I was replying to the post regarding the 8' setback question. When I went to post my reply, I was told "Posting Does Not Exist". Well it did exist and the following is my reply:
The 8' minimum from the property line sounds like a fire safety concern. The safest thing in rural areas where the fire department response time can easily exceed 5 minutes is to provide sufficient room for a structure to burn with minimum danger to other buildings. I see it as unlikely the county would grant a variance because such a variance creates a danger to the neighbors. The county was reasonable in allowing and suggesting the easement by the neighbor. By granting the easement I assume the neighbor agrees to not build within 8' of the easement line.
I suggest that the county has given you the cheapest, most reasonable and safest alternative.
Were the county to grant a variance from the 8' minimum I would expect them to require an upgrade of the fire resistance of anything within the variance area. Such requirements as no penetrations in the structure, doors, windows, etc. and/or fireproof, concrete, masonry or similar and maybe restrict certain roofing materials.
Paul in PA
