This evening I walked my dog in a neighborhood where the homes were built in the early 1990’s.
I walked past a home and it looked like the homeowner was putting the finishing touches on a detached garage which looks to be brand new.
The detached garage appears to be right on the property line (the side yard of the neighbor next door.
I thought garages were supposed to stay at least 8 feet back from the property line.
So how does one do this? How do you get permission or authorization to build your garage on the property line? I’m assuming he took out a permit for the garage.
^^^^^^
“The Older We Get, The Better We Were”
Replies
it all depends... I know our city building department will consider lifting certail setback requirements if you make a good case for it.
Setbacks are a very local thing. They vary considerably from town to town, and even from one zone to another. Sometimes the setbacks vary with the structure type, for example, permitting sheds without foundations closer to a property line than a building with a foundation.
Whatever the setback is, an owner cannot build within the setback without obtaining a variance. Usually the procedure to obtain a variance includes notification of nearby property owners and a public hearing. Some places are rather free with variances and others are tight.
If someone builds in violation of a setback the owner can be legally compelled to remove the structure. If the owner does not comply the municipality can (it's pretty unusual) tear it down and charge the owner for the demolition cost.
Thanks for the excellent info. I guess some of these things are kind of a "little known secret". I'm sure there are many people who would like to add a garage to their home and just assume it's impossible due to the setback requirements. I think some have even been told (maybe incorrectly) by workers in the county courthouse that they cannot build a garage due to setback guidelines.Thanks again!^^^^^^
"The Older We Get, The Better We Were"
This not only varies by city, but also within the city.By zoning single family, mixed use, PUD, etc.But it is also often proscribed by the plat or deed or HOA for that developement.
Usually subdivisions have Public Utility Easements (PUE) which are 5' on either side of a lot line. Fences and sheds without permanent foundations "usually" are permitted with the understanding that if the utility needs to service or expand the underground services located in the easement, the property owner bears the expense of moving and reconstructing the structure.
A set back is usually from the Right of Way (ROW) of a street. Utilities in the street are located within the ROW.
Plats of your subidvision are available, and you may want to look at those, as they will illustrate all pertinant information so you won't be arrested as a potential burglar as you cruise slowly back and forth looking at the garage..... ;-)
here in our rather big city one can build at property line w/ provisions for firewall, drainage and last I checked a 15 foot height restriction
I live in a rural town in NH. Here, the setbacks are 35' (50' for bigger lots). However, in this state garages are typically a "permitted use", so if building within the setback is the only reasonable place to put it, variances are normally granted. Of course they consider issues such as wetlands & erosion, fire access & other safety issues, etc., and the abutters have an opportunity to speak up.
In my case, the only reason it took a while was that the Zoning Board of Adjustment was essentially all new members, and mine was their first hearing, so we stepped through the process pretty thoroughly.
Don
" I'm assuming he took out a permit for the garage."
If what you say is correct , Im assuming he didnt .
Tim
I want to build my inlaws a garage so that they have a place to park in the winter. There isnt much space on the side of the house where I'd like to put a garage.
I contacted the city(liberal term) where they live and was told it was 5' but if I contacted the HO thats property abutts the inlaws and they are willing to sign off on it I can go right up to the lot line!
I'd check where your living, the're all differnt.
Doug
Thanks again to everyone.I was thinking about a neighbor I had several years ago. He was a nice old gentleman in his 70's or 80's and retired and had lived in the same home with a one car garage for many many many years. His home and yard were spotless. His property was the best kept in the neighborhood.He had always wanted a two car garage and he wanted to simply add one beside the existing one car garage and he had politely called city hall and asked if he could do it and he was told "No". Adding on would put him right on the property line.He had the money to pay cash for a garage and it would have made things much simpler for them. It's a shame he couldn't have gotten the garage he wanted. Most of us think we're in over our heads trying to do things like variances, appealing property taxes, buying part of the neighbor's property next door in order to make your lot bigger, etc etc on and on. I think the natural assumption is that it's just going to cost too much to hire an attorney and fight city hall for the next year or two.Thanks again for all the info.^^^^^^
"The Older We Get, The Better We Were"
Probably six percent of my income is from advising and consulting in design phase . Over the years, I have been astounded by the amt of assumed inaccurate or 100% wrong information people proceed on in these matters. Much of the time, a thing can be done if it is designed and approached in the right way, when simply bulling ahead with no permit will do nothing but create problems
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fixit,
When I built my 24x24 detached garage, the deal was that since it was a wood frame building it had to be 6' from the line. If I had built it with block construction it could have been 2'. I think it has to do somewhat with the possibility of fire spreading from one structure to another on the other side of the property line ?
I am sure that there are as many different codes as there are municipalities.
Bill Koustenis
Advanced Automotive Machine
Waldorf Md
Often an existing building is kept and upgraded to avoid setback requirements for new construction. In our area as long as the existing walls are kept intact within 22' of the street, the roof, guts and foundation can be upgraded without a variance. Our next project is doing just that.