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Residential setbacks from private street

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Ron S.

Junior Member
What is the name of your state (only U.S. law)? Oregon
I'm looking at a vacant lot that has a nice ocean view. The opposite side abuts to a private roadway (it is gated) so the ocean view would be technically over the back fence. Rear setbacks are 10 feet here, Front setbacks are usually 20 feet, but would this apply to a private roadway? This is important because this lot is wide, but not very deep. From the government's point of view, they might tell me that a setback is a setback. But can they really dictate this when it is to a private roadway?

Also, this lot drops off steeply from the private roadway, so there may be some adjustment in the setback based on that, too.
 


154NH773

Senior Member
I don't see how anyone can advise you, since you can't even say for sure what the front setback regulation is.
Building setbacks in ordinances are usually calculated from the lot line, but since this is a gated community there may be HOA or covenants that come into effect. Do some local research.
 

Ron S.

Junior Member
I don't see how anyone can advise you, since you can't even say for sure what the front setback regulation is.
Building setbacks in ordinances are usually calculated from the lot line, but since this is a gated community there may be HOA or covenants that come into effect. Do some local research.
I just stated it was normally 20 feet. Exceptions are made when the terrain is very steep. The question is "Can standard setbacks for residential lots be required at private streets?" I don't know how it could be more clear.
 

LeeHarveyBlotto

Senior Member
I just stated it was normally 20 feet. Exceptions are made when the terrain is very steep. The question is "Can standard setbacks for residential lots be required at private streets?" I don't know how it could be more clear.
The answer to your question as asked, is yes.
 

154NH773

Senior Member
I just stated it was normally 20 feet. Exceptions are made when the terrain is very steep. The question is "Can standard setbacks for residential lots be required at private streets?" I don't know how it could be more clear.
You said "usually 20 feet"; when you say "usually 20 feet", that is not clear since we don't know what the criteria is for "usually". Now you say "normally 20 feet", which is also ambiguous since we don't know if this situation is "normal". You previously didn't state that exceptions are made due to terrain, you simply said
there may be some adjustment in the setback based on that
but that was stated as speculation, not evidence of legal ordinance exceptions.

Your questions were: 1.
Front setbacks are usually 20 feet, but would this apply to a private roadway?
And:2.
But can they really dictate this when it is to a private roadway?
I think I answered your question as best I could from the information provided.

#1 - Setbacks are generally from the lot line, so the road has no effect except that the ordinance may stipulate that the "front" or road facing setback is "X" feet. You would have to determine the definition of the "road" setback from the wording of the ordinance, which you didn't provide. That normally wouldn't change because it is a private road, but we don't know that without reading the ordinance.

#2. See answer to #1.

You didn't indicate who "they" is, so it could be a local municipality, an HOA, or a neighbor. Since this is a private road, there may be covenants or HOA regulations that dictate additional rules besides the local ordinances, and you didn't research these.

So... how could you make it much clearer? You could provide the exact wording of the setback ordinance, including special exception requirements and variance requirements; provide a description of the property terrain and why you believe it might qualify for an exception; provide a title search to determine if covenants exist requiring setbacks, which should also determine if HOA covenants exist requiring adherence to HOA setback rules.

When you ask for legal advice, you will get an answer equivalent to the information provided (the "Yes" answer above is true based on what you asked, but may not really indicate the correct answer to your problem). A lawyer looking into the questions you asked would need the information I indicated, or I wouldn't trust his opinion.
 
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