Building beyond permit

What is the name of your state (only U.S. law)? New York

My neighbor has built a garage beyond what their permit reads. It should have been 7 feet back from the line and one story high... it is now 3 1/2 feet from my line and 2 stories tall. They do not have a survey and insist my survey is off ( which I had done twice in the last 6 years) Town zoning is involved but have indicated they may allow a variance anyway. Shouldn't the town have been checking on this before it got to the point that the building is already up? And is this considered a hardship on the neighbor since it is already up?

Don't you love it when someone plows ahead without first doing the proper due diligence (such as making certain the foundation will not encroach, violate set back lines, and not interfere with an existing easement or Right of Way) and then claims that the results of their poor planning creates a need for them to get a hardship exemption? And for you to simply accept what they put up where it never belonged?

I'd address it with all power possible NOW. It could impact your saleability at some future point. I would demand enforcement, and get your own attorney. Else they are telling people it doesn't matter if they do it right, because we'll just ignore non compliance by then issuing a variance.

Set backs exist for a reason. I would really work for enforcement. It would be different if they had needed, sought, and obtained a variance PRE-construction

I agree with NW go after your towns officials and do not let up , do every thing possible to block them granting a variance including contacting every person on your city council making sure they are aware that this construction was done in violation of local ordinance and that you intend on going to the local news paper with your story. AND do it , also include a tv news consumer reporting program . Im sure your town council and mayor would enjoy the media attention they would draw by failing to enforce the ords. It would be far different if they had submited plans and had to get a variance hearing first.