Replies

1. 
   SHGLaw | Nov 01, 2001 11:26am | #1

   *
   What exactly are you going to war over? You screwed up. You can try to get a variance, and you should start by talking to your neighbors to find out if you pissed them off by building too close to the property line. But this is not the time to get angry because you can't do what you want to do.

   We all live in a society with rules. The same ones that protect you protect others. Go in with an attitude of contrition, not war, and maybe they will give you a variance. Since you created the problem, I wouldn't approach it as if you were the victim and they were the enemy. Nobody is going to feel sorry for you if you come in with that attitude.

   SHG

1. 
   Jim_Walters | Nov 01, 2001 12:13pm | #2

   *>Nobody is going to feel sorry for you if you come in with that attitude. Not only that, some of these inspectors LOVE to make guys like you squirm. I would advise going over to the old oak tree and butting your head against it untill you knock yourself out. Wake up, put on you're begging clothes and follow SHG's advise.....you messed up big time. How big time depends a lot on where you're at.....around here you'd be tearing it out.

1. 
   Bob_Walker | Nov 01, 2001 12:46pm | #3

   *"The Libertarian in me is set to go to war. Any input would be greatly appreciated"Go for it! Break out the big guns! Work on your swagger! Show some attitude! Who the heck are they to tell you what you can and can'd do with your property? This is America! Home of the b FREE!

1. 
   Rich_Watkins | Nov 01, 2001 02:03pm | #4

   *buntz: i agree with the previous posts, but they don't offer much advice to your situation. 2 years ago i was building a house in an exclusive golf course community and discovered after i had a pre construction survey done that the house next door had encroached about a foot over the sidline setback. the house was 3/4 bricked when this discrepency was discovered. an attorney friend of mine said that if i wanted to be a real pr@#k i could force the issue with the powers to be and settle on selling the builder/ homeowner a foot or so of my sideline property for say... 50 grand! i'm not that way so i let it slide. according to my friend some options for you are: purchase the adjoining property and come into compliance. this may or may not be feasable. as mentioned previously talk to your neighbors and see if they would support you at a variance hearing, this is probobly the most important thing you can do. do you have any political friends with influence in your community? people who can lobby on your behalf. a nice contribution to their next campaign could be helpful. finally if your libertarian side prevails you can hire a lawyer and fight this to the end. do you think your local agencies have the wherewithal and resources to fight a protracted legal battle? do you have the resources to bet on who has deeper pockets? your local building inspector and planning commission have limited powers and can intimidate only to a point. they can order you to have the building removed but can't physically come in and take it down without the council approving funds to a local contractor to do the demolition. and that would have to be made public record and give every contractor the ability to bid on it. if you fought this a commitee would be convened, meetings held, lawyers hired and consulted etc. etc. etc. in short it could be an expensive protracted mess. talk to a local real estate lawyer now and pony up for some tangible advice. he or she will have the most insight on how far your local authorities will take this. in the meantime buy some ballet slippers, knee pads and light some candles. good luck.

1. 
   Keith_C | Nov 01, 2001 02:07pm | #5

   *This is one of those threads, that as soon as I read the first few lines , I could feel my head getting that swelled feeling, and I could feel my heartbeat in my ears...I HATE THAT FEELING! I did kinda the same thing in the spring, except mine was over a utility easement (high pressure gas line) unrecorded, unmarked. I was 16' off a rear setback(15' is code) but utility wants it 30' off center of line. So they want it moved 14'. Pole barnes(30' x 40'x 12' ceiling) don't move, title insurance co. says they don't have the easement....lawyers, guns and money will solve it eventually. MY LESSON: under NO circumstance ever grant anyone an easment to your property for anything...period. And fight any pipeline tooth and nail.

2. 
   AndyL | Nov 01, 2001 05:49pm | #6

   *One other thing to keep in mind going forward: Before talking to a lawyer, try to determine the point at which the expense and hassle of lawyers becomes greater than the expense and hassle of correcting the problem. If you don't, you can let your emotions take over and end up owing a lawyer a few grand PLUS ripping out your garage.My opinion- it sounds like a pretty major alteration you'd have to do, so I would do like the others and try politely to get a variance.Good luck.

3. 
   Ron_Teti | Nov 01, 2001 06:06pm | #7

   *I would try a variance. It probly is the easiest way. go talk to your neighbors and be nice explain to them YOUR situation that YOU created for yourself. Cuz if im not sure the neighbors have to sign some sort of agreement or waiver to allow you build that close to your propery line. Go to war??? no just take it as a lesson to do better and more thorough research before you start another project.

4. 
   Crusty_ | Nov 01, 2001 07:02pm | #8

   *In going forward, I wouldn't say "I screwed up." The first thing I'd say in any conversation with anyone, is "I have a problem." No one cares much for a screw-up, but people love to solve problems, especially other people's. Almost everyone responds positively to a little genuine humility.You might also want to check your math: 23 x 25 = 575 ; 26 x 26 = 676 That's a total of 1251 sq.ft. So your setback may not be your only problem. They usually measure across the OUTSIDE of the building, including the siding/brick. If the 23 x 25 is the inside dimension, then the actual footage is even more.

5. 
   Mad_Dog | Nov 01, 2001 08:51pm | #9

   *Do you have a certified survey? Are there markers that you can verify this with? Maybe you're still actually okay. It's worth checking.Of course, that won't help your permit situation. You'll have to dance with an unwilling partner there.Good luck

6. 
   xJohn_Sprung | Nov 01, 2001 09:07pm | #10

   *> your local building inspector and planning commission have limited powers and can intimidate only to a pointThat depends on the size of the city. Here in LA, they can intimidate just about anybody short of bin Laden.This probably won't help, but it might be worth some rough calculations to see: Compare the partial demolition with moving the entire garage far enough to be OK for setbacks.-- J.S.

7. 
   Mike_Willms | Nov 02, 2001 04:39am | #11

   *First off, them telling you to remove the slab AS WELL as the addition is odd. A slab is a slab. It becomes a rear parking pad, not part of any structure. Secondly, you may have started off on the wrong foot with the building inspector(s). You aren't THAT far off base, really. Your setback is OK, if you were 900 sqft instead of 1146 sqft. It's not that a building shouldn't be there at all, or that you've built on someone elses property. Your simply 246 sqft too big for your setback, so long as your side-yard setbacks are okay. Talk to the city about a variance (I call them waivers, but whatever). In my area they would run an ad in the local newspaper notifying the general public, as well as send out letters to your neighbors. All the letter would say is you're applying for a waiver to make your garage 246 sqft larger than your setback allows, and if your neighbors have a problem with it they can notify the city directly. Chances are, unless you're generally hated, your neighbors won't really care. The inspectors are real people too, and probably don't want to see you tear down half of your new garage addition. Don't "go to war" with them. They can make you lose no matter what. Be polite, admit you're wrong, and eat up a slice of humble pie. You might even get a lecture on your future building ventures, and the benefits of hiring a GC. In the end, you're wrong, the building code is right, but they invented waivers (variances) for a reason.

8. 
   piffin_ | Nov 02, 2001 04:49am | #12

   *Be VERY polite or risk ending up looking like more foolish than you do already.In our town a variance can only be granted with four listed provisions, one of which is that the hardship was NOT created by you. This would automaticly exclude you from applying. It is in the ordinance to keep people from going ahead and doing whatever and then just saying, "Oops, I screwed up and need a variance."

9. 
   Bryon_Kuntz | Nov 02, 2001 07:42pm | #13

   *Just wanted to thank you all for the responses to my big screw up. The advice will be heeded. I have some serious groveling to do, and believe me I can grovel with the best of them. As to banging my head against an oak tree I had to settle for a cottonwood since that is all I have. I'll be contrite and try for the varience. Thanks againBuntz

2. 
   Buntz | Nov 02, 2001 07:42pm | #14

   *
   I really need some input. This past summer I added a 26x26 addition to my existing garage. The existing garage was 25x23. I ended up with a garage/shop area of 1146 sq/ft. The city allows a max of 1200 sq/ft. Here is where I screwed up. First of all I suffered a gross case of procrastination in securing a permit......I know stupid move. Before I knew it I had the thing framed. Totally up to code and overbuilt in many ways. the city finally came by and shut me down from further construction. I went to the city to try and secure the necessary permits and was told I violated a rear setback on the building. The existing garage was approved at a 5 foot to rear setback, however there is a 34 foot setback on anything over 900 sq/ft. I was told I need to tear down half of the addition plus remove the slab it sat on. The Libertarian in me is set to go to war. Any input would be greatly appreciated
   Bryon