TITLE: Title
Public Hearing on Text Amendment to the Land Use Ordinance Relating to Setbacks
PURPOSE: The purpose of this agenda item is for the Town Council to consider a proposed amendment to the Land Use Ordinance relating to the setback provisions for steps and associated landings. A draft ordinance has been prepared. The consideration of an amendment to the Land Use Ordinance is a legislative decision; the Council must receive public input before reaching a decision on the draft ordinance.
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DEPARTMENT: Planning
CONTACT INFORMATION: Christina Moon, Planning Administrator, 919-918-7325, cmoon@carrboronc.gov; Marty Roupe, Development Review Administrator, 919-918-7333, mroupe@carrboronc.gov; Nick Herman, Town Attorney, 919-929-3905, gnherman@broughlawfirm.com
INFORMATION: Section 15-184 of the Land Use Ordinance (LUO) includes the requirements for building setbacks, the minimum distance between a structure and the property boundary line or right-of-way. The language in the subsection (a) is clear that the measurement is taken from "any portion of a building," which includes porches, decks, steps or similar features.
There have been a few cases, over the years, where a deck or set of steps was constructed in a way that encroached into the setbacks and needed to be modified and/or relocated. In these cases, the feature may have been shown on a plot plan approved with a permit or may not have been shown at all.
Recently, the Zoning staff received and approved a site plan for a building permit application that did not show steps or a landing to a side entrance, only a sidewalk leading to a porch inset into the building itself. The finished floor elevation for the building was raised a few feet and in relation to the resulting topography necessitated some manner of bringing the grade to the entranceway. Suggestions from staff included either incorporating the needed steps within the building footprint itself or adding fill dirt to bring ...
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