I have a few questions;

Are any of the statements in your post, backqout's from a previous post/s in any of these forums, seeking advice regarding the proposed project?

Does the governing municipality's planning department have a web site and have you been there?

Have you called or visited the planning or building departments and asked for information about residential land use and restrictions?

Have you read and understand your arch. contract?

I prepare my own drawings and would have known what the setback was, before I put pen to paper.

And it would not have cost you 1 red cant.

We had to get a variance for our remodel due to set back rules. Different circumstances than yours. It took about 6 months and we had to hire a lawyer, land surveyor and a biologist (costal location).

It was costly and annoying but for us worth it in the end. Ask yourself if its worth the time money and effort. If that answer is yes perhaps you should ask your architect to testify at the variance hearing for no fee.

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:28

Snoonyb, I'm not sure I entirely understand your first question, but, no, I have not posted about this issue here before. In fact this is my first post on this board, and only my second on this website. To answer your other questions, yes, I've visited the City's website and actually discussed the issue with the Planner today. She thinks it may be difficult for us to get a variance, but say's it's a possibility. Our architect's contract does not cover this scenario.

Zeitgast, it's good to hear a success story. Our addition is so small (only 75 sq. ft) that I'm thinking it's probably not worth it to go through such a hassle.

Renovator, no, we did not provide a survey to the architect to get the permit. He didn't ask for one, and I'm not sure that would have mattered. He overlooked special restrictions that applied only to our neighborhood. A survey wouldn't have helped with that.

After talking to the Planner, a variance doesn't seem like a viable option, so it's looking like we're probably going to have to ask for at least a portion of our money back from our architect. In our view, he screwed up and we should not have to pay for his mistake.

alexagrn:

Tell your architect if he can get a variance on his dime and time, you're cool. If he can't, he needs to refund all your money to compensate for his rookie mistake. Make time deadlines clear as to when you will be filing a complaint with the state against him. He does not want future potential clients reading that, believe me.

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:30

There should not be a fee to file for relief from the zoning ordinance.

The real world works differently. Where I am the fee for a minor variance ranges from $1,604.60-$6,802.60.

I've applied for and received minor variances a few times, including one for permission not to build a garage that I only received after an appeal to the next layer of adjudication. Despite not one note of opposition by any residents.

The planners are not the final word, but are important to have on your side.

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:33

Renovator8, the restriction is a municipal ordinance. It is not an HOA restriction or tied to our deed.

The fee to apply for a variance in our city is $1,995. I've verified this with the city.

I think we've decided to not attempt the variance. Unless our architect is willing to eat that cost (and I'm sure he's not), it sounds like we have less than a 50% chance of success. If we lost, we'd be out $5,500, instead of $3,500. As much as I want my addition, I don't really want to take that risk and go through the hassle. So, I guess we're going to try to get our money back from the architect. I'm sure he won't be pleased, but this is a pretty egregious error on his part.

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:34

He's definitely an architect. I agree, though, that this seems like a huge mistake on his part, and he should have thoroughly reviewed the zoning restrictions before beginning any design work. I really don't understand how an experienced architect who has worked extensively with our contractor, and came highly recommended, could let such a rookie mistake happen.

Hmm, I've sued my own solicitors twice--won once and got a settlement in the other case. They missed things that I could have discovered in A SIMPLE PHONE CALL.

The fault is mine for abdicating personal responsibility. Ditto my dentist, and assorted surgeons who have sliced me silly in the past five years. Scalpel please.

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:35

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:38

"I mentioned a survey only because it is normally required in order to get a permit to put an addition onto a house."

This may be the case in the area you are familiar with, and maybe you should include such a disclaimer, because it is not the case on the municipalities, from the Canadian border to the Gulf of Mexico-west of the Mississippi river including Minnesota and Wisconsin, that I've worked in.

A simple plot plan is usually sufficient, and all thats required.

"Without a survey, how would the municipality know if the new setback was in compliance with the zoning ordinance?"

The municipality originates the zoning ordinances and compliance is coordinated, and sign-offs often required, by the planning/zoning and building depts.

"Because of the time it takes to get a survey, I advise my clients to call a surveyor at our first meeting.If the basic footprint change was explained to the surveyor early enough, it is possible that the surveyor would have alerted the homeowner to the potential violation because in my experience local surveyors know the local zoning regulations better than anyone."

I've found that any research and changes to zoning ordinances requested to be reflected on the basic survey map , comes at an additional premium.

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:36

Interesting internet surfing, however, it's relevance to the OP?

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:37

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:32

"I simply explained how it might have helped."

And encumbered them financially.

Instead of a phone call,...............at no cost.

"It was you who raised the irrelevant issue of where in the US a survey is required."

Maybe you could review your erroneous supposition.

How did it end up? I think the architect should eat it.

In my neighborhood if you want a variance for something (my only experience is fences so far) you have to notify the neighbors that you are requesting one and they can come to the hearing. I wonder if your neighbor would be ok with your house sticking out 5 more feet towards him....Might have an adverse effect on his property value if all the other homes have wider spacing. Is your neighbor hood higher value or newer than most? That could explain the spacing difference. Neighborhoods that have big homes with small setbacks (front and/or side) look less appealing than small ones.

good luck with your project

This post was edited by Renovator8 on Mon, Mar 24, 14 at 17:31