Planned addition is too close to property line

[carpenter0661]

What is the name of your state? PA

I am planning to build an addition to my existing home. Zoning laws require that buildings be at least 10 feet from the property line. The existing house (50 years old) sits less than 10 feet from the property line on both sides. The addition we are planning to build would just extend the line of the house 28 feet further down the property. The problem is that the zoning board doesn't meet for another month & 1/2 and we are prepared to dig next week. The contractor didn't think we would need a variance, because the existing structure was already less that 10 feet from the line, and we would just be continuing that. If we wait for the zoning board hearing it would be December before we can start. We can't dig a footer in winter. We need to get started now. It was also mentioned to us, that if the distance to the property line was less that 5 ft, we would most likely not be able to get the variance. The entire east side of our home is less that 5 ft from the property line.

Can they really stop us from building our addition? We own the property, and the entire home doesn't meet their requirements, and was that way when we bought it. Furthermore, the yard is fenced (the fence is probably right on the property line). We would not be moving the fence or going beyond it. Can't we just get something in writing from our neighbors stating that they don't care, and get started.

What happens if we start with out the permit? Can they make us tear it down? Do we just get a fine? Can we get started while we wait for the zoning hearing? If we do, can they really turn us down completely? There is really no other way to add on to our home, and we need the room. They are going to get more taxes out of us in the end? It just doesn't make sense to me.

Thanks

 

[BelizeBreeze]

Can they really stop us from building our addition?

Yes. Grandfathering is allowed on existing structures such as your home. HOWEVER, the addition is a new structure and must meet all current zoning regulations. Without a variance, the zoning board could order you to take it down.

We own the property, and the entire home doesn't meet their requirements, and was that way when we bought it.

See above.

Furthermore, the yard is fenced (the fence is probably right on the property line). We would not be moving the fence or going beyond it.

Not relevant.

Can't we just get something in writing from our neighbors stating that they don't care, and get started.

That's a question your zoning commission has to answer. Not this forum.

What happens if we start with out the permit? Can they make us tear it down?

Yep. AND you could face stiff fines.

Listen, you may need the room but i KNOW this isn't the only place you can put the addition right? And even if it is, you either wait for the zoning board to meet and ask for a variance or take your chances.

 

[nextwife]

What happens if we start with out the permit? Can they make us tear it down? Do we just get a fine? Can we get started while we wait for the zoning hearing? If we do, can they really turn us down completely? There is really no other way to add on to our home, and we need the room. They are going to get more taxes out of us in the end? It just doesn't make sense to me.

They can make you tear it down.

They can fine you.

Why would you start building something you may have to tear down?

Yes, they can deny a permit for any structure that violates current deed restrictions, easement and set-back lines.

I have seen amazing and clever additions. You could maybe add UP, or you can remove other interior walls and go toward whatever direction would NOT violate any setbacks. You bought a non-complying structure. You assume the consequences of that. A clever architect could create an addition that would take setback requirements into consideration.

As a matter of fact, I don't even understand any contractor planning an addition that fails to consider that!

 

[lwpat]

No reputable contractor would start construction without a permit. Without it you cannot even get the footings inspected before pouring. This means that you cannot receive an occupancy permit and they can and will make you tear it down. I have seen it happen.

My suggestion is to change contractors and to be sure that you have a written contract that has been reviewed by your attorney. Read through some of the other posts and you will understand why.

 

[HomeGuru]

I agree with the above 3 responders.

 

[annefan]

Where is that PA Realtor poster. This question would have been (should have been) up her alley?

 

[HomeGuru]

Where is that PA Realtor poster. This question would have been (should have been) up her alley?

**A: please do not encourage idiots to post here. Thanks.

 

[annefan]

Ok, you're welcome. Thank YOU.

 

[PghREA]

Idiot PA realtor here, I didn't answer the question because I sell real eatate and do not have any expertise in municipal building codes. However, if someone knows what the set back requirements are and the proposed addition does not meet the requirements, it stands to reason that the addition is not going to be allowed or a variance will be needed. I would think that in order to get a building permit to start the project, this issue would need to be resolved. But, hey, I'm an idiot.

 

[HomeGuru]

Idiot PA realtor here, I didn't answer the question because I sell real eatate and do not have any expertise in municipal building codes. However, if someone knows what the set back requirements are and the proposed addition does not meet the requirements, it stands to reason that the addition is not going to be allowed or a variance will be needed. I would think that in order to get a building permit to start the project, this issue would need to be resolved. But, hey, I'm an idiot.

**A: very good.