A FURTHER CLARIFICATION ON R-1 LOTS AND DWELLINGS (WHICH MAY NOT NECESSARILY BE FULLY SHARED BY THE DPWH). For R-1 lots (i.e. lots intended only for LOW DENSITY RESIDENTIAL USES OR OCCUPANCIES, meaning single-DEtached buildings) that are SMALLER in area as compared to the suggested MINimum lot sizes found in Rule VIII Table VIII.G.7, i.e. 301.0 sqm for interior (or rear lot) and for inside (or regular) lot, 365.0 sqm for corner (or through) lot, etc., PLEASE NOTE that NBCP 2004 IRR Sec. 704.c.iii CAN be fully applied. The said section ALLOWS a 3.2 meter (m) tall ABUTMENT consisting of a carport roof with a 1.5 m tall solid perimeter with perforated or decorative concrete blocks above it. The 1996 Model Zoning Ordinance (MZO) of the Housing and Land Use Regulatory Board (HLURB) defines a Low Density Residential Zone (R-1) as an area within a city or municipality for dwelling purposes with a density of 20 dwelling units and below per hectare. Assuming that 70% or 7,000.0 sqm in a hectare are the saleable R-1 lots, this translates into R-1 lot sizes of 350.0 sqm on the average. MZO Section 10a states that a detached family dwelling is an allowed use. Its Article VI A.1 instruction states that a low density residential (R-1) zone implies that ONLY 20 HOUSEHOLDS AND BELOW SHALL BE ALLOWED IN R-1 ZONES. The MZO Section 24 states that building height must conform to the requirements of the National Building Code (of the Ph i.e. NBCP) as well as ALL laws, ordinances, design standards, rules and regulations related to land development and building construction and the various safety codes. It prescribes that NO building or structure for human occupancy (whether public or private) shall be higher than 10.0 meters (m) above the highest NATURAL grade in the property or front SIDEWALK (main entry) level and that low-rise dwellings are up to three storeys. MZO Section 26 state that area regulations in ALL zones shall conform with the MINimum requirement of existing codes such as P.D. No. 1096 (the 1977 NBCP). There is also mention of the suppletory application of national laws such as Presidential Decrees. The MZO Annex section (drawing and text) clearly shows that R-1 districts permit ONLY SINGLE FAMILY DETACHED HOUSES i.e. with yards and setbacks all around the dwelling. NBCP 2004 IRR Sec. 704.c.iii was a COMPROMISE solution (i.e. apparently an accommodation in cognizance of then and still continuing design/ building practices for R-1 developments with SMALL lots. However, the same section also EXPRESSLY states that ABSOLUTELY NO FIREWALL shall be permitted for R-1 dwellings. Just the same, this COMPROMISE solution still NEGATES the very concept of a single-DEtached dwelling (i.e. which MUST NOT have ABUTMENTS) and which MAY NOT fully sustain a R-1 quality of life i.e. open spaces all around the R-1 dwelling, which means natural ground to walk on and the same ground that can help absorb heat and percolate rainwater into the soil (soil on which plants can grow to produce oxygen and that consume the carbon dioxide that humans exhale), and an abundance of natural light and free-flowing ventilation. While NBCP 2004 IRR Sec. 704.c.iii allows such an ABUTMENT, the following should be clear : 1) that said section should be made to apply only to R-1 lots SMALLER in size as compared to the suggested MINimum lot sizes found in Rule VIII Table VIII.G.7; 2) that said ABUTMENT NEGATES the very concept of a single-DEtached dwelling i.e. please consider NOT referring to the R-1 dwelling as such as such is NOT a TRUE R-1 dwelling; consider referring to it instead as a SUB-classification of R-1, say R-1.1 (for those having such ABUTMENTS) - these are NOT in same class of land use/ building occupancy (i.e. R-1, a main classification of residential use is WITHOUT an ABUTMENT while the R-1.1, a sub-classification is WITH an ABUTMENT); and 3) if a deck roof is introduced as the carport roof, NO portion of the carport deck rook shall be enclosed to serve as a habitable space i.e. ABSOLUTELY NO FIREWALLS AT ANY LEVEL/ FLOOR FOR A R-1 DWELLING. Thank You.
Posted on: Mon, 01 Dec 2014 10:38:25 +0000
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