Owner violating "building envelope" on lot. What am I entitled to?

Colorado

[HomeGuru]

Originally posted by scrtvscrp
Colorado

**A: explain.

[nextwife]

"What am I entitled to...."

Please. And who are you in relation to "owner"?

I mean, there's "brief", and then there's "what, you can't read my mind?". I think your post is way on the brief side.

[HomeGuru]

If this post is brief, it is the french thong of posts.

I apologize for being brief. I misunderstood. Heres the story: I did a minor subdivision years ago and split off two lots, which have both sold. One house is built. The other house is in the process of being built and is more than 30' off of the building envelope which was put there for reasons. I am still the owner of Lot 1, and have a farm here and am still farming. Their house is now near my property line where I am farming. It is a low spot also and irrigation water tends to pool down there. Our planning department here in this county is small and is overwhelmed with the population growth. I was trying to gather information on other cases like this, should I seek out an attorney, and determine whether it was worth my time and money. Thank you for your help.

[HomeGuru]

Originally posted by scrtvscrp
I apologize for being brief. I misunderstood. Heres the story: I did a minor subdivision years ago and split off two lots, which have both sold. One house is built. The other house is in the process of being built and is more than 30' off of the building envelope which was put there for reasons. I am still the owner of Lot 1, and have a farm here and am still farming. Their house is now near my property line where I am farming. It is a low spot also and irrigation water tends to pool down there. Our planning department here in this county is small and is overwhelmed with the population growth. I was trying to gather information on other cases like this, should I seek out an attorney, and determine whether it was worth my time and money. Thank you for your help.

**A: if there is a violation of building and zoning codes or deed restriction with respect to the building envelope etc., then you have a case. Otherwise, I do not understand your complaint. Did you record deed restrictions on the property title?

[nextwife]

If there is a recorded restriction, or municipal building code on setback requirements that this WOULD violate, (and they have not legally obtained any varience to address this), you can pursue an injunction to stop construction and demand compliance - and to remove any violation.

I've seen this done even when the footprint was fine, but the structure would have violated by blocking solar panel sun access on the adjacent home - counter to a restriction. In that case, the courts required removal of a portion of the second floor!

[nextwife]

"If this post is brief, it is the french thong of posts."



Hope the restriction was recorded and not just Victoria's secret.

[HomeGuru]

Yes, recorded in hot pink and French lacing.

Yes the building envelope is on the Plat drawing which is recorded with our county. Also it is listed in our Covenants that any structure must be placed inside the envelope per Covenants and per Plat. Looks like I am off to the attorneys office. Thank you for your reply.

[nextwife]

Although the responsibility for compliance is ultimately the owner's, it amazes me how many builders of homes on scattered sites fail to review (and don't even want to recieve) the E&R documents as a part of producing a building plan.

Good luck.

[HomeGuru]

Originally posted by nextwife
Although the responsibility for compliance is ultimately the owner's, it amazes me how many builders of homes on scattered sites fail to review (and don't even want to recieve) the E&R documents as a part of producing a building plan.

Good luck.

**A: what's an E&R document?