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Thread: Conditions for a subdivision

  1. #1
         
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    Conditions for a subdivision

    In response to: Conditions for a Subdivision posted by Jeff Hamilton on October 19, 2000 at 13:38:50:

    I have a 20 unit condo proposed for construction. The application is for a tentative tract map. The Fire Dept. wants a condition requiring a 10 foot setback where "openings" (windows and doors) would be considered "exits" (generally where the windows face the side and rear property lines). Right now, many of the outer walls have an 8 foot setback from the property lines. The Fire Code does not require this. An 8-foot setback is allowed if the windows are "rated." The Fire Dept. in Glendale does not want to rely on this provision of the Code. They feel there is a safety hazard here that needs to be addressed by a condition.

    I would appreciate your comments about whether this is 1) an appropriate condition of approval of the tentative tract map, or 2) an environmental mitigation measure.

    Thanks.
    Jeff

    It seems to me that as a safety issue, which is always a consideration in subdivision approval, this is not an environmental mitigation measure, at least not by NY standards. I agree with Perry that you seem to have little choice but to accept this condition or if you feel it is arbitrary and unnecessary, fight it - lawyers and all. If this is a real problem, would a change in building design and/or construction materials help?

    Cheers,
    John

  2. #2

    Conditions for a Subdivision

    Just to clarify, I'm the planner processing the application.My feeling is that Fire's comments are neither appropriate conditions of approval nor appropriate mitigation measures because they cannot adequately justify choosing one measure over the others.

    The subdivision is in the tentative stage and has not yet been approved by my City.

  3. #3
    Cyburbia Administrator Dan's avatar
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    (Repost) Conditions for a subdivision

    Posted by Jeff Hamilton on October 19, 2000 at 13:38:50:

    I have a 20 unit condo proposed for construction. The application is for a tentative tract map. The Fire Dept. wants a condition requiring a 10 foot setback where "openings" (windows and doors) would be considered "exits" (generally where the windows face the side and rear property lines). Right now, many of the outer walls have an 8 foot setback from the property lines. The Fire Code does not require this. An 8-foot setback is allowed if the windows are "rated." The Fire Dept. in Glendale does not want to rely on this provision of the Code. They feel there is a safety hazard here that needs to be addressed by a condition.
    I would appreciate your comments about whether this is 1) an appropriate condition of approval of the tentative tract map, or 2) an environmental mitigation measure.

    Thanks.
    Growth for growth's sake is the ideology of the cancer cell. -- Edward Abbey

  4. #4
    Cyburbia Administrator Dan's avatar
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    Posted by John Yoegel on October 23, 2000 at 11:50:23:

    In response to: Conditions for a Subdivision posted by Jeff Hamilton on October 19, 2000 at 13:38:50:

    Jeff
    It seems to me that as a safety issue, which is always a consideration in subdivision approval, this is not an environmental mitigation measure, at least not by NY standards. I agree with Perry that you seem to have little choice but to accept this condition or if you feel it is arbitrary and unnecessary, fight it - lawyers and all. If this is a real problem, would a change in building design and/or construction materials help?

    Cheers,
    John
    Growth for growth's sake is the ideology of the cancer cell. -- Edward Abbey

  5. #5
    Cyburbia Administrator Dan's avatar
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    Posted by Perry Norton on October 20, 2000 at 13:53:23:

    In response to: Conditions for a Subdivision posted by Jeff Hamilton on October 19, 2000 at 13:38:50:

    You state that the application is for a tentative tract map. It is not, we assume, an official map. Is there a Tract Map? I assme so. The question, therefore, is whether you as petitioner are willing to accept, or not, the concerns of the Fire Department.
    Growth for growth's sake is the ideology of the cancer cell. -- Edward Abbey

  6. #6
    Cyburbia Administrator Dan's avatar
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    Posted by Jeff Hamilton on November 07, 2000 at 19:31:16:

    In response to: Re: Conditions for a Subdivision posted by Perry Norton on October 20, 2000 at 13:53:23:

    Just to clarify, I'm the planner processing the application.
    My feeling is that Fire's comments are neither appropriate
    conditions of approval nor appropriate mitigation measures
    because they cannot adequately justify choosing one
    measure over the others.
    The subdivision is in the tentative stage and has not
    yet been approved by my City.
    Growth for growth's sake is the ideology of the cancer cell. -- Edward Abbey

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