Agenda - Planning Commission - 04/02/1996

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(b) Along streets which are designated Class I, II, III arterials in the City's Comprehensive Plan, the minimum setback for all buildings shall be 50 feet from the right-of- way, with the following exceptions: i. When a property abuts a service road, the setback provisions of ll(a) above shall apply. ii. The setback may be reduced on Class III arterial streets to 35 feet for residential uses in the LDR-2 District, p~ovided that driveway access is not directly onto the arterial roadway and the Class III arterial street is constructed as a completely improved roadway and no further upgrading of it is proposed~ or the full anticipated right-of-way has been dedicated. (c) The following shall not be considered as encroach- ments on setback requirements: i. In any yard: awnings, steps, or chimneys that are no closer than five (5) feet to any lot line, underground garages that are no closer than ten (10) feet to a lot line, flag poles, light poles, and public utilities (subject to the requirements of Section ll- ii. Roof eaves, overhangs and similar appurtenances shall not encroach more than two (2) feet into a setback area. iii. Fences and walls are permitted to a property line, provided that no fence or wall, except a retaining wall, in the required front yard setback of any lot shall be over 48 inches in height. On a corner lot, if the front of the principal structure faces the street side lot line, no fence or wall, except a retaining wall, in the required street side yard setback shall be over 48 inches in height. Corner lots shall maintain visibility within the sight triangle as required by Section 11-1825. (d) An accessory structure shall not be located nearer to the front lot line than the principal building except on a lot which has the shoreline of the Mississippi River or Crooked Lake as the rear lotline. On a corner lot, if the front of the principal structure faces the street side lot line, an accessory structure shall not be located nearer to the street side lot line than the principal building. (e) Not withstanding the provisions of this Chapter to the contrary the Board of Zoning Adjustment may permit the rear yard setback for .porches including attached outdoor living rooms and three-season porches, to be reduced to not less than twenty feet if no other arrangement is practical, and provided further: i. The rear property line abuts a park or other publicly owned property, except public rights-of-way, ii. The porch will not be detrimental to the neighborhood or the public welfare, 11-700-8