foundations off

New York
One of my new foundations corners is off by two feet; by code,the minimum side yard is seven feet, my corner is at five feet! the building department has stopped me from building untill I get this matter fixed. I also own the lot next to where I'm building; can a right of way/easement help me in this case? I would like to avoid appling for a variance which it will take months before the building department will make a decision.
Are there any other solutions?

Regards
Nell

One of my new foundations corners is off by two feet; by code,the minimum side yard is seven feet, my corner is at five feet! the building department has stopped me from building untill I get this matter fixed.

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and whose fault is this?

I also own the lot next to where I'm building; can a right of way/easement help me in this case?

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No

I would like to avoid appling for a variance which it will take months before the building department will make a decision.

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might be the best solution though.

Are there any other solutions?

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Yes, you can redefine the properties giving the requuired 2 feet to this lot, IF it does not adversely affect the other lot.

the foundation contractor is to blame; can I get him to fix this problem?what if he refuses?

Nell said:

the foundation contractor is to blame; can I get him to fix this problem?what if he refuses?

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Obviously we cannot read any contract you may have with the contractor so that would have to be followed, but with the info you gave;
yes, the contractor needs to fix the problem.

If he refuses you would be best served by retaining a local attorney to handle this.