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Interpretation Patio addition over build line

drewbinho7

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I have a concrete patio addition on the back of my house that partially extends over the 10 foot build line from the rear of my lot. Here are the facts:

1. Back corner of patio measures approximately 9'6" from rear property line. I don't know the exact measurements since I haven't had a survey since the addition was constructed.
2. Patio was permitted and passed final inspection. Considered an "accessory structure," which requires a 5' setback from the rear property line per local code.
3. Utility easement line is 7.5' from rear property line.
4. Community build line 10' from rear property line.

So the patio is permitted and complies with the city setback code and with the utility easement. Would the 10' build line apply to this structure? Or are the 5' code setback and the 7.5' utility easement the only applicable boundaries given that this is an accessory structure?

Any guidance would be greatly appreciated.
 

DVD

Cyburbian
Messages
13,830
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I'm not understanding what exactly is the 10' community build line? Is it something like an extra perimeter setback which is a setback that applies to the boundary of the subdivision/community?

Typically there is a building setback that applies to the main house.
There are often allowances for "accessory" things or open projections like patios (attached to the main house) to encroach into those setbacks.
Then there is a different set of setbacks for detached accessory buildings (detached is sometimes the key word).
Make sure the patio is meeting the standards of the attached/main house setbacks (with allowance for encroachments) or the code is specific to allowing attached accessory structures to use 5' setbacks. I just want to make sure there is no confusion between the attached and detached accessory - hard to tell online.

Obviously you can;'t build in the utility easement - at least not without some kind of special permission.
So the big question is if the 10' community build line is a no build area - as in build nothing here ever or if it's a setback that accessory buildings can encroach in.

It all comes down to 6" either way. Go measure it again. Make sure you're actually measuring from the property line (not the edge of a fence (might give you an inch or two) and go to the first vertical element (post or wall) of the patio (unless you community measures to eaves for some odd reason).
 
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