Overlapping buildings from different properties

[BayPointArchitect]

With reference to the attached illustration, what would be the general procedure that would allow a new building to overlap an existing building? Currently, both buildings and properties would be owned by the same owner. But the owner wants to maintain separate properties.I am assuming that it involves Planning Department, lawyers, paperwork with the register of deeds... etc.Thanks!ICC Certified Commercial Plan Reviewer

View attachment 1592

NonratedRoofOpenings.pdf

NonratedRoofOpenings.pdf

 

[Coug Dad]

Would the height / area numbers as a single building of Type III or V-B construction? And you are spot on, this will involve a whole range of issues and departments. A code alternate is probably a must.

 

[pwood]

a lot line adjustment is a must! period!

 

[Coug Dad]

a lot line adjustment is a must! period!

Many cities have accomodated this without lot line adjustments by utilizing restrictions recorded on each property's deeds. Have the real estate lawyers look at the ownership, financing, tax implications, historic building impacts, building and fire code issues and establish the best path for all to follow.

 

[fatboy]

To me, adjusting the line does no good, it will create problems within the existing building, the lot line needs to go away. Am I missing something? I can't wrap my mind around a building crossing a property line, no matter what height above an adjoining property.

 

[texasbo]

To me, adjusting the line does no good, it will create problems within the existing building, the lot line needs to go away. Am I missing something? I can't wrap my mind around a building crossing a property line, no matter what height above an adjoining property.

You're exactly right from a building code standpoint.

However, if you want to solve the problem administratively, a perpetual unity agreement could be drafted and filed with the property records. You would need an attorney for this, of course. The unity agreement would tie the properties together, and if there was ever a desire to separate them, the code issues would need to be dealt with.

 

[Papio Bldg Dept]

As to your drawing, and not addressing the property line issue, that is how we have handled separated occupancies that overlap in the past. We were able to achieve this by using Type IIB construction and using UL listed ratings for floor and ceiling ratings and making sure all roof penetrations were the correct distance from openings. We did not consider using IB. Will have to look at that in the future. Thanks.

 

[pwood]

To me, adjusting the line does no good, it will create problems within the existing building, the lot line needs to go away. Am I missing something? I can't wrap my mind around a building crossing a property line, no matter what height above an adjoining property.

i am in agreement with you. adjust the lot line to where it does not go thru the buildings and a legal lot remains or eliminate the line. protection of openings,wall ratings, too many code issues to make them go away with suits(lawyers) and papers(legal). money talks and inspectors walk in some areas!

 

[Paul Sweet]

Air rights aren't unusual in large cities. A private high-rise office was recently built here in Richmond that extended over a parking garage owned by a municipal authority.

 

[AegisFPE]

I think it is appropriate to protect the lower roof as a horizontal projection of the fire wall to the furthest face of the taller building as shown.

However, where such roof construction extends across the roof at least 10 feet past where the taller building intersects the lower building (based on Exception 2 to 706.6.1) it would seem that the 30-inch protection up the face of the taller building need not be required.

 

[Coug Dad]

Aegis,

The downtown YMCA is a good example of how it can be done.

 

[TJacobs]

The right thing to do is comply with the code. I'm with fatboy.