02/23/1988 Minutes - Laserfiche WebLink

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) The resolution of this issue involves and 1139.08 of the Zoning Code, as `1135 of the.Zoning Code. . a review of Sections 1139.05 (C)(1) well as general reference to Chapter First, with respect to the sub-issue of whether locating the fire department access drive, in part, upon an area of the lot Wh:tch is zoned for residential use, such a placement of the fire access drive is not violative of anp provision of Chapter 1135 (Residence Districts) of the Zoning Code, because, as pou have correctlp noted, these access drives do not constitute a commercial use of the property. Section 1721.01 of the Codified Ordinances. Which is found within the Fire Prevention Code Qf the Citp, requires fire department access drives within both commercial 'and non-commercial districts of the City. Mose properlp viewed, these access drives constitute a governmental-use of a developer's property, required for the sole purpose of ineeting the City's obligations to protect the general health, Kelfare and safetp of its citizens. That view is particularlp oa point w3:th-respect to the Lauren Hill Plaza Development, where the fire department access drive serves no other use and provides for no other function on the property. Thus, no provisions of Chapter 1135 of the Zoning Code are violated bp the placement of-the proposed-access drive, in part, within a residentially zoned area of the propertp. Next, the proposed access drive does not violate the rear yard requirements of Section 1139.05 of the Zoning Code. This Section of the Zoaing Code, as it here applies, requires:- that rear yards of fiftp (50) foot depth be provided within retail dev,elopments which abut-_residentisi. districts. "Rear yards" are, under the Zoning Code, measured.from the rear liue of the proposed-building to the rear line of the lot. See Section 1151.01(a)(77). The proposed Laurea HillPlaza Development,' according.to the information supplied by tlie Building Department, does provide for a rear pard which meets this provision of the Zoning Code. A rear pard, Which otherwise-meets the requirements of the-Zoning Code. is: not rendered non-complying where it is traversed bp a fire department : access drive. "Yards" are defined in the Zoning' Code to be "opea, unoccupied spaces." See Section 1151.01(a)(75). Placing a fire access drive within a rear yard does not render the space closed or occupied from a zoniag perspective. Thus, the proposed fire access drive for the I.auren Ha.11 Plaza Development does aot violate Section 1139.05 of the Zoning Code. Finallp. Section 1139.08 of the.Zoning Code, Whicti is entitled "Access located Wi.thin District," does not prohibit the proposed fire access drive. Sectioca.1139.08 :requires that "all driveways, roadwaps and sidewalks used and .imtended fos use as access'to buildinRS os uses i.n a Retail Business . Distric st hall be located ia their entirety within the-area zoned for a Itetail Busiaess.;District." As you have cosrectlp_noted. the proposed fire : departmeat access drive vill not be "used or intended for use as access to : . 2 _