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Fire Separation Distance - Private Driveways

If you wouldn't think of a yard, or a parking lot or a street or alley as limiting fire separation distance, how would this be any different?
 
An easement is a whole different animal than an alley, street, or public way.

IMO - #2 doesn't apply, move the structure or install the 2 hour wall.
 
The intent of the code seems to equate a "street" or "alley" with a driveway. It doesn't say that the street or alley has to be publicly owned.
 
I don't see anything in that definition that mentions a driveway. Street, alley, or public way are just that: public property. A driveway is private property, which can be built on. A street, alley, or public way is very unlikely to be built upon, without some serious replatting.
 
I've seen lots of private streets and alleys. I think the ingress/egress easement would have to be vacated in order for anything to be built there; thus trapping the homeowner.

1002.1 "Public Way" includes streets and alleys deeded to the public. So back to the definition of "Fire Separation Distance" #2: "street, alley, or public way". Street and alley in this definition must include private streets and alleys dedicated as such.
 
Because there is a possibility for the ingress/egress easement to be vacated or re-routed, it may be appropriate to require a separate no-build easement to be recorded, or perhaps modify the existing easement to state how it is benefiting the adjacent lot.
 
The typical easement language I have seen specifies exactly what the easement is for and how it can be used. Typical language would be easement to be used for ingress, egress and utilities. Typically an easement does not include the right of the grantee to build unless specifically stated.
 
Easements come and easements go. Just look at all the abandoned Rail Road easements that happened across this country in the last 50 years.

No build easements will only work if you require surveys or title searches prior to issuing a permit. This jurisdiction used them in the past and today with the historical head knowledge having retired after 27 years most of us don't know one exist.
 
If there is a Non-Build easement, there is no issue. If not as Darren said move the structure or install the 2 hour wall.
 
If the shown easement is under the same ownership as the proposed building, which I presume it is or zoning would be requiring a setback from the propertyline, it's a non issue. The size of the building you show is what 3,000 (10'x300') or 6,000 (20'x300') square feet in area? Build another the same size directly adjacent to it call it one building and the clear yards along the sides get you the allowable area that would permit its' construction.

What is the worste case scenario there? Say they do, at some point, vacate the street and build in that space. Oh no.... whatever will we do, remember the code still says the new construction can not make the existing building noncompliant. If they vacate the alley ways in any city and allow construction in that space it's no different.

ZIG
 
benny said:
The easement and driveway are on the neighboring property.
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That's exactly why you need to plan and build for worst case. You have no control over that property, and no assurance that a building will not be built right up against the property line. Therefore, rating required.
 
As I read the diagram, there is a property line adjacent to the private driveway at the wall of the storage building. That would be item #1 in the definition - the closest interior lot line. Move the building or rate the wall.
 
Darren Emery said:
That's exactly why you need to plan and build for worst case. You have no control over that property, and no assurance that a building will not be built right up against the property line. Therefore, rating required.
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Unless there is a Non-Build easement Then there is control over that portion of the property
 
If the driveway is on the neighboring property, then there is a property line that requires fire-separation distance. If the easement is on the neighboring property, the subject property has no control over what may or may not take place on the neighboring property. Quite frankly I am not an advocate for no-build easements because you are still relying on someone who does not have a vested interest in the property where the building is currently proposed and therefore no real concern as to whether that property is maintained code compliant or not.

Setbacks (fire separation distance) from the real property line are required.
 
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