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<br />(3) feet into the required front, side, and rear setbacks but in no case shall <br />these encroachments be less than six (6) feet from any lot line. Decks, <br />uncovered porches, ramps, and steps may extend six (6) feet into the <br />required front, side, and rear setbacks but in no case shall these <br />encroachments be less than six (6) feet from any lot line. Required steps per <br />the International Codes shall be permitted encroachments. <br /> <br />Permitted Encroachments Amendment <br /> <br />While the language of the permitted encroachments regulation is clear, the requirement that "in <br />no case shall these encroachments be less than six (6) feet from any lot line" is inconsistent with <br />the building code and thus has affected how this ordinance has been applied in the past, <br />particularly in the R-2 and R-2 zones. The building code requires that all encroachments be set <br />back a minimum ofthree feet from any lot line, while the Zoning Code requires six feet. <br /> <br />In and of itself, the incompatibility between the zoning code and building code is not a <br />significant concern since zoning codes can be more stringent than building codes. However, the <br />six foot minimum setback from the property line is directly incompatible with current structure <br />setback requirements in R-2 and R-3 zoning districts, which require that primary structures have <br />a side yard setback of at least five feet on one side. Based on current code, a property owner in <br />an R-2 zoning district could build a house five feet from the side property line but could <br />technically not have a roof overhang or required steps into the home be within six feet from that <br />property line. <br /> <br />After reviewing the current zoning code and building code and consulting with the City Building <br />Official, Staff is proposing the following revised "Permitted Encroachments" ordinance: <br /> <br />1325.03 <br />Subd.2 <br /> <br />Permitted Encroachments. <br /> <br />A. Parts of the Principal Structure. <br />\. In all zoning districts except R-2 and R-3, features which are part of <br />a principal structure, including but not limited to eaves, cantilevered <br />areas, cornices, canopies, awnings, balconies, fire escapes and <br />chimneys, may extend three (3) feet into the required front, side, and <br />rear setbacks but in no case shall these encroachments be less than <br />six (6) feet from any lot line. Decks, uncovered porches, ramps, and <br />steps may extend six (6) feet into the required front, side, and rear <br />setbacks but in no case shall these encroachments be less than six <br />(6) feet from any lot line. <br />2. In the R-2 and R-3 zoning districts, the permitted encroachments <br />listed in the above part 1 may extend three (3) feet into the <br />requirement front, side, and rear setbacks but in no case shall these <br />encroachments be less than three (3) feet from any lot line. <br />3. Required steps per the International Codes shall be permitted <br />encroachments in all districts. <br /> <br />City of Arden Hills <br />Planning Commission Meetingfor December 5, 2007 <br /> <br />llAhdocsJIAlf1.AHdatalPlanninglPlanning Cases12007\07-030 Permitted Encroachments Zoning Amendment (PENDING)\J 20507 - PC Report- <br />Permitted Encroachments.doc <br /> <br />Page 2 of3 <br />