what can go in the lot setbacks?

[lquade]

we have a 15 foot setback front and rear. can water tank/ septic be in setback? can garden structures? chicken house? can anything? thanks for the info, linnette

[missydog1]

paved driveway, and I think the eaves can be allowed to overhang. Check with Planning Dept with a simple phone call to be 100% sure. No permanently installed structures. It's called setback for a reason, to keep people from infringing on neighbor properties.

A fence can be in the setback if it's a boundary fence built right on or adjacent to the property line.

I'm not an expert, this is what I've been told. Like I said, ALWAYS check with Planning first.

[Daniel]

A Water Well can.

Daniel R Diamond

[Carey]

We were told eaves were not, but that was just the Building Dept. counter lady...& we are still mulling over extending the lanai, but that project is at least next year or later so we haven't gone farther than the counter lady (& she said she was not positive, that the final say is when you submit the plans.....)

[Tolleys]

We were told by the Building Dept. that eaves can be in the set-back. Hmmm...

Also, septic is typically 5ft from property lines. Contact the Health Department for septic setbacks.

Susan

Edited by - Tolleys on 10/07/2007 19:34:09

[John S. Rabi]

Eaves can not be in the setback, I have seen many survey maps with roof overhang showing encroachments and the sellers had to get a variance. Driveways are not structures, therefore, the setback rules do not apply to them.

Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[Kapohocat]

quote:

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...
Eaves can not be in the setback..., I have seen many survey maps with roof overhang showing encroachments and the sellers had to get a variance.

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I beg to differ - planning has told me that eaves can be in the setback, but there are requirements that they be at least 4' from actual property line. Fences over 4' also have some issues. No catchments or pools in setbacks but wastewater can be 5' from property lines.

But yes I suggest people double check with planning - a foot print of project on a plot map usually is good for them to comment on.

[John S. Rabi]

I do not remember the exact details of those closings I mentioned but in some cases we couldn't get title insurance because of the encroachments and the sellers had to apply for a variance. I would recommend to call Claus Conventz of Baumeister Consulting (329-0898) since he almost singlehandedly is taking care of these kind of problems with the County.

Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[Hotzcatz]

Hmm, last time I had to deal with eaves and setbacks, there was a limit to how far the eaves could encroach. I think it was 16" or something, not necessarily the whole eave.

If your chicken coop was on wheels, then it wouldn't be a permanent structure and it could be "parked" in the setbacks. If anyone complained you could then move it somewhere else.

[Jay Bondesen]

I just went through this. I was assured by the builder, who checked with the building dept., that both the eaves and the lanai can encroach into the setback. It’s post & pier so no ‘permanent construction’ is in the setback. I guess that’s poured concrete. It makes sense because some lots just aren’t very wide.
Anyway, it sure would be nice if someone found a document stating the rule rather than someone in the department saying it is or isn’t ok. Who knows who may be interpreting the rules next year? I guess it’s not a problem unless you’re selling or have a neighbor that makes a fuss.
Jay