[WSBARP] Setback issues

Wed Dec 15 15:33:08 PST 2021

I had success a while ago with obtaining an easement from the neighbor to allow the structure to be closer than the setback required.  This was in San Juan County so I can't say if it would also work elsewhere, but it's a thought.

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Carla J. Higginson, Attorney
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Wednesday, December 15, 2021 3:05 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Setback issues

Thank you Scott.  What I am seeing in your answer is that there is discretion on the part of the planner.  I have a call in to the planning dept but of course nobody returns calls these days. Thanks again.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of scott at scottgthomaslaw.com<mailto:scott at scottgthomaslaw.com>
Sent: Wednesday, December 15, 2021 2:11 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Setback issues

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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