The Home Improvement Thread

[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.

[Hockeyguy15]

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.

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.

[mrkajz44]

Hmm - missed that it was a walkout. I just assumed this was built recently.

Anyway, everything I said still holds, but if the permits and there and approved, then there is pretty much nothing that can be done.

[OMG!WTF!]

You can get permits after you've built the deck too. So as long as it meets guidelines, there would be no case for privacy. Although making them jump through the hoops would be a hassle for them and some expense. Even if it's slightly above and beyond those limits the city generally grants a relaxation if it's not egregious.

[jeffporfirio]

Originally Posted by Hockeyguy15

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.

It was put in about 1 year after construction, by a third party, not the builders.

Will contact the city, thanks-to-all for the replies.

[llwhiteoutll]

Originally Posted by Hockeyguy15

That's not correct, this is for a non-walkout. A walkout it would be considered a balcony rather than a deck.

Only if the basement is considered to be the first storey.

[Hockeyguy15]

Originally Posted by jeffporfirio

It was put in about 1 year after construction, by a third party, not the builders.

Will contact the city, thanks-to-all for the replies.

Interesting. I'm surprised any builder would not put one, just seems like a liability issue for them since any idiot could walk out the door and fall.

[jeffporfirio]

Originally Posted by Hockeyguy15

Interesting. I'm surprised any builder would not put one, just seems like a liability issue for them since any idiot could walk out the door and fall.

Yep. They actually left it like that for over a year, with small children.

[topfiverecords]

1. Go here: https://maps.calgary.ca/myProperty/
2. Click their property, and any permits they have should show. If the deck was built by a 3rd party a year later it would need a new permit and not be included in the original home BP.
3. Any deck built over 2' above grade needs a BP. Any deck built over 5' above grade needs a DP as well except when located over a walk-out basement. Any deck built 0.3m higher than a main floor at any point needs a DP.

The height of a deck in the Developing Area must not exceed 0.3 metres above the main floor level of the closest main residential building on the parcel.

(2) The height of a deck in the Developed Area must not exceed:

(a) 1.5 metres above grade at any point, except where the deck is located on the same façade as the at-grade entrance to a walkout basement; and

(b) 0.3 metres above the main floor level of the closest main residential building on the parcel.

[jeffporfirio]

Just an update.

Called 311 and got transferred to planning and development.
As I thought, no permits (building or development).

[Barnes]

Originally Posted by Hockeyguy15

Interesting. I'm surprised any builder would not put one, just seems like a liability issue for them since any idiot could walk out the door and fall.

They will do it but not make the door operable. At least that's what they did for my house but it was just the 2 steps I refused to pay $500 for. Walkouts might be different although I have seen a bunch of balconies added after people move in in my neighbourhood. I watched a guy slap together a bunch of not treated 2x6"s for his balcony.

[Sliver]

Originally Posted by Hockeyguy15

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.

A builder doesn't need to put a balcony in. I had a new house built that was a walk-out. I did the deck myself after we moved in as I could do it for less money than they were charging.

[V]

Yeah, it's crazy how much you can save by doing your own deck. I'm pricing one out now and I think I'll be able to build it for under 5 bucks a square foot. I hear that a contractor will charge you 25 bucks a foot. That's insane.

[speede5]

Originally Posted by jeffporfirio

Just an update.

Called 311 and got transferred to planning and development.
As I thought, no permits (building or development).

http://globalnews.ca/news/3553546/we...oze-2-6m-home/

[jeffporfirio]

Originally Posted by speede5

http://globalnews.ca/news/3553546/we...oze-2-6m-home/

I gotta think about this, before I put in a complaint.

They are very vengeful people. Our neighbor across the street complained to the city that they leave their dog and cat out outside all day, and they have taken multiple petty actions in "revenge" for calling them out. (they make their visitors park in front of their house and block his driveway, they make their dog poop in his front yard on purpose, they leave their 5th wheel in front of his house for days on end, he power washes his dirt bike in front of his yard and leaves all the mud and dirt in their driveway, he makes their kids paint this neighbor's driveway, he has knocked over his recycling bins with his truck, etc. and they brag about it)

So yes, have to think about this.

[topfiverecords]

Plant a row of Swedish columnar aspens along the fence line. They grow fast and tall.

[Hockeyguy15]

Originally Posted by jeffporfirio

I gotta think about this, before I put in a complaint.

They are very vengeful people. Our neighbor across the street complained to the city that they leave their dog and cat out outside all day, and they have taken multiple petty actions in "revenge" for calling them out. (they make their visitors park in front of their house and block his driveway, they make their dog poop in his front yard on purpose, they leave their 5th wheel in front of his house for days on end, he power washes his dirt bike in front of his yard and leaves all the mud and dirt in their driveway, he makes their kids paint this neighbor's driveway, he has knocked over his recycling bins with his truck, etc. and they brag about it)

So yes, have to think about this.

More than likely the deck is within the bylaws, it's just the fact that your house is lower than his and theirs is also a walk out so the deck is higher than if it wasn't a walk out.

Putting in a complaint likely won't see them having a deck that is lower than your fence.

You could always get something like this, and close the one side that faces the nosey neighbour.
https://www.homedepot.ca/en/home/p.h...001025208.html

[OMG!WTF!]

Never hurts to keep an arrow in your quiver either. If they turn into total wankers you could ask them about their deck. They will have to get permits anyway when they update their rpr when they sell the house. So it's probably not a huge issue.

[V]

I enjoy stories of neighbours like this. It helps me appreciate living in the country.

[surferguy]

Have you tried setting fire to their deck?