This one is for me....

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JoyfulNoise said:
Hmmmm....I would try to fight it. Do you have a lawyer that could look at it? It seems that the city should not be enforcing a more restrictive code that they, in theory, have no control over....
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I don't think I need to go that far. I have a detailed email thread with the Community Construction Manager where she explains the larger setback is for the main structure whereas the patio (whether attached or not) is an accessory structure and should only be held to the standard setback. She has actually been quite a pleasure to work with and very prompt in her responses :goodjob:

This is the 6th time this corner lot setback has ended up biting me and 2nd time on houses I've owned :brickwall:

Here's the detail:

PROPERTY LINE CROSS SECTION.jpg


scdaren said:
Have you looked into getting a variance? Referred to in our city (Clovis) as a "minor deviation." There is CA state law that provides for this. You just have to make a factual showing of these four or five different criteria. For us, we had a lot coverage issue, and on the application I was able to adequately give them a factual basis for the criteria with a little creative thinking. Building department should have a form application.
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This will be my next plan of action. I hate to take things this far and usually when you do they end up throwing up a bunch of other hurdles that you have to jump through.

I have a pretty strong case (at least in my eyes) so I'm really hoping I don't need to pursue a variance.
 
bdavis466 said:
This will be my next plan of action. I hate to take things this far and usually when you do they end up throwing up a bunch of other hurdles that you have to jump through.

I have a pretty strong case (at least in my eyes) so I'm really hoping I don't need to pursue a variance.
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For us I feel like it was just a matter of $800 to the city and coming up with something - anything - that would give them legal grounds to issue the deviation. It was actually for a covered patio in our case as well.
 
scdaren said:
For us I feel like it was just a matter of $800 to the city and coming up with something - anything - that would give them legal grounds to issue the deviation. It was actually for a covered patio in our case as well.
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Who really knows...there are many times that I've wondered if the employees get it pep talk in the morning that says find any way to shoot down every project that crosses the counter :laughblue:


This is one of the biggest reasons why I retired from doing construction for other people... Imagine that I bid on this patio and was awarded the job, it's been three and a half months since I started and I have nothing to show for it. Hard to keep food on the table when you aren't producing anything and none of it is a fault of my own:scratch:
 
bdavis466 said:
Who really knows...there are many times that I've wondered if the employees get it pep talk in the morning that says find any way to shoot down every project that crosses the counter :laughblue:


This is one of the biggest reasons why I retired from doing construction for other people... Imagine that I bid on this patio and was awarded the job, it's been three and a half months since I started and I have nothing to show for it. Hard to keep food on the table when you aren't producing anything and none of it is a fault of my own:scratch:
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Yeah I think it just depends on the town. Where we live in Clovis they are great. Where our business is located in Hanford it's just awful to try to get anything done. Most contractors won't take jobs there.
 
Shot down again :brickwall:

At the end of our discussion I threw down the variance word and was greeted with a 50-page packet and a $5,000 non-refundable deposit.... pretty sure they're used to doing that here. There's about 75 conditions involved and they want 15 full sets of plans with 20 additional copies of the site plan.... That's almost $450 in printing fees alone :shock:

Needless to say they won the battle :salut:
 
What was their justification for enforcing a community (HOA) plan that exceeds the city’s own code? Is there something in the city charter that allows them to exceed their own setback requirements?

Sadly, this is where a lawyer is needed. But you’ll pay that lawyer as much as you would the city trying to get a variance....
 
The city says an attached patio becomes the main structure and that makes the setback 10'. The HOA says a patio (attached or not) is an accessory structure since it's open on 3 sides. Their setback is 5' to the furthest projection.
 

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bdavis466 said:
The city says an attached patio becomes the main structure and that makes the setback 10'. The HOA says a patio (attached or not) is an accessory structure since it's open on 3 sides. Their setback is 5' to the furthest projection.
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Gotcha. That sucks. Let me know if you need the services of my cousin Tony Two-Thumbs....all he needs is a name.....just a name....
 
RoyR said:
In our HOA - the "right to a view" overides the city code....interesting.
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Well if that's the case bring on the third story!!! I have a beautiful view of the ocean from my roof... Found that it when I was putting up the Christmas lights:(

JoyfulNoise said:
Gotcha. That sucks. Let me know if you need the services of my cousin Tony Two-Thumbs....all he needs is a name.....just a name....
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Send him. There's room for him to sleep in the garage
 
bdavis466 said:
Shot down again :brickwall:

At the end of our discussion I threw down the variance word and was greeted with a 50-page packet and a $5,000 non-refundable deposit.... pretty sure they're used to doing that here. There's about 75 conditions involved and they want 15 full sets of plans with 20 additional copies of the site plan.... That's almost $450 in printing fees alone :shock:

Needless to say they won the battle :salut:
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WOW. You sure that was for a "minor exception?" See San Clemente muni code section 17.16.090. Municode Library
 
BigEinAZ said:
Can you make the roof free-standing? Wouldn’t change the HOA definition of an accessory structure so their requirements don’t change. Would the city’s requirements change for the better?
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That would only help if I wasn't on a corner lot. They seem to be stuck on this 10' thing.

I did some Black ops and measured the set back on every corner lot house in my neighborhood, pulled the tract map and drew site plans for each house. I presented my case and it was taken up the chain... Still haven't heard anything back but I don't really have my hopes up either.

And here I thought digging those footings was going to be the worst part :crazy:
 

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