Brookhaven Planning Commission Request for code modification under Section 27-788 - Yard Requirements, Projections 5-6-2015 Thomas Porter, AIA, LEED AP

Background: The zoning ordinances, as adopted from DeKalb County by the City of Brookhaven, have always allowed “projections” into residential yards. Those projections include “porches” which can project up to 10’ into the front and rear yard setbacks and 5’ into side yard setbacks. Brookhaven has adopted a much looser interpretation of a “porch” than DeKalb County historically did, such that a porch may have any number of stories and be as wide as the lot allows. A porch could even be 10’ wider than the house and 3 stories tall in most zoning classifications.

Background Continued: The ordinance as written and previously interpreted was intended for the traditional “Entry Porch” being relatively small. With the new interpretation of porch, the front yard setback loses up to 1/3 of the setback with what can be a very massive structure. Numerous bitter battles have been fought over the sanctity of front-yard setbacks in Brookhaven already. It is a very important concept to citizens. The new interpretation of average front yard setbacks where there can not be an “average of 1” can result in porch projections causing even more damage to the fabric of existing neighborhoods in terms of maintaining consistent setbacks

Examples of INTENDED porch projections:

Examples of UNINTENDED porch projections:

Analysis: It is almost impossible to redefine a porch in any way that doesn’t diminish the near limitless varieties of porch designs. There is no desire to limit porches as a design element, they are a beloved element of vernacular southern home design. The sole desire is to limit the potential for a great mass extending into the yard setbacks, especially front yard setbacks, and, that negative impact on an entire neighborhood where setbacks are revered & well established.

Current Ordinance: Sec. 27-788. - Yard requirements. The following regulations shall apply relating to yard requirements: (d) Projections into yards. Every part of a required yard shall be open to the sky and unobstructed except for the ordinary projections of sills, belt courses, cornices, eaves, chimneys, buttresses and other ornamental and architectural features, provided that these features do not project more than three (3) feet into any required yard. (2) An open, unenclosed porch or hard-surfaced terrace, steps, stoops and similar fixtures of a building may project into a required front yard or rear yard for a distance not to exceed ten (10) feet, and into a side yard to a point not closer than 5 feet from any side lot line.

Proposed Ordnance: Sec. 27-788. - Yard requirements. The following regulations shall apply relating to yard requirements: (d) Projections into yards. Every part of a required yard shall be open to the sky and unobstructed except for the ordinary projections of sills, belt courses, cornices, eaves, chimneys, buttresses and other ornamental and architectural features, provided that these features do not project more than three (3) feet into any required yard. (2) An open, single level unenclosed porch limited to 100 square feet or hard-surfaced terrace, steps, stoops and similar fixtures of a building may project into a required front yard or rear yard for a distance not to exceed ten (10) feet, and into a side yard to a point not closer than 5 feet from any side lot line. NOTE: All proposed changes are shown in red above

Thank you for your consideration! Effect of Changes: Porches are much appreciated architectural elements, this change does not limit in any manner their ability to be incorporated into home designs, they simply must comply with other relevant ordnances. If a builder wants more porch than lot coverage or setbacks allow, there are always variances to apply for which are not unreasonably withheld in Brookhaven. Thank you for your consideration!