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  1. J

    What happens if a city approves a deck that seems to violate fire codes

    I think I've pretty much got all the zoning codes listed that apply to my case. The deck fails on 5 of those. Would a professor of construction management be considered an expert?
  2. J

    What happens if a city approves a deck that seems to violate fire codes

    No they didn't - I think it might be too small a job for them.
  3. J

    What happens if a city approves a deck that seems to violate fire codes

    I've actually created a Facebook event - I wish I could get an independent zoning person to look at the zoning and confirm my findings. I'm happy to pay but my pockets aren't very deep:(
  4. J

    What happens if a city approves a deck that seems to violate fire codes

    How do I do that?
  5. J

    What happens if a city approves a deck that seems to violate fire codes

    Well - that's a depressing story. The State ruled in my favor that my appeal was timely and the day after the ruling the city magically came up with two affidavits from city workers claiming they "couldn't recall" if they had let me see the plans. Even though the "couldn't recall" events don't...
  6. J

    What happens if a city approves a deck that seems to violate fire codes

    They don't seem to care that I have put out a lot of money trying to fight this nonsense. Are you in Provo?
  7. J

    What happens if a city approves a deck that seems to violate fire codes

    Well, yesterday I would have said "yes" emphatically but yesterday evening the city sent an email to the State with sworn affidavits from two of their staff members saying that they were contesting the State's decision that my appeal was timely. Fortunately, I was able to refute much of what was...
  8. J

    What happens if a city approves a deck that seems to violate fire codes

    Got it - everything is easier with a little help from a pro!
  9. J

    What happens if a city approves a deck that seems to violate fire codes

    I double and triple checked with the city and I have it in writing that we're R2PD. It doesn't make much difference as if the current structure violates R2Pd rules then it definitely violates R3 rules more.
  10. J

    What happens if a city approves a deck that seems to violate fire codes

    Wow! How do I get hold of that? Our zoning is R2PD not R3 (although I think R3 fits better) but a permit issued in an R3 zone should have been more restrictive. They also didn't have a 5x8 deck before ...they had a 3 foot by 5 foot concrete stoop at the top of concrete steps. Can you send me the...
  11. J

    What happens if a city approves a deck that seems to violate fire codes

    "Fun" is not what it feels like. At this point if my neighbor offered to make the deck a more modest size I would go with it but I am certain that IF I win against the city then he will need to remove it completely. That has never been what I wanted - I don't care if he has deck but a "yard...
  12. J

    What happens if a city approves a deck that seems to violate fire codes

    When I asked the city which ordinances applied to the permit they said it had been issued based on the definition of a patio. Patio or Accessory structure are the only two options in Provo City's definitions that could apply to a deck.
  13. J

    What happens if a city approves a deck that seems to violate fire codes

    I saw that which is why I knew they needed a permit but "patio" doesn't cover it based on their definition of "not higher than 30" " which is why it fits more with "Accessory Structure".
  14. J

    What happens if a city approves a deck that seems to violate fire codes

    There was a time limit but it is based on determining the triggering event. The city said it was the day the permit was issued but I argued (using Fox v. Park City) that my appeal was timely based on the fact that the City refused to show me the plans and therefore I had no "actual knowledge"...
  15. J

    What happens if a city approves a deck that seems to violate fire codes

    THE STATE UPHELD MY APPEAL!!! IT'S OFFICIAL - I CAN GO TO COURT :)
  16. J

    What happens if a city approves a deck that seems to violate fire codes

    You definitely have the facts - I think the city does not want to lose face by admitting a mistake ...that's why they're fighting the timeliness not the violations. I just want it put right - I've told them I won't sue if they put it right. They're mad because I'm getting an advisory opinion...
  17. J

    What happens if a city approves a deck that seems to violate fire codes

    I do have an attorney but I'm trying to do as much of the legwork as possible to save costs.
  18. J

    What happens if a city approves a deck that seems to violate fire codes

    I've had a couple of bites from the press but I've been wary to move forward until the Advisory Opinion issues its opinion as given that the city dropped the ball on this permit and the neighbor is a former Senator and the HOA board went rogue this story could grow arms and legs once its out...
  19. J

    What happens if a city approves a deck that seems to violate fire codes

    The State are waiting for the city to reply as the city attorney said he is preparing a response. That was almost two weeks ago and so far they have not responded. Their first response was interesting as it did not focus on the zoning violations only on the timelines of the appeal. They pulled...
  20. J

    What happens if a city approves a deck that seems to violate fire codes

    What would you call it? Provo city's definitions only have "patio" or "accessory building" to base this on and either way it violates their definition and/or code.
  21. J

    What happens if a city approves a deck that seems to violate fire codes

    I have filed an appeal with the State Ombudsman which has stayed the BOA hearing. If the State come out in my favor and say the appeal was timely they will issue an opinion. From what I can gather, if the State opinion supports me then the BOA will pretty much go along with the opinion. If the...
  22. J

    What happens if a city approves a deck that seems to violate fire codes

    That is the strange thing - in Provo you don't need a permit for a Patio but that was what this building permit was issued for. It is clearly not a patio (Provo city says a patio is a relatively flat structure not exceeding 30" in height.) The CC&R's have strict guidelines for building in the...
  23. J

    What happens if a city approves a deck that seems to violate fire codes

    This deck has multiple zoning issues. I filed an appeal with the Board of Adjustments but the city is fighting it hard saying it is untimely but I don't think it was as you need to have "the basis of the facts on which to file an appeal" (Fox v. Park City) before the triggering event for the...
  24. J

    What happens if a city approves a deck that seems to violate fire codes

    What are you thinking?
  25. J

    What happens if a city approves a deck that seems to violate fire codes

    That's what I thought - I thought that after the PD was approved then R2 zoning had to be upheld. Am I missing something?
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