[WSBARP] Setback issues

[scott at scottgthomaslaw.com]

Depends on a variety of factors almost too numerous to list:

 

1.	How big is the mistake?  1’?  10’?
2.	Where is the structure at?  In a rural area where the closest
neighbor is ¼ mile away?  In a densely packed neighborhood with lots that
are 25’ wide?
3.	Did Kor have a permit, or was Kor trying to sneak something in?
4.	Are the neighbors complaining to the local government before the
discrepancy was discovered?  Are they complaining now?  Is anybody’s view
going to be impacted?
5.	Are there any public safety implications, such as inadequate room
for the fire department to lean a ladder against the wall and access a
bedroom window on the second story?  Will the wall be constructed so closely
to the property line that it will have to have protected (fire resistant)
openings or will the wall have to be constructed of some form of enhanced
fire resistant construction?
6.	How close to the property line will the roof overhang end up being?
Will there be room to hang Christmas lights?   Can Kor trim back the
overhang?  Many times the zoning code will allow an exception for an
overhang.
7.	Has the local government allowed a variance in the past under
similar circumstances?  They shouldn’t, but sometimes they will.  Ask the
planner.

 

This is a sampling of the factors that my planning clients have considered
in the past; it is by no means a comprehensive list.  Frequently it comes
down to how you ask.  Walking in to the planner’s office in person, hat in
hand, acknowledging a mistake, and asking the planner’s professional advice
about how it can be fixed will go a long ways toward minimizing costs and
disruption.  But I am sure you already know that.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Craig Gourley
Sent: Tuesday, December 14, 2021 10:16 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Setback issues

 

Listmates,   I am sure this is not an uncommon issue but it is one I have
not had to take to this level before.  When a structure is built with
insufficient setback from the property line what is the remedy? It does not
actually encroach, it just violates setback codes.   Newer construction so
nothing is time barred.  I know when you apply for a permit the planning
department typically relies on the representation from the builder that the
setback has been met.  Will the planning department make them move the
building or is it just a “whoops”?  Thanks in advance for everyone’s
insight. 

 

B. Craig Gourley

Gourley Law Group

Snohomish Escrow

The Exchange Connection

 

1002 10th Street / PO Box 1091

Snohomish, WA 98291

 

360.568.5065

360.568.8092  fax

Craig at glgmail.com <mailto:Craig at glgmail.com> 

 

 

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