Planning commission weighs lowering rear setbacks in downtown zones to ease redevelopment

The Planning Commission discussed lowering rear setbacks in the City Center (CC) and the Central Mixed-Use (CMD) districts to make small downtown lots easier to redevelop. The commission’s discussion focused on lots that currently face a 10-foot setback that increases to 30 feet when there is no public alley, a rule officials said creates practical barriers when the rear of a property adjoins other commercial parcels rather than residential zoning.

Commissioners and staff said many older downtown buildings already come up to or very near rear property lines. “There are a few buildings that have kind of the drive lanes for the public parking lots behind them. And some of those go kind of right up to it,” Planning staff member Joe said, describing buildings at the 14 Mile and Main Street intersection. Joe recommended keeping the 10/30 rule where a CC or CMD property backs up to a residential district such as core residential or R-2, but lowering the standard to 5 feet where a CC or CMD parcel adjoins another CC or CMD parcel.

Why it matters: zoning setbacks shape building footprints and redevelopment feasibility in the compact downtown. Where a 30-foot rear setback is applied to lots that are boxed in by other commercial buildings, redevelopments could be impractical or force frequent variances at the Zoning Board of Appeals (ZBA).

Commissioners noted the ZBA’s historical practice of routinely granting rear-setback variances in the city center and questioned the value of keeping a standard that is frequently waived. “We have taken a look at the history at the ZBA, and it's pretty much an automatic grant,” Joe said. “Kinda doesn't really make sense to keep the standard where it is if they just always get the variance.”

Concerns and constraints: members raised potential risks if the change were applied broadly. One commissioner said that reducing the setback might allow developers to push buildings closer to alleys used by pedestrians and bicyclists, reducing visibility at pinch points. The commission also heard that utility easements and underground or above-ground utilities constrain what property owners can build behind downtown parcels; those easements could effectively require larger clearances than a 5-foot setback. “Instead of taking it to 5, we'd have to at least consider…those existing easements, which could possibly be 6 to 10 feet,” a staff member said.

Corner lots: commissioners repeatedly returned to corner parcels such as the triangular lot at 14 Mile and Bowers and larger corner parcels like the Pizza Hut site. Corner lots often create a greater proportionate loss of developable depth when rear setbacks are applied, so some commissioners proposed limited carve-outs for corner lots or mapping the change only to specific parcels.

Next steps: staff said they will map the parcels downtown that would change status under a 5-foot standard, highlighting specific examples such as the building across the alley from Sabbath and the FabricAir site. Staff also proposed providing a visual that compares current setbacks with the proposed 5-foot setback to help the commission gauge impacts. Commissioners asked staff to return with a draft ordinance or map for further review rather than moving directly to a vote.

Ending: The commission directed staff to prepare parcel maps and draft language showing where a 5-foot rear setback for CC-to-CC or CMD-to-CMD adjacencies would make a difference and to surface easement constraints and ZBA precedent to inform a formal proposal.