AGENDA #5e
BUDGET WORKING PAPER
TO: W. Calvin Horton, Town Manager
FROM: Roger S. Waldon, Planning Director
SUBJECT: Consideration of Historic District Commission Review of Minor Subdivisions and Setback Requirements
DATE: March 30, 2004
On February 18, 2004, the Council held a Budget Work Session discussion with the Historic District Commission. Two issues were raised by the Commission, with a request for Council consideration:
This memorandum is offered in response.
On February 23, 2004, the Council enacted changes to the Land Use Management Ordinance, culminating a 4-month process of considering possible changes. The suggestion of the Historic District Commission to build in Commission review of minor subdivision applications was included into the final February 23 action, and is now part of the Land Use Management Ordinance.
Regarding setbacks, we understand that the primary concern of the Commission is to allow existing residences to be rebuilt or to expand in a manner that matches existing setbacks, rather than be required to meet ordinance setbacks.
In the case of rebuilding, the Ordinance currently allows structures to be re-built exactly as they existed. In the case of expansion, the Ordinance currently permits some accommodation of existing setback patterns. Table 3.8-1, “Rules of Interpretation for Column H,” of the Land Use Management Ordinance contains the following provision:
“The Town Manager may exempt lots from this [setback] requirement upon making the following finding: Where a building line has already been established by existing structures along the block which are situated on lots comprising at least 25% of the street frontage, the building may be constructed at the established building line.”
We believe that this is a desirable provision, and addresses some of the objectives expressed by the Commission. There are also provisions for zero lot line circumstances, where setbacks can be reduced to zero under certain conditions. We likely would not recommend further changes to the regulations that would allow a new structure (or new section of an existing structure) to be built closer to an interior lot line than setbacks allow. We believe that new incursions into side yard setbacks could be intrusive to the adjacent property owner.
In the case of the first Commission request, the Council has already acted to accomplish the requested change. In the case of the setback ideas, the Ordinance already contains some flexibility for street setbacks. If the Council wishes to add more flexibility for street and interior setbacks, the Council could call a Public Hearing to consider such a change.