Shed..apply For Variance Or Not?

jranaudo

I am installing a shed for my customer but the location he wishes to put the shed is not within the town ordinance. The town ordinance says the shed must be 10' from the side of the property. He would like to place is within 3' of the property line. Shed is 8x10 gable.

The customer is very angry as he has no other location for the shed and does not want to apply for a variance. It's another $200 plus the time it takes. He said he spoke with all his neighbors they all have no problem with the location he wants to put the shed.

What should I recommend him to do as he is asking me? What are the repurcussions and likelyhood of the town noticing this? If he gets caught would he be forced to take down the shed, relocate it, get the variance or pay a fine?

I am just starting out so I am not too familiar with issues such as these. Your opinion is highy valued as he wants me to start building asap.

reveivl

If you do this make sure you're covered. "He said he spoke with all his neighbors" Maybe he did, maybe they understood, maybe they won't get pi$$ed with him later and all will be well. Maybe the town won't notice on their own.

"If he gets caught would he be forced to take down the shed, relocate it, get the variance or pay a fine?" Yes, any or all of the above. You as a contractor could get hurt too, are you licensed in this town? If he gets busted the day you finish the job will you still get paid? Do you have that in writing? It's tempting to 'do what the customer wants' but you have to make sure to CYA.

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ricpacer69

I would check with the town. Usually if the shed is under 120 sq. ft. you can put it anywhere in your yard. If you find that he does need a variance, I would not do anything as if he is caught you will also be responsible.

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mickeyco

Walk away, you're asking for trouble. I don't agree a lot the set-back requirements or the extra money and length of time it takes to get a variance of many municipalities but those are the rules. I really hate that unusable space between the shed and the property line that's a pain in the ass to mow and usually turns into an ugly pile of overgrown weeds or a junk storage area. I would rather see the side of my neighbors shed than a bunch of weeds or old junk. It sounds like the homeowner has already talked to someone at the town so they will be watching for it. It's great that the neighbors don't mind and it should make it easier to get a variance.

What could the repercussions be?
He might have to take the shed down or move it and/or pay for the permit plus a fine in some areas. You might get a citation that requires you to appear in court and explain to a judge why the rules don't apply to you (lost time and money). If the area your working in requires a license you may find a complaint filed against you that more time will be wasted on addressing. After that see how quickly future permits you apply for go through and you might find future inspections are very comprehensive and find every little code violation (I speak from experience on this one).

What's the likelihood of the town noticing?
Since it's an outside project, better than most. Most towns tell all their employees, water meter readers, garbage men, etc. to report any new construction they see, they also watch for work vehicles in residential areas. This of course varies from area to area but why put yourself at risk when the homeowner has the option of applying for a variance. You said the neighbors don't mind but what if the guy on the next block, where the home owner walks his dog and doesn't clean up after it, decides to call the town, you never know, you always find out after it's to late. I'm pretty sure if you got a citation the homeowner would take the blame, pay for it and fix things up between the town and yourself.

Anyhow if you take the job let us know, and I have a few peoples windows I'd like you to break, sure it's illegal, but chances are you won't get caught.

Kevin

And if he doesn't do right and someone else does it, call the town and report it, sounds like the homeowner could use a lesson on how the rules apply to everyone not just everyone but me.

jranaudo

wow. overwhelmingly it looks like I should recommend this guy get the variance. Assuming he is a good neighbor all around (no dog pooping) are there any other obstacles to getting the variance than the neighbors approval?

I spoke with the homeowner as he wants to follow the ordinance but he just thinks 10' is way to excessive. The property width is 100' but if he can only use 80' and the other 20' for just planting bushes then why should he be taxed on it. It's kind of like ordering an 8 cylinder car but getting a 6 and being told to shove off while paying the same price.

I suppose now I'll have to wait to do this work for some time which kills me cuz I could have used the money.

Double-A

Not as badly as if you had done this job, were shut down by the city and your client decided not to pay you until he had his permission for the shed to stand where it was built.

Sometimes we miss a train wreck and cuss missing the train. Be thankful you can now take on a project that will pay without these issues to deal with.

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reveivl

Now that is a right on comment!! Thank you Double A.

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Peladu

All you guys realize this is all about a yard shed, not a church.

FWIW, I have yet had a variance passed by a municipality.

mickeyco

Are you talking about Chicago or the suburbs as well, we're doing a house in DuPage (currently), for a DuPage Judge, and we got all types of variances granted.

I have had some passes in the suburbs but unless your in with the City where you are applying it's usually no " If we do it for you we have to do it for everyone". It's usally seems to be a waste of time and money.

Peladu

Sure you did, you are doing work in DuPage for a DuPage judge, why would you not get a variance passed.

I have been declined in DuPage and Cook. I have yet to have a variance passed.
But when I say I, I really mean a customer that is signed under contract depending on a successfull variance.

But, if one of them were a judge, I don't think I would have a problem.
But yea, the villages will often tell them, "Don't waste your money, you have no chance."

maj

Couple more things to keep in mind..... If he doesn't get the variance OK'd from the city, and builds the shed where he wants to. Even though the CURRENT neighbors don't care, there WILL be future neighbors that might care. If a future neighbor doesn't like his shed that close to his property and he checks with the city and finds out it was put there illegally, well.......

Also, keep in mind, setbacks are not measured from the wall of a building, but from the overhang. So if he gets the variance for 3', and if the roof has a 1' overhang, the building will be 4' from the property line.

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mickeyco

My friends house, in DuPage, built by a local builder (also built the homes of the Powers that be), which was the subject of a few articles in the Chicago Tribune and Daily Herald, was rezoned and had the following variances (from the Town's Public Hearings Minutes, I have them because there's litigation going on): "variations from the standard front yard, interior side yard, transitional building setback, transitional landscape yard, parking, and landscaping". The builder pretty much gets what he want, but I think that's about to change. I'd like to know what that clout cost him.

Peladu

mickey,
You know how far a few envelopes gets you with some of the villages.
I can not afford the envelopes and/or special favors required to get
small variances ok'ed.
Sounds like you know the drill though.

mickeyco

No, I don't pay to play. It really pisses me off. What suprises me is how corrupt thing are out here, I've only been in DuPage for a few years, spent many years in Chicago and Cook. DuPage is as bad as Chicago, the Community Development Directors for the towns where the builder I mentioned builds are married and live in a monster house built by him.

Peladu

That isn't what I meant, you took it the wrong way.
What I meant by that is, "that you seem to know how it works"
I am not and didn't imply that you were a part of it.
Just wanted to clarify that for ya.

snapper21

Allthough he spoke to his neighbors, his neighbors may sell their house. This will open him up to having the shed torn down. I built a deck for a person who had the same problem and went the same course. Course being: asking all neighbors and having it documented. Two years later the neighbor moved and county made him rip down the stairs and 4 feet off the side of his deck.

RYANINMICHIGAN

I have had this problem sometimes. Who pulled the permit? If you did you will be liable for moving it later if someone complains and they actually do something about it. I know some smaller towns I have put barns up for people that did not meet setbacks and years later they are still there. There is the letter of the law and the spirit. I would not put it in the front yard but if the neighbors said ok and he pulled the permit AND it makes sense put it up. If you pulled the permit be prepared to move it for them in the future,

snapper21

I thought about this last night and remembered that in this area you can't have a "permanent structure" within the limits. That being said, you can beat future problems by building it on top of 6x6 timbers layed down below it. The last shed/alternate home I built was built on top of them so he could flatbed it when he moves. It was on a concrete slab, but with proper leveling/tamping I would say you can do it on ground. You can find that shed's pictures in the CT.com gallery.

RYANINMICHIGAN

I build 90% on skids. not hard to move it if you have to. roll it on some fence posts.