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Clarkston planners debate 30-foot setback rule and code wording for 'street'
Summary
Commissioners reviewed a zoning interpretation from the town attorney that the code's definition of "street" refers to a public thoroughfare/right-of-way that abuts private property, not simply the paved asphalt. The body also agreed to solicit public input before recommending any change to the town's 30-foot setback requirement.
Planning commissioners discussed an outstanding zoning-clearance question and a broader request from the mayor to consider reducing the town’s 30-foot setback requirement from the property line.
The commission reviewed attorney guidance that the municipal definition of "street" refers to a public thoroughfare that abuts private property (i.e., the right-of-way), not simply the asphalt surface. The attorney told the commission judges frequently defer to a governing body's reasonable interpretation of code language; commissioners said the wording could still benefit from clarification to avoid future disputes.
On setbacks, the mayor had asked the commission to consider reducing the required setback from the front property line (currently 30 feet) to 20 or 15 feet. Commissioners weighed potential benefits — more usable yard space and the ability to place accessory structures — against engineering and safety concerns such as clear-view triangles at intersections and impacts on lot sizes/density. One commissioner noted that shrinking setbacks can encourage higher density and may interact with zoning classifications, while another urged caution to avoid creating a process that unfairly benefits some property owners.
Members agreed to gather public input and prepare suggested ordinance language for the town council and town attorney to review. Commissioners also discussed how to handle nonconforming structures and examples where town-owned rights-of-way contain existing infrastructure (a cell tower and gas line) that would complicate later changes.
Why it matters: Changing setback measurements affects homeowners' usable space, potential lot density, and future approvals. Clarifying the code definition of "street" reduces the risk that differing interpretations will lead to enforcement disputes or litigation.
What’s next: Planning commissioners will develop recommendations, seek public comment, and consult the town attorney before forwarding any ordinance changes to the town council.
