kermit's ongoing infill issues

[dino7c]

At least you can high five your new neighbors without leaving the house

[curves2000]

I don't mean to highjack the thread but I was wondering where someone would turn to get an assessment on the grade of a new infill? Apologizes in advance but I don't want to start a new thread about a similar issue.

I have an older home in Marda Loop and the next door house is new, built in 2014 and been for sale for 4+ years. It was built like garbage and way over priced for the market and the area so it sits vacant. The grading on this house is awful with pretty much any water going off the next door house and onto my lawn. There is no way that this should have been allowed on a modern built home.

Thanks in advance

[Northendzone]

^ I would start with the city and call 311. If they can’t help you or don’t look at that sort of thing, then I am guessing you are looking at bringing in some type of landscape specialist

[Fuzz]

See here,
http://www.calgary.ca/UEP/Water/Docu...0Flowchart.pdf

At the bottom, item 1. Now it doesn't sound like a 100% requirement. You could check with the city and see if they got their "As Consturcted Grade Certificate" discussed on page 2. I'm not sure the requirement for them to do that though? I checked on drainage when I built my garage and the city said they didn't care at all about the details, as long as I followed this guide:
http://www.calgary.ca/UEP/Water/Docu...w_brochure.pdf

and that their was no inspection for it.

[kermitology]

Originally Posted by nik-

PM me about arson.

That’s definitely out of the question since they’re so close it would probably burn down my house.

[Wormius]

Probably shouldn’t joke about arson. Once the builder realizes they might have to redo the place, who knows what they’d do.

[PaperBagger'14]

Originally Posted by Titan

I definitely need to hear more about this!

https://m.alibaba.com/product/606807...-ac-hipot.html

AC hi pot, used to test transmission lines but there's no reason we can't use it as a wood burning kit!

[RogerWilco]

There are two major issues that the City could take action with if the house has been placed beyond the required sets backs. Infills such as this go through a two phase process. The first being applying for and obtaining a development permit, the second applying for and obtaining a building permit. The building permit must adhere to all planning approvals of the development permit to be issued. I spell this out because in my experience most people I talk with confuse the two.

You should go onto "My Property" and input the site address, this will show you all permits that have been applied for in the last 3 years and the status of those permits.

The first permit (DP) requires developments to follow the rules of the land use bylaw. For a single family residence the Min. setback is 1.2m (in most land uses)(approx. 4'), with some projection exceptions. I would call 311, give them the address and also the development permit number (from my property). Maybe send in some pictures and let them know that you don't believe that the house is being built in conformance with the development permit. There is no way that that the planning department would have approved a permit that is within 1.2m of the side property line along the full face. As projections go, they can have only up to 40% of the wall face with no single projection being more than 10' wide. These projections can only project to a maximum of 600mm from the property line. The roof eaves also can only be located up to 600mm from a property line.

When a development inspector goes out and if it is visually obvious that the house is not in conformance with an approved DP they will order the builder/owner to provide an new RPR indicating the location of the structure. If the RPR does not match an approved DP they will be ordered to stop work and apply for a new DP that indicates the encroachments. In all likely hood the planning department will deny the new DP and the owners only course of action at that point will be to appeal a denial to the SDAB (subdivision and development appeal board). There is no logical justification for the appeal board allow relaxation to the by-law that allows the entire house to encroach into the required sets back and they will most likely lose the appeal, at which time they will be ordered to remove the structure.

The second part to this is the Alberta Building Code and the building permit. The ABC does allow structures up to a property line but with different levels of fire protection and allowable openings depending upon the proximity to the property line (limiting distance). At 1.2 m from the property line they are allowed a max. of 7% of the wall face. Within 1.2m there are no openings allowed with some very expensive exceptions. There are all kinds of other fire protection issues with the ABC in this situation as well but I don't want to get any more long winded.

My guess is that if the structure is being constructed across the 1.2m planning set back there could have been a bad survey when pinning the foundation. At any rate, unless they are very close to the approved DP there is not much of a chance they will be able to continue. It would be in the interest of the builder to discover this now, if it is indeed not matching a DP, as for final occupancy an updated RPR will be required for both planning and building. It would quite frankly be less financially devastating for the builder/owner the earlier in the process the issue is discovered.

But also, like someone else stated earlier, in some cases owners don't actually know where their property line are located. Things that they think they own they don't actually own. The entire thing can get pretty messy. The only way to determine this and move forward is to compare an approved DP to a current survey and go from there.

[RogerWilco]

Just to be clear, the main course of action here is with the Planning Department and a development inspector. The secondary issues involve the building department and building inspectors. They are two completely different departments in the City completely separate from each other. For instance, you could obtain a development permit for something that you will not be able to obtain a building permit for.

The building inspector will only be concerned with fire protection ratings and construction type in relation to proximity to a property line. The development inspector will be the one concerned with the overall placement of the building.

[Sliver]

Kermitology - any updates? I hope you're going nuclear. At the rate the structure is going up I'm concerned it's going to just get harder to stop it the longer they work on it. This is one of those situations where you are going to have to advocate for yourself hardcore. This needs to be your priority right now. More important than any job or social engagements.

Can you take some measurements for us? How far is it from your fence. Do you have your RPR? Can you confirm your house is correct for us? Let's attach some objective facts and support to our gut feeling and maybe we can help you get some better assistance on this.

[calgarygeologist]

Originally Posted by kermitology

Here’s a shot from just over the fence. You can see a bit of orange which is the pin marking the property line at the back of the house.

Based on this picture it really doesn't look too bad. Pretty much looks like a typical infill from any neighborhood. Your earlier pictures looked like they were building right up to your fence but that must have been a perspective thing. It sucks but I bet they are right up to mininum distance from the property line.

[bob-loblaw]

Originally Posted by curves2000

I don't mean to highjack the thread but I was wondering where someone would turn to get an assessment on the grade of a new infill? Apologizes in advance but I don't want to start a new thread about a similar issue.

I have an older home in Marda Loop and the next door house is new, built in 2014 and been for sale for 4+ years. It was built like garbage and way over priced for the market and the area so it sits vacant. The grading on this house is awful with pretty much any water going off the next door house and onto my lawn. There is no way that this should have been allowed on a modern built home.

Thanks in advance

I know that new homes have to have a grading certificate completed by the city, but I believe the builder is the one that has to get that looked after.

Kermit, how close would you say the house is to your fence? I can't believe it didn't fall down. When my neighbours house was being built the foreman there told me there's regulations on how far out they need to dig from the foundation depending on how deep they have to dig. It sounded like it had to be done that way so the ground wouldn't collapse on workers. My lot is a reverse pie lot and I have at least nine feet from my house to the property line and they still wrecked a bit of my property.

Because I'm on a reverse pie lot, my deck is narrower than my house because the far edge of it had to be at least eight feet away from neighbours deck.

There may be different regulations for infills with space between homes depending on the neighbourhood. In McKenzie I'd be surprised if those homes are six feet from each other. It's so narrow most them only have one gate going to the back yard.

[kermitology]

Originally Posted by calgarygeologist

Based on this picture it really doesn't look too bad. Pretty much looks like a typical infill from any neighborhood. Your earlier pictures looked like they were building right up to your fence but that must have been a perspective thing. It sucks but I bet they are right up to mininum distance from the property line.

I’ll take a picture of the measurement, but it’s 37.5” from the back corner to the fence, and I can take a picture with the property marker pin in view that is a few inches inside the fence line. It’s sub 1 m there.

[CroFlames]

God I hope the city halts the building and orders demolition.

What an ####### builder.

[Wormius]

So, out of curiosity, what are they doing on the other side? Are they encroaching that close to the other neighbour?

[RogerWilco]

Originally Posted by calgarygeologist

Based on this picture it really doesn't look too bad. Pretty much looks like a typical infill from any neighborhood. Your earlier pictures looked like they were building right up to your fence but that must have been a perspective thing. It sucks but I bet they are right up to mininum distance from the property line.

Yeah, just check out your current RPR to see how far you are from the property line. Then measure the distance from your house to the new one being constructed. Subtract the two and you will know how far they are from the property line. But based on this picture it doesn't look too bad. Hard to tell from a photo.

[kermitology]

Spoiler!

You can see the pin that indicates the property edge and should be able to see the measurement to the edge of the fence 37.5”, or 0.95m

My side yard is 1.4m to the fence

And for those who asked for the shot of the cantilever, here is theirs compared to mine. Shot is taken with my phone facedown on top of the fence.

[RogerWilco]

I wouldn't use your fence as a reference, use an RPR and then measure the distance the houses are apart. You should have an RPR in your purchase documents.

[calumniate]

Originally Posted by RogerWilco

I wouldn't use your fence as a reference, use an RPR and then measure the distance the houses are apart. You should have an RPR in your purchase documents.

Somebody should be buying you lunch!

[You Need a Thneed]

As others have said the only way they could possibly build that close to the PL, is with an approved DP, which could likely only be given with written approval from the impacted neighbour.

If the wall was 4' from the property line, the projection looks like it would be acceptable.

I wonder if they made a survey error when laying out the foundation. That would be my guess. It'll be a costly mistake.