We recently built a new home, submitting the proper plot plan and building plans to our city and getting a building permit. After we were all complete, and requested our final inspection and occ. Permit, the inspector discovered our rear setback was 20' instead of 25' like we had drawn on the plot plan. The error was because we did not know there was an alley on the back of our property, which took up 6' of our property... which put us 6' closer than we had intended. They said it was too late to get a variance, and fined us $4000 using an amount per square foot for the area in the setback. A home directly across the street received a variance earlier in the year for a front setback... but they applied for it before they built. I might add that these are "infill" houses in a 100+ yr old neighborhood and that the current zoning regs were imposed upon these older neighborhoods in 2001 or so when the city planners last revised ordinances. We paid the fine so we could move in, and were denied an appeal since they only had a 10 day window to post an appeal and we missed that. Sure would like our 4k back. Is it possible to get a "variance after the fact"? Thanks a lot... don bunker

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Originally Posted by donbunker900

We recently built a new home, submitting the proper plot plan and building plans to our city and getting a building permit. After we were all complete, and requested our final inspection and occ. permit, the inspector discovered our rear setback was 20' instead of 25' like we had drawn on the plot plan. The error was because we did not know there was an alley on the back of our property, which took up 6' of our property...which put us 6' closer than we had intended. They said it was too late to get a variance, and fined us $4000 using an amount per square foot for the area in the setback. A home directly across the street recieved a variance earlier in the year for a front setback...but they applied for it before they built. I might add that these are "infill" houses in a 100+ yr old neighborhood and that the current zoning regs were imposed upon these older neighborhoods in 2001 or so when the city planners last revised ordinances. We paid the fine so we could move in, and were denied an appeal since they only had a 10 day window to post an appeal and we missed that. Sure would like our 4k back. Is it possible to get a "variance after the fact"? Thanks alot........don bunker

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No, not in my area. I would think your surveyor, possibly the title company, probably the builder would have some liability here. That alleyway should have been on the survey.

If you plans showed exactly where you were going to build then you should not have to pay a fine and a variance should have been granted. That is the way it works around here. The plot plan is part of the permit process. They missed it and you should not have to pay. Might be Lawyer time.