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john70t john70t is online now
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Join Date: Aug 2001
Location: midwest
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Quote:
Originally Posted by Zeke View Post
Normally the IBC allows for a deck under 30" in height to be built just about anywhere on the property.
Quote:
Originally Posted by flatbutt View Post
It should be 50' from the road but is only 40'.
I'm guessing that there is a shared view and thus the need for a set-back requirement.
The city/association wants to preserve equal rights for all the owners along the road.
Any deck below 30" probably won't require a railing by code and thus won't block the common view.

My dad got into a tiff with our new neighbor who broke association rules, built an extended deck, and put in a gastly custom railing system which blocked half the lake view from our house.
"Go ahead and sue me, punk" was rich boy's response.

If you go for the variance route, you might want to get letters of waiver or testimony from the two adjoining neighbors.
If it's okay with them, there might not be any further reason for the city to contest the structure.

Be mindful though, if they give you a waiver, they will have to give everyone a waiver.
A 'new addition' might trigger a re-assessment as well.
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