Isn’t the town supposed to help me?

Posted

Q. I tried getting help from my town about zoning but they told me they don't give it out. They told me to get an architect. I just wanted to know how far out into my front lawn I can build a one-story extension. It seemed like a fair question, but they were rude and wouldn't let me speak to anyone. Why can't they tell me the average setback? For what we spend, shouldn't we get something back?

A. You could have received more guidance if you'd known who to speak to and what to look for. I recently watched a man ask for his lot information, and a counter staff person told him he'd have to go home and look for his tax records or deed, then come back. The information was in the computer system right there, as well as across the hall in the property records department. Some staff people ruin it for the rest of their department, who are very helpful and could have guided you. You should have been given an appointment with a plans examiner, who could have easily explained the basic first step to getting your average front yard setback, but because there really is much more to the whole process, you ultimately need an architect who is used to navigating state codes and local building and zoning ordinances.

The front yard requirement for your jurisdiction is similar to many in the area, but remember, different departments and individuals interpret details and nuances differently. There is no "level playing field," just like baseball fields aren't all the same shape and size. In your case, you need to get front setback information for each property within 200 feet of yours. For 60-foot-wide properties, go four properties in each direction. In some jurisdictions, the setback is taken from the building; in others it's taken from the furthest projection, such as steps or planters. The part of the building used is further complicated by taking the built structure -- steps, planter -- and using just the first portion that's higher than 8 1/4 inches, 1 foot, etc., depending on the official's interpretation of what constitutes a building part that requires a permit. Then you need someone to stretch a tape measure to the curb line of the neighbors' homes, which becomes your uniform reference point. Once you have each property measurement, compare your survey's front setback to the one you took to the curb and subtract. The difference is then used to subtract from each neighbor's property. After you get the number for each property, omit your property and add the numbers up, dividing the total by the number of properties to get the average. More reliable information would come from a licensed surveyor or by getting surveys from the Building Department for each property, then averaging. Next, hire an architect. I would go over your numbers just to check them, anyway. Good luck!