Quote:
Originally Posted by mrkajz44
I worked at the city for a bit in a group that handled development disputes (decks, fences, garages, etc.) For most decks, the person needs a development permit in order to build a deck in the first place, which probably 90% of people don't. You also need a building permit, but at least some people are smart enough to get that.
I'm not sure exactly how the development disputes got to our division, but I'd suspect you could start the ball rolling by contacting the city to see if the proper permits were received. If they were, then you are SOL as the city has already approved it. If they were not, then I think you can get the ball rolling and start the dispute.
Based on the limited number of hearings I actually went to, if the deck floor is above the fence and you can show your privacy is infringed upon, you likely have a good case to make them either take down the deck or make some sort of modification to increase privacy.
Good luck!
EDIT: The development permits not only cover height, but distance in the the side yard and back yard as well (decks must be a minimum distance from property lines and usually the side yard limit is violated). So if you don't have an argument for height, you might have a case in terms of distances from property lines.
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The house is a walkout, I highly doubt that there are no permits and that the city would make him remove it.
If fairly certain that the builders need to put the balcony and it wasn't added after, as it would be a safety issue to not include it at the time of construction.