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Commission recommends ordinance change to allow limited fixed openings within reduced R‑8 side setbacks
Summary
Planning staff and the commission agreed to recommend an amendment that would permit fixed, fire‑rated (non‑operable) openings up to 10 feet above finished grade on the first floor when a reduced setback is approved by special use permit, with building‑code protections and fire‑department input.
On Dec. 10 the Planning Commission voted to recommend that City Council approve a zoning‑text amendment proposed by AM Yoder & Company to permit limited first‑floor openings in reduced side‑yard setbacks in the R‑8 Small‑Lot Residential district when approved by special use permit.
Staff explained the amendment would allow fixed, fire‑rated openings whose bottoms are no more than 10 feet above finished grade, intended to provide natural light for constrained infill additions while maintaining firefighter access and safety. The zoning administrator and fire department reviewed the proposal and, according to staff, are comfortable with the 10‑foot threshold and the requirement that openings remain inoperable and fire rated. Staff recommended approval.
Commissioners discussed building‑code precedence and practical motivations: one recent homeowner sought a third‑story addition and wanted natural light in a portion of the building that would otherwise require special‑use review. Commissioners noted that keeping the zoning code from duplicating building‑code functions where the building code is the appropriate standard was a desirable aim.
The commission moved and approved forwarding a favorable recommendation to City Council; the council was anticipated to consider the amendment on Jan. 30.
