Variance requests needed for a garage addition

[lomar29]

Hi Everyone,

New to this site and have found some great information on here, not just for this question. We are looking to build a garage and we have a 25 ft setback for the sides of the lot. We are hoping to place this on the same side where our back door is and of course the driveway. We have 40 ft from the house to the property line and with the space between the house and planned garage, then the 20 foot width. That would leave us with only 12 feet from the property line.

We have space on the other side, there is wetlands on that side but that is actually in that neighbors yard. We would need to add a second driveway and take down a few trees. Our lot and the one on the side we wish to build the garage on are the only two lots that are in this shape. All the other lots around use are more rectangular and seem easier to maintain those setbacks. We are nearing 60 years old and it is really getting tough dealing with having to clean off the heavy snow off the 2 vehicles. We both have some health issues.

From reading some of the other posts on this site and what qualifies for a legitimate hardship that is not self created. I cant come up with a good reason really that i think would get approved. I have searched some of the planning and zoning meeting minutes but most were for houses and garages where they were requesting a height exception for an additional level.

I figured i would reach out to see what others on here may have provided for their reasoning and it if was approved. I know it depends on the board members in my town. but any help would be appreciated. I am attaching our plot plan with the garage location added.

thanks
Lou

 

[billconner]

It's a local issue. Depends a lot on your neighbor. If they don't like it, seems unlikely.

20' seems too narrow for two cars. I'm in midst of building a 28' wide 2 car garage Admittedly, 24' is the "typical" 2 car garage width. Take away a foot for wall thickness, and 6' for each car leaves 7' divided by 3 aisles en each 2'4". I couldn't get out of car. Just a thought.

 

[Innovate1]

You have stated what could be considered hardships - you have issues with your lot shape compared to other lots. That's a valid one but I have no idea if that's enough especially since it seems to me you have other options for location. You mention age - no idea if the local AHJ would consider that. Could you set the garage farther back and get the needed setbacks? It looks like you could. You say there are wetlands on the other side but on the next lot - so it looks like lots of room there. It really depends on your local officials. Some are much more lenient than others. I would start by going to the office that issues permits and just ask for some informal help. State that you realize it would still need official approval but you are in the early stages of planning and just want to get some idea of what might have a reasonable change of approval. If you get a friendly person on a good day (try to pick when they aren't busy) then you might just get someone that can give you some pointers. Maybe not but it's worth a shot.

 

[The Cobbler]

I agree with checking with officials on the basis, how can we make this work? and see what they say. Is it an option to move the garage back behind the house so you can set it more off the line? 20' will be too narrow for 2 cars side by side on an ongoing basis in my opinion

 

[Wolley]

You are getting old. Why even go outside to get in the garage. Build the garage attached to the house. You might be able to squeak in the 20 ft wide or more. Or shift the garage forward some until the far corner is far enough away from the line.

 

[Skyman]

If you build it 20 feet wide (19 feet interior), you'll end up storing only one car in it.

Steve

 

[nmk_61802]

You have stated what could be considered hardships - you have issues with your lot shape compared to other lots. That's a valid one but I have no idea if that's enough especially since it seems to me you have other options for location. You mention age - no idea if the local AHJ would consider that. Could you set the garage farther back and get the needed setbacks? It looks like you could. You say there are wetlands on the other side but on the next lot - so it looks like lots of room there. It really depends on your local officials. Some are much more lenient than others. I would start by going to the office that issues permits and just ask for some informal help. State that you realize it would still need official approval but you are in the early stages of planning and just want to get some idea of what might have a reasonable change of approval. If you get a friendly person on a good day (try to pick when they aren't busy) then you might just get someone that can give you some pointers. Maybe not but it's worth a shot.

I was successfully able to get a variance by claiming financial hardship among other things. My reasoning was septic issues requiring me to shrink the building or relocate the system, both of which would have killed my project. You have a similar situation with the drive.

My ace in the hole however was that my lot/ area was zoned as AG which carried a higher setback than if it was zoned for RES (I barely met the min. lot size requirement for AG). I approached it from this angle and requested a variance which would comply with that use. The variance committee agreed with my reasoning and granted my appeal unanimously.

 

[BillK]

Lou,
First of all I am going to agree with everyone else that 20 ft is not wide enough unless maybe you have very small subcompact cars. My attached garage is 22 x 22 with a single 16ft door and it is really tight getting out of either of our vehicles which I will admit are both large. My detached is 24 x 24 which is the smallest I would consider.

How about pulling the garage forward towards the street so that it sticks out from the front of the house some ? Not sure how that would look without a picture of the front of your house. And I would also make it attached. Cant imagine having to go outside to get into our normal daily drivers.

 

[Innovate1]

Some places have rules that the garage can't be farther forward than the house. Better check on that before you plan for that.

 

[finn]

20’ is a typical garage in many locales. Don’t try to park a full sized pickup or two in there, but a couple of small sedans or SUVs will be ok.

It’s a case where larger would obviously be more desirable, but the small footprint can be made to work if that’s all that is possible. You just have to have vehicles sized for the available space.

It’s really not much different than why a crew cab F350 dually often isn’t an appropriate vehicle for city dwellers, while a new Maverick seems to be extremely desirable for those areas.

 

[Half-fast eddie]

Because of the size of your lot and the options for building in compliance, i don’t think you will get a variance. Looks like the easiest solution is to push it further back and tuck it behind the house.

 

[Leaflessshadetree]

My reasoning was I wanted the building where I wanted it. My presentation showed no adverse effects, that my neighbors had no concerns and were OK with it.

 

[jblnut]

Lou,
I've been through five variances on the farm and the county used the same set of questions for each. I'm sure you can get your hands on the variance packet and go through the questions and make sure you have the most favorable answers possible.

If I cited anything financial it was an immediate denial. If it's a money problem wait until you can get enough money to follow the existing ordinance. If there are other things, and it sounds like there are here, focus on them and you should be okay. Unless your local board is power hungry and denys everything.

You can call in and ask a few questions when you ask for your application and see how things usually go. Does the board usually deny everything, do they like working with you to give you another shot after meeting any recommendations they may put out etc.

Good luck and I'd happily be of assistance with some of the wording on the application if needed.

 

[WisJim]

I am lucky to have great folks in the building inspection department who gave me good suggestions when I initially talked to them about what I needed to get a building permit. It maybe helped that we are a small city, under 20,000 population.

 

[Yankeefarmer]

You don’t list where you live, so your government regulations may be different than here. I am a member of my town’s Zoning Board of Appeals, so will offer perspectives on how your variance request would be viewed.

First question would be why can’t you attach the garage directly to the house, as that would eliminate the need for a variance.

Your age and health are not factors for a hardship. Hardships pertain only to the property, not the owners. The fact that the shape of your lot differs from the majority of those around you can be cited as a hardship.

Your plot plan shows a “tank” behind the house, which, if a septic tank, works in your favor a little, as it restricts placement of a structure in that area. Also it will be in your favor if you are not the original owners of the house who decided to locate it where it is on the lot. If you are, that would be considered a “self-created “ hardship and grounds for denial.

In our town, if you cited a valid reason for being unable to attach the garage to the house, you’d likely have a 50/50 chance of approval, depending on which members show up and which alternates are designated by the chair as voting members for that hearing.

 

[LB-1911]

Hi Everyone,

New to this site and have found some great information on here, not just for this question. We are looking to build a garage and we have a 25 ft setback for the sides of the lot. We are hoping to place this on the same side where our back door is and of course the driveway. We have 40 ft from the house to the property line and with the space between the house and planned garage, then the 20 foot width. That would leave us with only 12 feet from the property line.

We have space on the other side, there is wetlands on that side but that is actually in that neighbors yard. We would need to add a second driveway and take down a few trees. Our lot and the one on the side we wish to build the garage on are the only two lots that are in this shape. All the other lots around use are more rectangular and seem easier to maintain those setbacks. We are nearing 60 years old and it is really getting tough dealing with having to clean off the heavy snow off the 2 vehicles. We both have some health issues.

From reading some of the other posts on this site and what qualifies for a legitimate hardship that is not self created. I cant come up with a good reason really that i think would get approved. I have searched some of the planning and zoning meeting minutes but most were for houses and garages where they were requesting a height exception for an additional level.

I figured i would reach out to see what others on here may have provided for their reasoning and it if was approved. I know it depends on the board members in my town. but any help would be appreciated. I am attaching our plot plan with the garage location added.

thanks
Lou

Check with your Bldg Dept / Permitting Office in an attempt to identify your secondary drain field location.

 

[billconner]

Help me with this;

First question would be why can’t you attach the garage directly to the house, as that would eliminate the need for a variance.

House is 40' from property line and setback is 25'. How do you get a 2 car garage in 15'? (Which does suggest an option for a tandem garage, 15 x 40 or so.)

 

[jimindm]

I have been through it a few times with the housing authority here. Go have a sort of a preapplication meeting. You will get a pretty good idea, of how they look at it. My opinion is staff will give recommendations to the board, and most times the board votes that way. If staff is on board with what you propose, chances are good that you get what you want.

One thing that has not been mentioned, is moving your garage to where you want impose the way you must build it. Sitting in back, you may not have any restrictions, but moving it towards the street you may have to have exterior like home. If you have a brick home, that could be a problem. Another thing would be firewalls.

Your zoning maybe set up to build the basic garage. Moving it may trigger building codes that may force you to build more than the basic box. Building codes are health and safety codes. Zoning codes can have relief, building codes there usually is none.

 

[luvtheheat]

Where I live you "may" be able to get a setback variance if ALL owners whose lots touch yours, on any side, approve, in writing. Even still, it's up to the approving agency.

 

[Yankeefarmer]

Help me with this;

House is 40' from property line and setback is 25'. How do you get a 2 car garage in 15'? (Which does suggest an option for a tandem garage, 15 x 40 or so.)

Valid point. I didn’t do the math. In granting variances, boards here are required to minimize the extent to which the zoning regulations are violated. Attaching the proposed garage to the house and locating it as far forward as practical without violating front yard setback would be viewed favorably by the board. This would minimize zoning encroachment.

 

[billconner]

Valid point. I didn’t do the math. In granting variances, boards here are required to minimize the extent to which the zoning regulations are violated. Attaching the proposed garage to the house and locating it as far forward as practical without violating front yard setback would be viewed favorably by the board. This would minimize zoning encroachment.

I agree with this.
Around here, they usually grant 50% reduction in set backs if no neighbor objects. Pretty low key and they try to be very accommodating.

 

[MongoTA]

Talk to your neighbor first. If the neighbor objects, it's likely your AHJ will lean towards being against your proposal as well.
If the neighbor approves (or even disapproves), then go to the town.
I just went through this with my neighbor. He was looking for a variance on a side yard setback. We have a 30' side setback, I gave him approval to 17'. He's going before the town now.

 

[LOW1]

As others say it varies greatly from city to city. It may help to talk with the city staff and get their viewpoint. Around here there view carries a lot of weight.

and there may be other options such as your neighbor selling you enough property to make it work. Or even selling you an easement letting you count his land as your setback by him agreeing not to build on it

 

[CombatNinja]

You say you are both in your 60s with some health issues. That train only moves in one direction my friend. As someone who has seen way too much of this over the last couple of years with a variety of family members, don't spend money on a detached garage in snow country. Either move south where you don't have to deal with bad winters, or downsize to a condo, garden home or something where snow removal is done for you and you have landscaping and everything included. I'm not saying to check yourself into a nursing home, but now is the time to start being proactive and ensuring the autumn of your life is comfortable. Set yourself up for success now, because it seems that the decision-making part of the brain just goes AWOL in your mid-70s. I have not seen one relative that tried to hold on and stayed 'independent' a bit too long pull out and recover and settle into contentment. It just gets ugly. Every single person I know that has had 'good' years in their old age made proactive, tough decisions in their 60s. Just food for thought.

 

[Juiced06GTO]

Why not spin the garage, push it back, attach to the house and have the doors facing the property line so you turn to pull in the garage? You could widen the driveway in that area to make pulling in easier and also would make it easier to plow as you could just push snow straight in past the doors. Not sure what the set backs are off the septic and if you could get the depth out of it you are looking for, but just a thought?

 

[Juiced06GTO]

Not sure what the front of the house looks like, but you could potentially do the same thing by moving it forward and gain even more room to the property line. Put a nice window on the gable end on the front and it may not look too off. 30 or so feet is ideal to turn a vehicle into the garage.