Expert: Keith Fuller - 2/2/2012

Question
Keith,

I'm looking at adding a stall to my garage but am going to likely come too close to the property line (survey is still pending).  The city setback requirement is 5 feet off the line.

The city also says variances are for people who can prove 'hardships' -- what would qualify as a hardship?

Looking at the GIS mapping of the city there are A LOT of homes, garages and other structures built directly on property lines within a 1/2 mile of my own home, why are some exempt from this rule and not others?

Do you have any advice to offer to assist in getting the city to allow me to build?

Thanks,
Tom

Answer
You probably have several issue here.  The first is not a building issue, but zoning, which requires a certain setback. You can't receive a building permit unless you comply with the zoning regulations or are granted an exception or variance to the zoning rule you can't meet. Usually that means going before the Zoning Hearing Board, or some other similar body, which takes time and money with no certainty of success.  Usually a legal hardship must be proven by you. "I want it" isn't a legal hardship. You might want to contact the municipal zoning officer who can tell you how similar requests for variance have been decided in the past. The other option is to redesign to get the required setback or go to a detached garage if that is allowed there.

After you comply with zoning, then the applicable building code must be complied with, like wall ratings within certain distances from a property line, etc..

The explanation for other building being close to the lot line might be that the others are in a different zoning district, or perhaps similar variances have been granted.

Your municipal zoning and building officials are the ones to give you the correct answers for your area. I can speak in generalities only.  What holds true in my state might be different in your state and municipality.