We have an issue in a Patio Home District, which allows a zero setback on one side, where a builder wants to build a home on the property line, as allowed, but also wants an overhang. Normally, our code allows for eave overhangs up to 18" into a setback, but in this case such an overhang would be over the neighboring property. The builder has included a typical maintenance easement on the adjacent property and has also included a provision in the deed restrictions that allow for such an overhang. My question is, has anyone else had a similar situation and how does your code address it?
Seems to be 2 options: 1) allow it, since the deed restrictions address it and all building codes are met, or 2) do not allow it by requiring that all parts of all structures not extend beyond the property line. Unfortunately our current ordinance does not specifically address this situation, so we are both trying to come up with an interpretation of our current code, but also figure out how to specifically address it in a code amendment.