an RH-2 District and its rear half in an RH-1 District must have a rear yard pursuant to the RH-2 rules. In situations like this, the district controlling the frontage controls the whole lot for purpose of determining the required open space.

Code Section: 134

Subject: Rear yards, two buildings on a lot

Effective Date: 11/86 (Revised 3/21)

Interpretation:

   Section 134(f) states that a through lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley, and where an adjoining lot contains a residential or other lawful structure that fronts at the opposite end of the lot, the subject through lot may also have two buildings according to such established pattern, each fronting at one end of the lot, provided that all the other requirements of this Code are met. It further states that in such cases, the rear yard required for the subject lot shall be located in the central portion of the lot, between the two buildings on such lot, the depth of the rear wall of each building from the Street or Alley on which it fronts shall be established by the average of the depths of the rear building walls of the adjacent buildings fronting on that Street or Alley, or where there is only one adjacent building, by the depth of that building, and shall the total minimum rear yard for the subject lot be thus reduced to less than a depth equal to 30% of the total depth of the subject lot or to less than 15 feet, whichever is greater.

   There is nothing in the Planning Code that addresses the yard requirements when a dwelling legally exists at the rear of a lot that is not a through lot and there is a proposal to build another structure in the “buildable area” of this lot. The Code places a greater requirement on a through lot than on a lot that is not a through lot. A minimum rear yard depth is required for the subject situation to correct this inequity and to fulfill the intent of the rear yard provisions. The minimum rear yard required for any residential development under the Planning Code is 25% of the subject lot’s depth or 15 feet, whichever is greater. Therefore, the minimum depth of a yard between two buildings on a lot in the subject situation is 25% of the subject lot’s depth or 15 feet, whichever is greater. (It is noted that Section 140 of the Planning Code [titled, “All Dwelling Units In All Use Districts To Face On An Open Area”] will normally require a minimum of 25 feet in most situations that conform to the description of the subject situation.)

Code Section: 134

Subject: Rear yard location

Effective Date: 11/86

Interpretation:

   In cases where a lot is already developed and there is a deficiency of open space, the Zoning Administrator may need to override the owner's option of choosing the frontage of a lot in order to avoid increasing the Code discrepancy. In question was the location of the required rear yard in a case where there are three buildings on one L-shaped lot zoned residential. One 3-story building fronts on Street "A" while another three-story building is immediately behind it and fronts on "B" Street. The third building is two stories and also fronts on "B" Street. The portion of the lot fronting on "A" Street has the greater depth. A small yard area exists between portions of the first two buildings in a part of the lot farthest from "B" Street in an area that would be the rear yard if "B" Street were the frontage. Another yard area exists between portions of the second and third building in an area that would be the rear yard if Street "A" is the frontage. In cases where the rear yard is deficient, frontage (and consequently the rear yard location) is usually chosen on the basis of what will provide a rear yard that most closely conforms to the requirement for the lot. If a decision cannot be made on that basis, the next criteria is what option supports the block pattern of open space. In this case, both of the yard areas are approximately of equal size. Since the third building has only two stories as compared to three stories for the other two buildings on the lot, it more closely conforms to the rear yard requirement, one purpose of which is the access of light and air to adjacent rear yards. Therefore, the rear yard is opposite "A" Street so the lower building fronting on "B" Street must be considered to be a noncomplying structure in the rear yard and cannot be expanded.

Code Section: 134

Subject: Lot depth calculation

Effective Date: 12/86

Interpretation:

   A lot (2872/13) is defined by two straight lines at right angles to each other and one convex curved line connecting the two ends of the straight lines. The curved line is the street. The shorter straight line was considered to be the rear property line and the longer straight line was considered to be one of the side lot lines. A straight line extending from the midpoint of and at right angles to the rear property line until it joins the curved street line is the average depth of this lot (the dashed line in the illustration). Sometimes lots with this general configuration are treated as triangular lots but this lot has a definite narrow axis (which is normally chosen as the lot depth). Further, this decision continued the open space pattern of the lots to the east while the lots to the south are deep so that a house adjoins the subject lot's rear yard.

Code Section: 134

Subject: Rear yard, etc. on landlocked lot

Effective Date: 12/87

Interpretation:

   A lot is landlocked but is connected to the street by narrow easements centered on the common side property lines of two lots. The broad side of the lot parallels the street. The buildable area of the lot in this case is along the lot line closest to the street to which the easement leads even though this places the front of the lot along its broad side. Also, the easements do not count in the buildable area.

Code Section: 134

Subject: Rear yard, average lot depth

Effective Date: 8/88

Interpretation:

   A lot (AB2797/30) has frontage on Skyview and on Aquavista Way. It is apparent that the rear yard needs to be located perpendicular to Skyview and opposite Aquavista next to the other private property. The problem was determining the average lot depth. The portion of the Skyview frontage that is straight was considered to be one side lot line and the portion of the Aquavista frontage that is straight was considered to be the other side lot line. The curvilinear portion of the Aquavista frontage was considered to be the front property line. The average depth was determined by adding the lengths of the two side lot lines and dividing by two.

Code Section: 134

Subject: Rear yard location

Effective Date: 8/88

Interpretation:

   A lot (AB 3545/39) is at the end of a dead-end street such that the lot's longer dimension is perpendicular to the direction of the street and it protrudes into what would be the extension of the street right-of-way. Therefore, the lot's actual street frontage is along a portion of its side property line. The rear yard should be at the end of the long axis away from the street even though this would not be parallel to and opposite the actual street frontage. This determination is consistent with the development pattern of adjacent lots. (In this case there is only one adjacent building for rear yard purposes.) (The determination could be different for a lot configured closer to a square.)