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Opinion //7m59 <br />March 27, 1959 <br />To: Jim Martin, Asst. City Engineer <br />From- Glenn A. Forbes, Asst. City Attorney <br />Re- RJILDINa FERt-ILT m ALAMEDA HOMES. Necessity for Variance in <br />frontage of less than 50 feet. <br />Alameda Homes, Inc., has requested the issuance of a building permit <br />on a lot abutting the dead end of Crosby Street in San Leandro as shown <br />on the attached drawing. Two questions arise as a result of this appli- <br />cation- <br />1. Is there frontage on a lot which abuts the dead end of a <br />street; <br />2. If a lot has frontage of less than 50 :feet, it is necessary <br />that a variance be obtained before a building permit may be <br />issued? <br />1. It is the opinion of this office that -frontage exists in instances <br />where a lot abuts the dead end of a public road. Websteras International <br />Dictionary defines "frontage" as "that extent of front, as of land, along <br />a stream or ,road." In the definition of "lots" contained in the State <br />Housing Act, it is stated that the "front" of a lot means "the boundary <br />line of a lot bordering on a streets in the case of a corner lot, either <br />street frontage may be the front of lot." With the exception of instances <br />in -wrhich the Courts are concerned with corner lots, the cases defining <br />"frontage" use the term "land having frontage" and the: term "land abutting <br />on a street" interchangeably. (See Havila.nd v Columbia, 34 NE 679). In <br />9 <br />Standard Oil of Indiana v Kamradt. 1 i , the Courtstates "the word <br />rontage includes frontage of corner lots abutting on two streets within <br />the area, frontage being defined as the line of demarcation between private <br />property and that open to the general use of the public, such as streets, <br />streams or parks, so that where two sides of property face or abut upon the <br />streets, streams or parks, it must be said to have frontage on both sides." <br />In Tzses v Varbahenn. 117 A2d 539, the Count states that frontage means <br />itxt.ent, of front along road or street." In State ex rel Culver Refining <br />CCcnLa y v Defrance, 100 TZ 2d 689, the Court states the term frontage <br />includes streets or, which a lot abuts breadthwise, but does not include <br />a street on ihich said lot abuts lengthwise." In City of Youngstown v <br />Fished, 104 NE 141, the Court uses interchangeably the phrases lots <br />7ro tang, "lots having frontage.," and "lots abutting upon the improvement." <br />The Courts do draw a distinction between the word "abutting" and the word <br />"frontage" in cases of corner lots where the lot abuts on both streets, <br />