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Old 06-17-2021, 07:04 AM   #21
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Originally Posted by PhilFromMaine View Post
I feel your pain. What is the size oy your lot?



After reading all the comments so far, I feel the need to remind everyone that all these zoning restrictions and HOA restrictions were democratically instituted, or agreed to by the citizens of the political district when they bought their property.



They are in place to protect property values, prevent excessive rain runoff, fire protection, and your neighbor's sanity.



My suggestion for anyone in the OPs situation is to have a sit down meeting with the Code Enforcement Officer and tell him what you want to do and ask for suggestions on how to accomplish your goal. Many times officials will give you alternatives that may meet your needs. Good luck!


Not in my town and generally not in other towns. As an example yes we vote for council members, but not on their daily doings, or ordinances. Furthermore for some reason we pay our council, our mayor, who then hire a city manager to run the city. Finally other than when they print new ordinance in the paper that is on its third or fourth owner in as many years because it doesnít generate revenue.
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Old 06-17-2021, 11:29 AM   #22
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As many posts have implied the way out might be making the structure "temporary." In my county there is a five foot setback for permanent structures but no setback restrictions for temporary ones.
That said, I'd never go to a zero setback without a written access and maintenance agreement from my neighbor. File the agreement with the county assessor under your neighbor's parcel number so the access and maintenance rights don't expire when the neighbor sells (does no good regarding future rights if it's filed under your parcel number, as my down-the-street neighbor sadly discovered).
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Old 06-17-2021, 11:45 AM   #23
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Originally Posted by PhilFromMaine View Post
I feel your pain. What is the size oy your lot?

After reading all the comments so far, I feel the need to remind everyone that all these zoning restrictions and HOA restrictions were democratically instituted, or agreed to by the citizens of the political district when they bought their property.

They are in place to protect property values, prevent excessive rain runoff, fire protection, and your neighbor's sanity.

My suggestion for anyone in the OPs situation is to have a sit down meeting with the Code Enforcement Officer and tell him what you want to do and ask for suggestions on how to accomplish your goal. Many times officials will give you alternatives that may meet your needs. Good luck!
Consider the fact that one was aware of all the restrictions, requirements, or whatever the rule was when they agreed to acquire the property. Then, several years later the folks running the HOA get voted out and the new members change the rules.
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Old 06-21-2021, 06:27 PM   #24
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I had one 16ft high and 30ft long put in. I made sure I was 5 ft from neighbors an 12ft from street. I had no issues
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Old 06-21-2021, 06:34 PM   #25
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Variance

Check with your Zoning Officer about going before the ZoningBoard of Adjustment. They are the ones who may let you infringe on the setbacks. Sat on my former cityís Board for 9 years, granted many variances (denied some too). Good luck !
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Old 06-21-2021, 06:43 PM   #26
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Building Codes

Have you inquired about obtaining a variance to the building code?
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Old 06-21-2021, 07:05 PM   #27
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Have you inquired about obtaining a variance to the building code?
Post9 sentence 3.
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Old 06-21-2021, 07:32 PM   #28
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We went through a similar thing, except in my area the regulations were changed after we planned our project. We didn't know about the changes and had a concrete pad put in. When we contacted the RV port company we were told they couldn't do the job because of the regulation changes. I had lengthy discussions with the zoning and building departments to no avail. Just applying for a variance was well over $1000 with very little chance of succeeding. There are numerous existing structures in my area that were built prior to the regulation changes. All of them would now be in violation. Doesn't seem fair. We could go ahead and do it ourselves without the permit, but we'd have to remove it if there were any complaints. The zoning and building departments only seem to enforce if there are complaints. While none of my neighbors would mind us doing this, all it takes is someone driving by to make a complaint. The risk of losing the thousands is keeping us from doing it and we fear every time there's a severe weather warning, which is very often during the spring and summer. We've had the roof on our house replaced 3 times in the last 10-12 years from hail damage. Covered storage here is very limited and expensive. It runs $500-600+/month and there are waiting lists for every space. We'll just keep hoping we don't have another big hail storm. The last one 2 years ago destroyed over 100 RVs at Camping World 2 miles away. What really sucks is the regulations allow smaller carports with no side setback and many are right at the property line. A completely metal RV port is not a fire danger. If anything, it would protect the RV from catching fire and spreading next door.
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Old 06-21-2021, 07:43 PM   #29
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Consider the fact that one was aware of all the restrictions, requirements, or whatever the rule was when they agreed to acquire the property. Then, several years later the folks running the HOA get voted out and the new members change the rules.
Don't know about where you live but here where I do, "Board Members" of our HOA can't change the rules without a Super-Super Majority of the homeowner's votes. Like 71% of the owners.

Around here the HOA's are not created by any public agency but rather the Developers who want to make sure that the new owners don't trash the neighborhood before they can sell all the lots and build new homes. When done they then file bankruptcy and go off to form another development corporation.

Also, our HOA will only last 30 years from it's original incorporation and then homeowners have to vote to continue for another period of time.

It's not a matter of the usual "Clique" running the show when it comes to new rules. Enforcement? Yes but not the rules they're enforcing.

As for "our HOA" it's in it's 25th year and the chances of a HOA existing in our neighborhood after 2026 is pretty much the same as an ice cube staying frozen in a volcano. Right now there about 5 people out of over 100 owners trying to run the show. The rest just give them a "freeway salute".
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Old 06-21-2021, 08:48 PM   #30
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Don't know about where you live but here where I do, "Board Members" of our HOA can't change the rules without a Super-Super Majority of the homeowner's votes. Like 71% of the owners.

Around here the HOA's are not created by any public agency but rather the Developers who want to make sure that the new owners don't trash the neighborhood before they can sell all the lots and build new homes. When done they then file bankruptcy and go off to form another development corporation.

Also, our HOA will only last 30 years from it's original incorporation and then homeowners have to vote to continue for another period of time.

It's not a matter of the usual "Clique" running the show when it comes to new rules. Enforcement? Yes but not the rules they're enforcing.

As for "our HOA" it's in it's 25th year and the chances of a HOA existing in our neighborhood after 2026 is pretty much the same as an ice cube staying frozen in a volcano. Right now there about 5 people out of over 100 owners trying to run the show. The rest just give them a "freeway salute".
Tried an HOA once, there were certain cliques that broke certain rules but if you didnít break the same but rather a different one they would turn you in.
So I sold my place and quadrupled my money.
Several years later they tried to fine me for violations on my commercially zoned property. I went to there phony hearings and they decided to fine me so they did but I never paid but threatened to subpoena all their records during the collection process. They backed down and left me alone. They were wrong anyway by HOA regulations. Just a power trip but didnít want to be exposed.
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Old 06-21-2021, 09:49 PM   #31
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Carefully read your building code.
It may make a difference if a structure is 'temporary'.
What is the definition of building? Sometimes it is a structure with walls, and a shed without walls?....
If it says you need a permit for any structure more than 108 sq ft (typical 9x12) and you need 27x12, how about three 9x12 close to each other? No permit needed, build them on the weekend.
My neighbor needed more storage so he has three 9x12 temporary buildings in his back yard.
If it still won't work, try to find another place... or maybe buy a vacant lot and just build what you need there.
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Old 06-21-2021, 09:56 PM   #32
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5 foot - that’s pretty good more typically it’s 10. Yes? that’s something you need to check before you decide to add something on your property sorry it didn’t work out for you.
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Old 06-22-2021, 12:59 AM   #33
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Carefully read your building code.
It may make a difference if a structure is 'temporary'.
What is the definition of building? Sometimes it is a structure with walls, and a shed without walls?....
If it says you need a permit for any structure more than 108 sq ft (typical 9x12) and you need 27x12, how about three 9x12 close to each other? No permit needed, build them on the weekend.
My neighbor needed more storage so he has three 9x12 temporary buildings in his back yard.
If it still won't work, try to find another place... or maybe buy a vacant lot and just build what you need there.
You must kidding, a .26 acre lot in Lodi is $260k, come on this is CA.
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Old 06-22-2021, 01:31 AM   #34
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You must kidding, a .26 acre lot in Lodi is $260k, come on this is CA.
Oh my goodness! 1/4 acre? My my....
It would be crowded with anything more than a house.
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Old 06-22-2021, 08:24 AM   #35
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Those prices are pretty crazy, in my home town of Santa Cruz an ocean view lot same size is $750k and the view is from the second story looking over several other rooftops.
My wife just sold a lakefront (private tiny lake) house on .3 acre in a Sierra foothills HOA for $1.7m , asking price was $1.5 but 4 offers came in and her buyer wanted it the most so he bumped $200k. Itís only money. I think surface of the bubble is getting very thin.
Not to mention minimum property taxes will be 1% plus $215mo HOA dues, water and sewer $140mo before any usage, then other fees like fire and school bonds.
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Old 06-22-2021, 10:10 AM   #36
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We weren't thinking carport for our trailer, just additional driveway along the side of the house. The quirkiness of the rules here (Florida) are that a cement or blacktop driveway needs a six foot set back, but crushed seashell, gravel, or even pavers have no restrictions at all.
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Old 06-22-2021, 10:47 AM   #37
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Maybe pavers or or crushed rock sealed with hot oil. Like ss1 or sc-70.
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Old 06-22-2021, 03:31 PM   #38
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I put a deposit down on a 12 ft wide, 10 ft high & 35 ft long metal RV carport for my travel trailer only to find out that the local building dept. says it has to have a minimum of a 5 foot setback from the side property line. That totally quashes that metal RV carport idea.

Now I know why so many metal RV carports are installed without a permit. But I live in the city limits and donít want to take that chance of having them tell me it has to come down. The city has down that with some RV carports already. Have any of you living in the city limits run across this problem, and what did you do?

Iím even considering (even though itís not my 1st choice) getting one of those metal framed, HD tarp covered, with concrete in buckets to hold it down types of RV covers.


Any ideas or suggestions at all would be much appreciated!



Some cities allow variances especially if your neighbors sign a statement of agreement for the distance overage and the distance needed to meet the ordinance requirement is minimal. My first step would be to check and see what the variance procedure is with the code enforcement officer. Check with your attorney see if it is possible to request a variance. etc.
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Old 06-22-2021, 04:16 PM   #39
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We weren't thinking carport for our trailer, just additional driveway along the side of the house. The quirkiness of the rules here (Florida) are that a cement or blacktop driveway needs a six foot set back, but crushed seashell, gravel, or even pavers have no restrictions at all.
Cement is considered permanent, gravel is not. Your entire yard could be gravel or sand or pavers.
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Old 06-22-2021, 04:20 PM   #40
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Permeable surfaces won’t sheet flow rainfall to your neighbor’s property. That may be why concrete or asphalt needs 6’ setback.
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