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