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Building over property lines

lpiburn

Silver Member
Joined
Jul 30, 2013
Messages
103
Location
Albuquerque, NM
Not sure if this one belongs in zoning...

Independent senior living (R-2) 2 story, metal framed (2B), sprinklered, about 50,000s.f. (25k per floor).

The lot selected for the project has the official property line set back between 40 and 60 feet from the road, except at the corner, where the road does a sweeping turn and gets to within about 20 ft. of the property corner. The project is set on site so that the building wall on one side is sitting right at the property line. On the other side, the parking lot extends past the PL by about 20-22 ft.

The project is located in a relatively rural area on Native land. Property lines don't mean quite as much as they do in other places. "squatting" on other's property is incredibly common and pretty much accepted. We are working with the public entities (such as they are) to confirm that this setup is acceptable, but it brings up quite a few questions.

In regards to fire separation distance, normally putting a wall on a PL would require a Fire Wall with all the trimmings (or lack thereof). Does it make any difference that this project has about 50 ft of clear open land between the building and the road? Per Chapter 7, the distance "To the centerline of a street, an alley or public way" is about 75 ft.

In your own jurisdictions, is placing building walls over the property line EVER acceptable? Is it OK to build over as long as it is only a driveway or sidewalk? If so, is a special/separate permit required for encroachment into the public right of way per IBC Chapter 32?

I look forward to hearing your responses.
 
Sometimes we allow a developer to build over a property line where that same developer owns both sides of the property line.

Provided that a two-hour fire wall be built along that property line. Developers do not like it but then we tell them to get rid of the property line or move it if they don't like it. They argue that they want to keep the property line in case they want to sell off a portion of their development. Hmmm. Fire wall stays right where the property line is.

In your case, I would have a land use attorney generate a piece of paper and file it away with the Register of Deeds.
 
ladnercoatings said:
It is not wrong way but carry on about first before planning construction. better is out of city
Ladner-

I realize you probably speak like 7-8 languages and English must be a ways down the list so please understand I am not criticizing you here, but for goodness sake my puzzle solving brain can not figure out what you were trying to say there.....

ZIG
 
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