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Clarkston commissioners review building‑permit questions, setbacks and agricultural building waiver
Summary
During the Feb. meeting the planning commission discussed an outstanding Sedgwick garage permit, clarified that building inspectors verify setbacks after permits are submitted, and flagged a local code section that may allow design‑professional waivers for purely agricultural buildings pending state law review.
Commissioners used the February meeting to review specific building‑permit questions, including a pending garage permit for the Sedgwick property, and to clarify which responsibilities belong to the planning commission versus the building department.
A commissioner noted earlier comments that the proposed Sedgwick garage would be about 16 feet tall and asked whether accessory structures were too close together. The commission confirmed that spacing rules differ for primary residences versus outbuildings and that lot coverage rules and setbacks are spelled out in the town code.
On the role of enforcement, commissioners clarified that final setback verification and code compliance are typically performed by the building inspector after permits are submitted and that the commission does not go out to measure foundations. As the chair put it, “When they build the building...the building inspector should” check compliance.
The commission also flagged a provision in the proposed code allowing building inspectors to waive design‑professional requirements for agricultural buildings (for example, pole barns and stables) used solely for agriculture upon written request. Commissioners noted state law and Dillon’s Rule could limit the town’s ability to override state building standards; one commissioner recommended asking the town attorney for guidance, citing Title 15A as the relevant state reference. The commission agreed to consult the town attorney to determine minimum acreage thresholds and the scope of any local waiver.
Next steps: commissioners will forward legal questions about agricultural‑building waivers to the town attorney and may add a training session on the city‑inspection system to a future agenda so members can better track permit filings and comments.
