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Oak Harbor Planning Commission recommends code changes to setback definition, defers daycare play-area rules to state
Summary
The Oak Harbor Planning Commission voted unanimously April 8 to recommend amendments to municipal code that broaden the building-line encroachment definition and defer daycare outdoor play-area requirements to state standards.
The Oak Harbor Planning Commission voted unanimously April 8 to recommend amendments to Oak Harbor Municipal Code Chapter 19.08 that would (1) expand what architectural features may encroach into a building line and cut the maximum encroachment from 3 feet to 2 feet, and (2) remove the city's standalone outdoor play-area requirement for private nursery schools, child daycare centers and kindergartens and instead defer to the State of Washington's standards.
Associate planner Elin Grunska presented the amendments, saying the building-line definition currently allows only eaves to encroach and that the proposed text would add sills, fireplaces, cornices, chimneys and flues, open beams and trellises. "We are recommending approval for both of these," Grunska said, explaining the encroachment limit would be reduced to two feet so a feature that encroaches the building line could still sit three feet from a property line if the typical side setback is five feet.
The second change would remove the city's separate outdoor play-area requirement for daycares and instead tie the city standard to the State of Washington requirement so providers would not need to comply with two separate, possibly conflicting rules. Grunska said that change is intended to simplify compliance for daycare operators.
Commissioners asked clarifying questions about whether a chimney could be placed on a property line and were told the building line is the interior line established by the required setback from the property line; architectural features that encroach the building line would remain set back from the property line by the required setback minus the allowable encroachment.
Motion and vote: Commissioner Frey moved to "recommend approval of amendments to chapter 19.08 of the Oak Harbor Municipal Code pertaining to the respective definitions of building line and private nursery school, child daycare center, or kindergarten." Commissioner Bradley seconded. The commission voted unanimously in favor.
The commission closed the public hearing portion after receiving no public testimony. The Planning Commission's recommendation will be forwarded to the City Council for consideration.
