Utility easement for yard in unlimited building

[Henchalwoog]

The unlimited area provisions state that the distance for the required open yards be measured to the property line however in this instance the property line (which does not provide the required 60'-0") overlaps a storm sewer easement which, if included, would provide the required distance...it is similar to using the entire width of a public way since it is a public utility and cannot be built upon...thoughts on allowing?

 

[Yankee Chronicler]

The code says "property line."

What is the utility easement for, and to whom is it granted? If it's for a public utility that can be expected to remain for the life of your proposed building, then I think it's worth submitting a request for modification under IBC [2021] Section 104.10. If it's a utility easement in favor of a private property owner, serving a building that might not remain in place for the projected life span of your proposed building, I would be less inclined to entertain a modification.

 

[Henchalwoog]

The code says "property line."

What is the utility easement for, and to whom is it granted? If it's for a public utility that can be expected to remain for the life of your proposed building, then I think it's worth submitting a request for modification under IBC [2021] Section 104.10. If it's a utility easement in favor of a private property owner, serving a building that might not remain in place for the projected life span of your proposed building, I would be less inclined to entertain a modification.

Large City storm sewer - certainly wouldn't consider anything else...

 

[Yankee Chronicler]

If I were the code official, I would consider granting a modification for that.

 

[Henchalwoog]

Great minds think alike lol

 

[steveray]

An easement is not a property line…a no build easment might provide equivalence..