What is the name of your state (only U.S. law)? PA
Last summer I had my property surveyed in anticipation of installing a 1 car garage. Pins were placed.
- I stopped into the borough code office in Sept to ask about putting a 1 car prefab garage (12' x 20') in the spot where there used to be a 2 car garage (prior to my owning the house). There was an existing cement pad where the former garage stood.
- The girl checked with someone behind the window and said yes, that will be no problem as there was a pre-existing structure. She gave me a permit, told me to fill it out, and mail with a check and drawing which showed where it will sit on the property and how far from the house.
- I drew up a plan clearly stating it would be 1 ft from side property and 3 ft from the back property. I showed existing pad and how the new pad would be smaller (right side moved in). I dropped off the paperwork, with my check.
- A week or so later, I received a red permit for the building. There was no statement about the placement of it, nor was any additional paperwork included with the red permit.
- I was worried about the placement, just in case I called the code office just to make sure and to see if anything else needed to be done before I moved forward. She told me the structure was approved but had to be anchored to the ground.
- I had the old broken cement slab torn up and stones put in for the new structure.
- The building was delivered, placed and anchored where it was specified in my drawing.
In the meantime I spoke with my neighbor because he had trees overgrowing into the spot. He agreed to cut them back. I explained I was getting a garage - he stated he had concerns about water drainage and asked me if I would put in gutters. I said I was thinking about it. I told him I had permission (the permit) and was going to proceed to put it in the existing location. All seemed okay.
The other day, we came home to a notice that said it had to be 5 ft from the side property line. I immediately called to remind them I had approval and received the permit -- which was in response to my application and drawing which clearly stated placement of the building (1 ft from side property line). He said I should have received paperwork back with the permit which stated the 5ft code. I did not receive the paperwork.
Today I visited with the building inspector. He explained there was a complaint, which prompted his follow up. He checked my file, visited the site and found it was not compliant. He outlined my options:
- talk w/ my neighbor and see if we can work out an agreement
- submit $300 + $400 escrow for a code variance; the code will be posted and everyone will have a chance to speak / dispute the appeal at the hearing. I may or may not get the variance
- move it so it's 5 ft in (which would not align with the driveway and look crummy)
- put up a fence and move it so it's 3 ft in (the fence can be on the property line)
I followed the process, they made a paperwork mistake and I'm stuck holding the bill. Do I have any legal recourse?What is the name of your state (only U.S. law)?
Last summer I had my property surveyed in anticipation of installing a 1 car garage. Pins were placed.
- I stopped into the borough code office in Sept to ask about putting a 1 car prefab garage (12' x 20') in the spot where there used to be a 2 car garage (prior to my owning the house). There was an existing cement pad where the former garage stood.
- The girl checked with someone behind the window and said yes, that will be no problem as there was a pre-existing structure. She gave me a permit, told me to fill it out, and mail with a check and drawing which showed where it will sit on the property and how far from the house.
- I drew up a plan clearly stating it would be 1 ft from side property and 3 ft from the back property. I showed existing pad and how the new pad would be smaller (right side moved in). I dropped off the paperwork, with my check.
- A week or so later, I received a red permit for the building. There was no statement about the placement of it, nor was any additional paperwork included with the red permit.
- I was worried about the placement, just in case I called the code office just to make sure and to see if anything else needed to be done before I moved forward. She told me the structure was approved but had to be anchored to the ground.
- I had the old broken cement slab torn up and stones put in for the new structure.
- The building was delivered, placed and anchored where it was specified in my drawing.
In the meantime I spoke with my neighbor because he had trees overgrowing into the spot. He agreed to cut them back. I explained I was getting a garage - he stated he had concerns about water drainage and asked me if I would put in gutters. I said I was thinking about it. I told him I had permission (the permit) and was going to proceed to put it in the existing location. All seemed okay.
The other day, we came home to a notice that said it had to be 5 ft from the side property line. I immediately called to remind them I had approval and received the permit -- which was in response to my application and drawing which clearly stated placement of the building (1 ft from side property line). He said I should have received paperwork back with the permit which stated the 5ft code. I did not receive the paperwork.
Today I visited with the building inspector. He explained there was a complaint, which prompted his follow up. He checked my file, visited the site and found it was not compliant. He outlined my options:
- talk w/ my neighbor and see if we can work out an agreement
- submit $300 + $400 escrow for a code variance; the code will be posted and everyone will have a chance to speak / dispute the appeal at the hearing. I may or may not get the variance
- move it so it's 5 ft in (which would not align with the driveway and look crummy)
- put up a fence and move it so it's 3 ft in (the fence can be on the property line)
I followed the process, they made a paperwork mistake and I'm stuck holding the bill. Do I have any legal recourse?What is the name of your state (only U.S. law)?