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Deck stair on property line

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deckscrew

Member
What is the name of your state (only U.S. law)? California

I built a deck with a set of stairs going from a deck to a backyard. The landing and stairs are along the property line. The deck and stair were part of a permitted addition we built and were shown on the permitted drawings as they have been built. The neighbor has complained to the Town and we have come to find out that the landing and stair location required a variance (the landing and stairs were more than 36" above grade at the property line) before a permit could be issued. The deck and the addition went through planning and a plan check. Someone in the Town's building and planning department missed this situation. The neighbors now want the landing and stair removed. The deck is OK since it is build above an existing concrete patio held by a retaining wall. The Town has been little help in resolving the issue and the neighbors won't compromise. My thinking is "You got the permit, build it as approved."

I also suggested to the owners that they consult an attorney. They're leaning to removing the landing and stairs, which is a bad idea since there will be no access to the stairs. I'm curious what others might think.

Thanks
 



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