Holy Cow, post: 413027, member: 50 wrote: The Spelling Police notified me that there has been an egregious error in a post above. The word used was "payed". The word intended was "paid".
By the way, for those who Google the word "egregious", please note the archaic meaning is not the intended meaning in this case.
Those who Google the word "payed" will wish to debate the issue with the Spelling Police, but to no avail.
Now for a really deep question. I just put the gallon milk jug back into the refrigerator with only a half a swig of milk left in it. How many liquid ounces are there in a swig?
I'm trying to discern if your post is condescending or patronizing in nature.
I am leaning toward the latter.
Please advise the humble posters here.
Peter Ehlert, post: 413028, member: 60 wrote: so why did she want the asbuilt?
The client is proposing to buy the house. The builder is proposing to put in a fence along the 5' side yard lot line. She thought the proposed fence location was too close to the house.
The job was supposed to be a stop by and flag up the corners thing. The corners were either never set or have all been destroyed by construction. My resolution, as it stands, is based on a split of curb lines and plat dimensions. It is by no means definitive. But the one thing I can say is that the lot is 35 feet wide with 9 feet of required setbacks and the house is 27.5' wide.
So I'm just wondering what my next step should be. Or if there need be a next step for me.
Mark Mayer, post: 413043, member: 424 wrote:
So I'm just wondering what my next step should be. Or if there need be a next step for me.
writing a proposal to amend the plat for the entire block. or at least 3 lots out of the block...
Mark Mayer, post: 413043, member: 424 wrote: The job was supposed to be a stop by and flag up the corners thing.....So I'm just wondering what my next step should be. Or if there need be a next step for me.
Sounds like the "stop by and flag up the corners thing" is going to take a little longer than estimated...
New house in setback = creating a non-conforming structure. Possibly un-marketable. Buyer beware. Builder should see Board of Variance (or Adjustments), as prescribed by code.
last swig = 98% backwash... so say the kids I grew up with. volume = not a consideration in light of stated understanding.
Mark Mayer, post: 412950, member: 424 wrote: I as-built surveyed a house under construction, nearing completion, in a new subdivision today. The client, and expectant buyer of the house, is an existing client of our company on commercial projects.
The lot is 35 feet wide, with a 5 foot sideyard setback requirement on one side, and a 4 foot sideyard setback requirement on the other, all per plat. So that leaves 26' width of buildable space, right?
The house measures close to 27.5' wide.
So now what? I've told the client about this. She is only concerned about the location of a fence to be placed along the 5' side. The issue about the house encroaching into the sideyard setback requirements went in one ear and out the other. What really bad thing can happen to my client due to the house encroaching on the setbacks?
If I read correctly, encroaching by 1.5ft å± into the setback? If that's the case, then in a real world situation, it would hardly be noticeable, expect for on paper. The proper step to take for the owner and or client would be to apply for a variance with the city. If granted, this will legally bind the encroachment as deemed acceptable by the city. Keep in mind that if you fail to get the variance, you may have to pay to make the home conform to the zoning requirement. A variance is the saving grace when it comes to having a clear conscious, especially years down the road when the house changes ownership.
That is my two cents. Spend $200 now on a variance, or suffer any potential consequences down the road.
Situation here would vary.
If violating a city zoning ordinance, a variance would be necessary. I believe it would be granted. One should have proper legal representation before the governing panels.
If violation of a parish i.e county requirements, it could be more problematic as far as getting a occupational permit. But there would have been safeguards in the permitting process to prevent the setback violation.
Once again, local expert legal representation would be necessary.
Lastly, lender/title company would shut it down until remedied. Either by the zoning variances or exceptions or by removing the problematic setback.
One could say the setback would be a setback to the situation.
In all cases, a letter to document the situation to the buyer,builder and all other interested parties is advisable.
If set backs mean anything the agency should require the setbacks be checked before concrete is placed! In So Cal it was not uncommon to certify the foundation forms for line and grade conformance prior to concrete pour and submit a certification letter sealed by the appropriate professional to the agency. We would have to worry about such things as roof overhangs and bay windows being within the setbacks in some areas. My 2 cents, Jp
Robert Hill, post: 413067, member: 378 wrote: Lastly, lender/title company would shut it down until remedied
It's been over a decade since I've done any surveying for residential construction, but back when I did it was SOP for lenders to require a survey showing that the foundation was in compliance with any required setbacks before they would to start to issue draws on the construction loan.
Jp7191, post: 413068, member: 1617 wrote: If set backs mean anything the agency should require the setbacks be checked before concrete is placed! In So Cal it was not uncommon to certify the foundation forms for line and grade conformance prior to concrete pour and submit a certification letter sealed by the appropriate professional to the agency. We would have to worry about such things as roof overhangs and bay windows being within the setbacks in some areas. My 2 cents, Jp
We do the same, just once foundation is in, before framing can commences
Apply for a variance, hopefully it's 0.75 roughly on each side and not 1.5 all on a single side, because at only 4', 1.5 is a lot.
Just scale it in acad.... Now it fits!
Mark Mayer, post: 413043, member: 424 wrote: ......
...... The corners were either never set or have all been destroyed by construction. ........ But the one thing I can say is that the lot is 35 feet wide with 9 feet of required setbacks and the house is 27.5' wide.
.....
Any good fence staker would say the house is evidence of the boundary and the lot is 27.5' plus 9' = 36.5'. Only a deed staker would hold the deed and math.
:confounded:
agreed on above, but again i think more info is needed. i've done hundreds of form certs/slab certs/concurrence letters.
but is this an old lot in downtown portland that's been in its current configuration for generations? Or is this Lot 18, Block Z, Gentrified Acres Section 89 Phase 23B that was platted 6 months ago? Because while I'm not sure on the local particulars, it *could* make a difference from a title perspective. Again, around here if it were and it was a newly platted subdivision, it would not be in any way uncommon for the developer, lender, title company, layout guy, and GC to all be... if not under the same roof then at least awfully familial. In that case the mistake is likely both explained much more easily and also remedied as such.
But if this is one of those architecturally hyper-hip mcmansions that is shoehorned into an old townhouse sized lot in an original city block... not so much.
ed: just went back and read OP again and see "new subdivision". i still say Mark needs to write the proposal to amend or resub and get a proper fee for doing so.
in the late 70's, in Benton County, Oregon we did a ton of "mortgage surveys" for Lenders... quickies, just to see if it was on the correct Lot, and to see if the setbacks were accommodated. I remember a couple that were actually on the wrong lot... but just the foundation was poured. Usually the "mortgage surveys" were done with just the forms ready.
Location is everything, in more ways than one
At this point in time you (the op) have to sit down and write a letter to your client, the builder and the property owner asking for more information about the lot and the building plan and its implementation before you set any stakes. Let them know about your "preliminary" measurements and assure them that if you proceed you will be staking the lot line as defined by "X", and that said lot line my not correspond with the required setback according to "Y" and the site plan shown in "Z". In my state, this survey would trigger a record of survey to be filed with the county and state and it would show the dimension from the lot line as staked and the building. Just because we are not being asked to set lot corners we are not released of our responsibility of identifying lot lines on the ground by staking for fencing that can and will ripen into ownership.
Take the high road, it does not matter that the person that you are working for is a valued client on previous and future work. When the manure hits the fan it will be directed at the surveyor and you want your plat handy to deflect the resulting residue somewhere else. Our responsibility is to the public (in my state) and by putting them on notice by filing the map you are doing your duty to your license.
But the OP already knew this.
Mark Mayer, post: 412950, member: 424 wrote: So now what? I've told the client about this. She is only concerned about the location of a fence to be placed along the 5' side
She huh? If she asks "does this lot make my house look big?" don't answer.
This could be expensive for someone. Assume this will go to court, and do everything you will wish, when you are there, that you had done now.
Mark Mayer, post: 413043, member: 424 wrote: The client is proposing to buy the house. The builder is proposing to put in a fence along the 5' side yard lot line. She thought the proposed fence location was too close to the house.
The job was supposed to be a stop by and flag up the corners thing. The corners were either never set or have all been destroyed by construction. My resolution, as it stands, is based on a split of curb lines and plat dimensions. It is by no means definitive. But the one thing I can say is that the lot is 35 feet wide with 9 feet of required setbacks and the house is 27.5' wide.
So I'm just wondering what my next step should be. Or if there need be a next step for me.
I know that this is probably the west coast that usually doesn't give a hoot about surveying residential lots, but I would I would disclose the potential problem and advise your client to have a proper boundary survey done to determine the extent of possible encroachment into the setbacks. Then they can make an informed decision based on the facts. I would document all of this, so even if they don't go through with the survey and it blows up later, you are covered.
Richard Imrie, post: 412977, member: 11256 wrote: sitting there all night drinking, smoking, loud music, urinating,
Those sound like real sweet neighbors. Have they started cooking meth in the kitchen yet?
Holy Cow, post: 413027, member: 50 wrote: How many liquid ounces are there in a swig?
A swig is not a specific measurement. The term is sometimes confused with 'shot'. A shot is 1.5 fluid ounces, also called a jigger. Two jiggers (3 fluid ounces) make up a gil. The rum ration of the Royal Navy was a gil of rum per day. If a sailor saved up his rations and got drunk on them he was said to be 'stewed to the gils'.
There is no defined number of ounces in a swig. A swig is a little more than a sip, but a little less than a gulp!