Planning commission backs clearer measurement for accessory-structure setbacks near parkway details

The Highland City Planning Commission on Monday voted to adopt revised development-code language clarifying how accessory-structure setbacks are measured when a parkway landscaping detail lies partially on private property. The change, recommended by staff and supported by the homebuilder and applicant, is intended to prevent an additive interpretation that in some cases pushed accessory buildings far deeper into lots than primary homes.

The amendment, adopted after a public hearing and discussion, instructs staff to measure the side setback from the closest right-of-way edge (curb/back of asphalt/sidewalk/property line) and, where a parkway detail intrudes into private property, to allow an accessory structure to be sited one foot outside the parkway detail rather than adding an extra 20-foot setback. Rob, the city planner presenting the item, said the proposal was written to achieve the applicant's goal while applying the same hierarchy citywide.

Why it matters: Under the commission's previously common interpretation, a parkway detail that occupied private land plus the 20-foot accessory setback could produce an effective 49-foot setback from the street on corner lots, making accessory buildings more restricted than the primary house on the same lot. Applicant John Armstrong told the commission the code's wording uses "or" and does not expressly require an additive measurement, saying, "The current additive interpretation is not explicitly stated in the code." Builder Chad Broadhead added, "There's no amount of landscaping that will ever stop road noise. It requires physical structures ' Period. End of story."

What the commission did: Commissioner (speaker 3) moved to adopt the staff's alternative amendment, which would measure setback from the curb/right-of-way or allow one foot from the parkway detail when that is more restrictive; the motion was seconded and approved by roll call. Rob told the room the measure will be placed on the city council agenda for March 3 for final action.

Details and limits: The amendment changes only the specific parkway-detail accessory setback and does not alter other height, lot-coverage or building-size limits; current maximum height, curtain and zoning rules remain in force. Staff emphasized this change is intended as code cleanup to make the measurement approach consistent across all zones and to avoid creating spot-zoning exceptions for single properties.

Next steps: The commission's recommendation will go to the City Council for final adoption; staff will forward amended language and the public-notice record. The planner cautioned that future road-widening projects could still require property acquisition and make some lots legally nonconforming, but he said there are no such plans for the immediate area discussed.