15711 93rd Way SE Response BriefThe structure qualifies as an `Assessory Building ' and is subject to the
setback requirements of Section 17.15.050 YMC.
The International Residential Code, as adopted by the City of Yelm, establishes a
definition of structure that is similar to the definition found in the Yelm Zoning
Code, both of which would include the building constructed on the subject
property.
The International Residential Code does not contain a classification of `portable'
building, nor does it contain any exemption for buildings such as the one
constructed by Mr. Brown without benefit of permit.
The International Residential Code does exempt certain work from the
requirements of obtaining a building permit, but not from the standards of
construction of the Residential Code or of other laws and ordinances of the City.
Specifically, the International Residential Code exempts `one -story detached
accessory structures, provided the floor area does not exceed 200 square feet'.
Mr. Brown's structure does not meet this exemption as it is significantly larger
than 200 square feet, and therefore requires the issuance of a building permit.
Setbacks from property lines, such as those found in the Yelm Zoning Code, are
established for a number of reasons besides the traditional zoning purposes of
providing light and space between homes. These include providing egress from
the home and access to the home by emergency workers as well as providing a
fire break between two structures which are not fire rated, such as a single family
dwelling.
Blocking emergency access is not related to the size of a structure, a doghouse
could block egress just as easily as a two car garage. The size of the structure in
question makes the point moot, however, as it is well over the 200 foot floor area
at which point the International Residential Code would allow an exemption from
permit requirements.