Zoning Variance for Garage Build

[offroadsteve]

Hey guys!

I’ve been on the forum occasionally for the past 6 months or so and am finally ready to start detail planning for my own garage project!
I will get a thread started over in the Garage Gallery section when I actually have something to post, but I need to start off with a question on zoning and the IBC.

A little background… I plan to build a 20 x 25 garage / shop. Single vehicle door, with a lean-to shed off the back for yard equipment and such (not shown in the sketch). The attached sketch shows the back corner of the house, the location for the garage, and the neighbor’s garage.

I believe my city has adopted the IBC at this point, and a call to the code office determined that the wall closest to the property line will need to be a 1-hour fire rated wall assembly if within 5’ of the property line. A pain, but OK.
OK my questions are this:

1. The city has a 3’ side yard offset for accessory structures. The neighbor’s garage is approximately 1’ off the property line. What do you think my chances are of getting the variance I need to build as shown in the sketch?

2. I already known the wall closest to the property line will be required to be fire-rated. Standard 2x4 wall, 5/8” Type-X on both sides, mudded and taped then sheathing and vinyl siding on the outside. Got that. My question is if I will need to wrap the Type-X around the front and back corners of the garage for any distance? And does using standard asphalt shingles get me the rating I will need on the roof?

Thanks for any input you guys can provide! I am always on the site getting ideas and contributing on things I know something about and I appreciate all of the experienced pro’s willing to share their knowledge with us ambitious DiYer’s.

 

[K'ledgeBldr]

I believe my city has adopted the IBC at this point, and a call to the code office determined that the wall closest to the property line will need to be a 1-hour fire rated wall assembly if within 5’ of the property line.
That would be IRC (IBC- International Building Code; meaning commercial buildings). And I'm pretty sure the the 1/hr rating wouldn't apply in this case because it's NOT a DWELLING. A pain, but OK.
OK my questions are this:

1. The city has a 3’ side yard offset for accessory structures. The neighbor’s garage is approximately 1’ off the property line. What do you think my chances are of getting the variance I need to build as shown in the sketch?
Slim to none. Just because your neighbor is within the 3' rule doesn't mean they'll automatically give it to you. A variance is issued because of extenuating circumstances that can't be circumvented.
2. ...And does using standard asphalt shingles get me the rating I will need on the roof?
Roofing material is not an issue but, the sheathing would be. But again, I'm pretty sure it's a non-issue because the garage is not a dwelling.
You'll need to verify what exactly is the "building"- some authorities measure from the foundation. However, a lot have gotten wise to the builders cheating on building lines because of cantilevers and roof overhangs. So they now stipulate that plans most show overhangs and/or cantilevers.
Thanks for any input you guys can provide! I am always on the site getting ideas and contributing on things I know something about and I appreciate all of the experienced pro’s willing to share their knowledge with us ambitious DiYer’s.

That should help clarify a few things.

 

[nehog]

At least in my experience, you'll have to meet the setback as a minimum. There is no way they'll bend on that were you around here--you have room, and no hardship at all. As to the other owner's grandfathered structure, it has no bearing on your case. You're only talking less than a foot, so why bother trying to achieve the impossible, just move it over a few inches.

 

[KELLHAMMER]

First of the code applied to residential structures is the IRC (international residential code). My area is still using the 2006 version. Once adopted they can make amendments to it . Building code is how the building gets built. Zoning code is where and what gets built. Zoning dictates you placement in your zone for an accessory structure. The lot line closest to the build needs a 3 foot min separation. Many jurisdictions want a Surveyor to prepare a plan and then Field certify that it is where they said you could put it, when build right up to the allowed separation. A variance might be a worth while venture for you. Most variances I have applied for had two major points 1. none of your neighbors object and 2. you are asking for the variance due to some sort of hardship. ( yours is that you need more room to maneuver the vehicle ) For fire separation Typically, if your neighbors house is less than 10 feet away then a proper separation wall needs to be built. Many times just the portion that is in the 10 foot or less zone. Beyond that it can go back to standard construction. Check with them on what the allowed method of getting the required hourly rating.

 

[LutzTD]

make sure you take all things into account before you position it. It might be better to turn it 90 degree and put it closer to the house and the other building so you can get a nice pad in front. Also be aware of the distance you have to walk every time and distance for power lines and such. Are the lines you show from a servey or are they fences lines. If its his fence then likely a foot on your side is his property so his offset may be more than you think and you may be positioned on his proerty now. Also having such a small space between the buildings is going to be a pain to maintain.

 

[Matt M PA]

At least where I live, you need to pay for the variance...and then can get it or not.

I don;t know how the rest of your property lies....but in just looking at your layout...I'd consider moving the new garage forward and right to be within all the set backs. I think a variance would be difficult since there is other space where you could slightly shift the new building.

 

[Cryptic1911]

Yep, they aren't going to let you do it that way if you can put it somewhere else. One thing you'll probably have to avoid as well is your septic.. We had to be nowhere near the existing one, and since it was old and undersized to their new standards, they made us mark out a plot on the lot for a new septic incase we had to put a new one in (can't reuse the same location apparently), and then stay 25ft away from that as well. It my be different in your area, but take that into consideration

 

[offroadsteve]

Thanks for the replies guys, hopefully i'll catch everything here:

"First of the code applied to residential structures is the IRC (international residential code)."

Thanks for that correction, I'm still trying to get straight on the correct terms.

Regarding the fire seperation - the way the town inspector described his interpretation of the rules is that if you have a garage within 5' of the property line, you have to have a fire-rated wall. That way if the neighbor builds something within 5' on his side of the line, you get your rating. Or, if both sides setback 5', you get the 10' minimum. I believe since this is a dwelling accessory structure, I fall under the defination of "dwelling" in this instance.

I will check on what is defined as the buiding, if its to the foundation, or to the eves. If its the foundation, I can live without the variance and go to a 8' wide garage door rather than 9'. I'd like the extra clearance, but I can certianly live without it.

The lines shown on my sketch are off a survey, and I've measured based on some existing markers on the property and the reference dimensions on the survey to my house. I've thought about the small space between the buildings, and I don't have a good plan for that yet. I thought I may be able to get away with just filling it with gravel, but weeds would still be an issue. Good catch there as well.

All good thoughts on the location on the lot, I'll try to describe my logic for the current location a bit more:

- holding as close to the lot line as possible allows me to keep the drive relatively straight, and maximizes backyard space. The garage is about 1/3 the width of the lot, so moving it closer to the house would leave me with a lot less useable yard area.

- no septic system here, but I do have the biggest maple tree you've ever seen just off the back right corner of the garage (shown as a cross on the layout), so that is a consideration.

- The power panel in the house is in the back left corner, so I'm not too concerned about the power run. I'm planning on using a 2/2/2/4 AL feeder on a 90 amp breaker, which Lowe's carries for less than $2/ft.

Thanks again for the thoughts on the variance. I know its a long shot, but I may submit it anyway just as an exercise. I think its a $75 fee here, and I would much rather them tell me "No" then wonder "what-if".

 

[toddmcdong]

Look up "critical root zone" and how it applies to your tree. If a tree is over 19" diameter here, there are very strict requirements on what you can/can't build in a 9.5' diameter circle around the tree. That may be your only hardship for the variance. They usually don't care about backyard space, $ for wiring or what your neighbor does. FWIW

 

[K'ledgeBldr]

todd brings up a good point- since you clarified your drawing. But I very seriously doubt it would help with a variance.
The CRZ is the maximum amount of disturbance to a root system- and it requires a good deal of fertilizing and watering. Generally, a two year program. The best rule of thumb:
Stay outside the drip-line of the tree. If your going to encroach inside the drip-line then the CRZ comes into play- or you just cut the damn thing down. If they'll let you(?) And/or you have to replace the tree with another tree(s).

In regards to the definitions/requirements for the garage-
I checked the IRC and yes, according to the present printing and your conditions it would require a fire rated wall. However, there is an exception.
SECTION R302 FIRE-RESISTANT CONSTRUCTION

R302.1 Exterior walls.
Construction, projections, openings and penetrations of exterior walls of dwellings and accessory buildings shall comply with Table R302.1(1); or dwellings equipped throughout with an automatic sprinkler system installed in accordance with Section P2904 shall comply with Table R302.1(2).

Exceptions:


1. Walls, projections, openings or penetrations in walls perpendicular to the line used to determine the fire separation distance.
2. Walls of dwellings and accessory structures located on the same lot.
3. Detached tool sheds and storage sheds, playhouses and similar structures exempted from permits are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line.
4. Detached garages accessory to a dwelling located within 2 feet (610 mm) of a lot line are permitted to have roof eave projections not exceeding 4 inches (102 mm).
5. Foundation vents installed in compliance with this code are permitted. See #2? And I thought #4 was interesting.
Related question: Does the house already have an attached garage?

As far as the fire rated wall (if in fact you do end-up having to do it)- I'd use GP's DensGold 5/8" X type on the exterior of the wall. Cover with a house wrap and it's ready for cladding. Doesn't require any mudding, taping, etc. And you can use regular 1/2" d/wall on the interior. The 5/8" X type drywall is only required when there is living space on the other side of the wall or ceiling.

 

[Falcon67]

99.999% chance you will be held to the 3' side offset. I could not get a variance for our 5' side offset and we owned both properties and are moving the fence between them to merge the space. Your neighbor's structure just got the lucky grandfather pass. Note that 3' includes any part of the building, so include the eves.

Your fire rating from National Gypsum

"How do you achieve a 1- or 2-hour fire-rated ceiling in a duct protection, corridor, or stair soffit without incorporating a floor/ceiling design?
I-Stud Cavity Shaft Wall Systems can be erected horizontally and used as economical fire resistive assemblies for corridor ceilings, stair soffits and protection for mechanical ducts. Depending on the span of your ceiling, I-Stud and J-Track depth and gauge required will vary. The I-Stud Cavity Shaft Wall Systems for Horizontal Duct Protection consist of I-Studs 24" o.c. with 1" Fire-Shield Shaftliner panels inserted in the steel tabs, and three layers of 1/2" Fire-Shield C Gypsum Board attached to the stud flanges opposite the shaft liner panels. This system provides fire protection for mechanical ducts and has been tested from both sides. (Refer to WHI-694-0300.1.)
Single layer 5/8" Fire-Shield or Fire-Shield C Gypsum Board attached to the stud flanges opposite the 1" Shaft liner panels provide one-hour fire protection when used as a corridor ceiling or stair suffix. Two layers of 1/2" Fire-Shield C gypsum board attached to the stud flanges opposite the 1" Shaft liner provide two-hour fire protection when used as a corridor ceiling or stair suffix. (See ICBO Evaluation Report #3579 for allowable value and/or conditions of use concerning material presented in this document. It's subject to re-examinations, revisions, and possible cancellations.)"

 

[K'ledgeBldr]

Chris- all of that is for living space like t'houses or multi-family. It wouldn't have any bearing per se with the OP's situation.

 

[offroadsteve]

Sorry for the delayed response guys... was out of town for the weekend and wasn't able to feed my GJ habit at all.

K'ledge - No, the house does not have an attached garage.

I would rather not cut down the tree, its a big tree and was a selling point for us when we bought the house, and hoping it will be the same for whoever buys it next when we are ready to move on.

Chris - Thanks for your experience with an attempt at a variance - that is crazy they still hold you to the offset when you own both lots.

Thanks for all of the great information on both the tree root zone considerations and the information on the fire-rated wall assembly. I have added all of that data to my file on the garage and should all come in handy when the time comes to start construction.

I had hoped to start early spring, but its looking more like early summer now. thanks again everyone!

 

[Falcon67]

Chris- all of that is for living space like t'houses or multi-family. It wouldn't have any bearing per se with the OP's situation.

I thought as much, but they might try to hold him to that anyhow. Nobody around here said anything about wall fire ratings for detached structures, so wasn't sure. The inspectors would have to clarify that. Fer instance - I had a 'discussion" with the foundation inspector - we technically are on IBC 2006, so I was thinking minimum prep and footings per that. He was thinking next city over code, which required much more. The compromise was my 12" footer and his 18" OC rebar layout.

Chris - Thanks for your experience with an attempt at a variance - that is crazy they still hold you to the offset when you own both lots.

They wouldn't budge on that one. Even after I pointed out that a house around the corner sits over two lots, each of which are listed as separate properties on the tax rolls. And that more than one accessory building in the neighborhood didn't have the required side clearance. But I got the main thing I needed, so I figured it was not wise to press the issue. We could have rolled both lots into one and muted the issue but we own the shop lot outright. Encumbering it with the house note/lot didn't really make good sense.

 

[Charles (in GA)]

Chris - Thanks for your experience with an attempt at a variance - that is crazy they still hold you to the offset when you own both lots.

And then he sells one of them, and then you would have code violations. The only way he could change the situation is a deed or combination, making the two properties one, or a survey to do the same thing. Doing this could violate other codes such as having two dwellings on one parcel of property (if there is another house on the other lot).

Edit: OOPs didn't read all the way to the end before responding.

In my County we have a couple of situations where houses were accidentally built across lot lines where they DID NOT own the other lot (vacant with an absentee owner). Should have been caught by the building inspector, but was not. Eventually they were given a choice of tearing it down or acquiring the other lot (if the owner would even sell it) and combining them. Luck was with them and the vacant lot's owner sold it to them for a reasonable price.

In my subdivision we have several owners that own adjoining lots, but cannot build across the lines (even before the codes went into effect) due to HOA restrictions. The HOA was given (at time of creation of the SD) access and maintenance easement of 10 ft along all lot lines effectively preventing building across the lines. I think the developer did this on purpose at the time since there were no codes to stop it. Now we have codes that prevent such situations.

Charles

Charles

 

[offroadsteve]

Just wanted to provide an update and closure on this thread for the archive.

Deciding that I had to learn for myself, I went ahead and submitted a variance request as described in the OP. Finally got to have my hearing in front of the zoning board yesterday evening and as y'all predicted, it was denied. I was not able to provide sufficent evidence of a hardship to support my plan.

Todd - I did not see your comment initially, but after a review of the city code this morning, it wouldn't have mattered. Our town does not have any provision for the protection of existing trees. The only relevent section on "trees" I found in the zoning code was to state that existing trees greater than 6" dia outside of areas to be cleared must be preserved. Not sure that would have helped me anyway because getting out of the "critical root zone" for this tree would have pushed me forward into the yard where I didn't want to be to start with.

Going forward, I am looking at my options and will probably either just shift over the required 3', or possibly move over a full 8' and have a paved parking spot between my garage and the neighbor's garage.

Thanks again to everyone for your input, I appreciate it!

 

[Falcon67]

I'd talk with a Arborist for advice, but I can tell you that we have tons of live oak, pecan and mesquite trees on campus and plenty have heavy structures or concrete pads, monuments, etc invading their root zones. All seem to be fine. They water regularly using effluent water, so I'm sure that helps. But the never spray or fertilize as far as I can tell. The pecans are aphid hives and really need to be sprayed.

 

[Angelfire]

Sorry it was denied.

What separates you and your neighbor's lots? I don't think I'd want only 1' separating my building from say a CMU block wall. Talk about painful to get in there to re-paint, re-side, etc....