Neighbor made new addition

[f150_girly]

I live in the state of Oklahoma and I had a question. If someone could please help.

Our neighbor next door had converted his garage into a den. That pushed his lawn mower, gardening tools outside so he could use his new den.

When we came home today we saw that our neighbor was building a shed that was affixed to the side of his house. Our neighbor didn't consult with us about this.

The shed is not completed so I am hoping to get a reply before he finishes it.

It is on his side of the property however it is quite large. We have less then a 10ft area between our houses and his shed is 4 1/2 feet wide the shed is lined up with his garage door.

We store our garbage cans on the side of our home and with the new shed it makes the entrance to our back gate tight.

We will be moving next year and we will have to move our furniture through our back yard gate as well.

My concerns are....

What can we do?
Will we have trouble selling our house?
Whats the best way to handle this matter?
Is it legal to build an attachment too close to anothers home?
Are there saftey hazards?

Thanks for the help!

 

[freespeech]

Do you have covenants that covers this situation, find out what the limit is concerning the property line and any structure.

If it breaks neither of those rules then you don't have any options.

OH you might find out if the proper permits were obtained for that conversion of the den then perhaps use it as leverage if none were issued.

 

[htine30]

also...

In addition to the advice above, I would check to see if a permit is needed for building a shed. Call or go in to your local land use office, many have customer assistance desks, and ask about proper setbacks and use of property.

 

[f150_girly]

Thank You for the reply I really appreciate it.


the funny thing is that the neighbor converted the garage to a den. However the Garage door is still there and when you open the garage there is a wall and a door entrance.

He pushed his tools and Garden tools out side after the conversion and now he is building this wooden tool shed thing on the side of his house. The floor is plyboard. It is hardly going to be an attached structure.

our house and his house is separated by 10 feet. His storage shed is 4 1/2 feet wide. From what I read the municipal codes state the following facts so hopefully i can do something about this.

I worry about a fire hazard and the lack of space we have now.

The worst thing about it he didn't even try to talk to us about it before he started building. He just did it. No courtesy!

I seriously doubt he has permits and I seriously doubt that he let the assessor know about the expansions.

I know it is on his property line however I thought you had to keep your structures at least a certain amount of feet from the boundary line. also I thought tool sheds in Oklahoma had to be in the back yard. Also I have a concern about the possible Fire Hazards.

Here are the Statutes I have found.

B. Accessory Use Yard Utilization:
(1) Accessory buildings shall be governed by the intensity of use provisions for the district in which they are located.
(2) No accessory buildings or structures shall be located within a required front, side or rear yard area unless otherwise permitted by Section 59-6400.2 of this chapter, provided however, that if an existing accessory building was legally constructed prior to December 9, 1947 with less side yard and/or less rear yard setback than is now required, a reconstruction or renovation of such accessory building shall be permitted, provided that such reconstruction or renovation takes place in the original location of the accessory building. Any addition to such accessory building which constitutes an extension of the side wall shall be permitt

ed, provided that such addition shall not encroach upon the rear yard as herein required.
(3) In the R-A, R-1, R-1ZL, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, and R-MH-2 districts and Tracts 1, 2, and 3 of NC District, detached accessory buildings shall meet the following criteria:
(a) Lots less than one-half acre:
(1) The maximum square footage of all detached accessory buildings shall not exceed 1,000 square feet.
(2) No detached accessory building shall exceed the height of the primary structure on the same lot.
(3) Detached accessory buildings with walls constructed with exterior metal finish shall not exceed ten feet in height measured to the top of the side wall fascia.
(4) Detached accessory buildings with walls constructed with exterior metal finish shall have wall panels and trim items finished with a baked on paint finish.
(5) All detached accessory buildings in excess of ten feet measured from grade to the highest point of the structure, shall have a hip or gable roof with a minimum 4:12 pitch, and a minimum one-foot overhang finished with soffit material.
(6) All detached accessory buildings shall be located behind the rear wall of the main structure on the property.
(7) The maximum overhead door height shall not exceed nine feet, measured from grade to the top of the door opening.
(b) Lots one-half acre and greater but less than one and one-half acres:
(1) Shall meet the regulations of 59-6400.2.B(3)(a) or;
(2) The maximum square footage of all detached accessory buildings shall not exceed 1,250 square feet or two and one-half percent of the size of the lot which ever is greater.
(3) All detached accessory building shall observe a 25-foot side and rear yard building set back.
(4) Detached accessory buildings with walls constructed with exterior metal finish shall not exceed 12 feet in height measured to the top of the side wall fascia.
(5) No detached accessory building shall exceed the height of the primary structure on the same lot.
(6) Detached accessory buildings with walls constructed with exterior metal finish shall have wall panels and trim items finished with a baked on paint finish.
(7) All detached accessory buildings in excess of ten feet measured from grade to the highest point of the structure, shall have a hip or gable roof with a minimum 4:12 pitch, and a minimum one-foot overhang finished with soffit material.
(8) All detached accessory buildings shall be located behind the rear wall of the main structure on the property.
(c) Lots one and one-half acre and greater but less than three acres:
(1) Shall meet the regulations of 59-6400.2.B(3)(a) or;
(2) The maximum square footage of all detached accessory buildings shall not exceed two and one-half percent of the size of the lot.
(3) Detached accessory buildings with walls constructed with exterior metal finish
shall not exceed 14 feet in height measured to the top of the side wall fascia.
(4) Detached accessory buildings with walls constructed with exterior metal finish shall have wall panels and trim items finished with a baked on paint finish.
(5) All detached accessory buildings in excess of ten feet measured from grade to the highest point of the structure, shall have a hip or gable roof with a minimum 4:12 pitch, and a minimum one-foot overhang finished with soffit material.
(6) All detached accessory buildings shall be located behind the rear wall of the main structure on the property.
(7) All detached accessory buildings shall observe a 25-foot side and rear yard building set back.

7) No material or equipment shall be stored outside the confines of the home;
(8) No mechanical equipment which creates a disturbance such as noise, dust, odor or electrical disturbance shall be used.

You need a building permit any time you build something permanent on your property – that applies not only to houses and garages, but also to swimming pools, fences, and other permanent structures.
You also need a building permit for structural alterations – any change that might inadvertently make a structure less safe. That can include adding rooms or changing load-bearing walls or partitions.
How is my property zoned?

Zoning Laws. Local zoning regulations control the size, location and uses of buildings. In a single-family area, buildings are usually limited to 30 or 35 feet. Zoning laws also usually require a certain setback, or distance between a structure and the boundary lines. They also limit how much of a lot can be occupied by a structure. For instance, many suburban cities limit a dwelling to 40% to 60% of the property

 

[htine30]

okay, so now what...

So you've done your homework on the regs, but where do you go from there? I suggest you do the neighborly thing first and see if your neighbor will agree to move the shed to a location that is more appropriate. You may want to mention that you're contemplating putting in a privacy fence on your side of the property line and that will not leave him enough room to get things out of the shed and you wouldn't want to inconvenience him.

If he still seems unconvinced, then you need to decide if it's worth it to sic the enforcement people on him. I suggest you do this only if the guy is a total a&&hole since I can guarantee you will never be friendly neighbors again if you do this. Nothing ticks people off more than having to pay a huge fine and having to tear down something they've built.

 

[f150_girly]

Thank you so much for the advice.

Phadrea

 

[nextwife]

IN ADDITION to Statutory restriction, there may also be MORE restrictive municipal and/or deed restrictions. For example, my village has all their shed requirements available on their website, and they are VERY restrictive. There are set-back requirments, foundation (MUST be on a concrete slab) and material requirements. Not only must it be set bACK a certain distance from side or rear lot lines, but it must be set AWAY a certain distance from the existing home (ten foot minimum). Do further research for any additional applicable restrictions. Also, is there a Building Permit posted? That would indicate whether he bothered with a permit.