Thursday, October 1, 2026
Q. I keep going back and forth, literally, from my plans to my yard, because we’re putting on an addition, which I wanted to be bigger, but I also want to avoid a zoning variance. I understand that a variance would add time and money to the whole process, and if it can be avoided, that’s what I want. But my property looks bigger in every direction from where the addition will go, and I don’t understand why. I used my survey and carefully measured to my sidewalk and fences, and the distances are much more than the survey shows. Should I get another survey? Do you ever see this, and can you explain whether I’m doing something wrong to get the distances?
A. From your description, the only thing you may be doing wrong is assuming that the sidewalks and fences are actually boundaries when they probably aren’t. It’s good to avoid the zoning variance process whenever possible, since the request to vary from the zoning regulations is supposed to be reserved for proposed work only when there’s a practical problem in resolving the design and/or when there isn’t a better alternative.
Unfortunately, the location of many properties isn’t uniform to sidewalks and streets. In other words, the sidewalk is often not a property boundary, but is set back a uniform distance from the street and is a uniform width parallel to the street. The original property line may be inches or even feet farther away from the sidewalk or street, and not right at the edge of the sidewalk. Sure, you take care of that lawn and assume it’s yours, but, in truth, it often isn’t your property, but instead is part of the street right-of-way.
When it comes to fences, most often a fence company needs to get in, get out and get paid. As a result, the fence may be in the right place, but probably not. I’m very impressed when people show me the fence permit their new fence received from a responsible fence company, mainly because I rarely see those permits and, instead, we get bogged down with applying for the fence permit when called to do a much larger project.
I rarely see a survey where the fences are placed directly on the property line, which is where they’re supposed to be. Instead the fence line meanders off the property line in one direction or the other because nobody wanted to spend money or take the time to have the property line accurately staked by a surveyor. So what you may be measuring is possibly off your property line, giving you misleading information.
What should be done is to confirm, with a stake-out, the location of the property lines to determine the location of your proposed addition. You could also ask to have the property staked to know if other fences are correctly placed, and include locating the new addition. Good luck!
© 2026 Monte Leeper. Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.
