Issue is not getting a permit itself, but that they issued a permit and upon final inspection declared that it was in the setback and needs to come down!
I'm looking for ammo for when I speak with the Building Official; possibly trying to get it removed from the permit.
Vlad,
As noted by many here already, you are looking in the wrong direction.
In many places, and I will take a chance since NYS is one of those places that likes to poke their nose in everyone's business. Location on the property is regulated by the zoning department, you might have submitted it to the building department, but it is in zonings hands.
Additionally, even if you were per say not required to submit for a building permit because of its size, it would still be subject to zoning as a structure on the property. Hence location, location, location.
you are currently searching for a loophole that does not exist from where I am sitting. You see the fact that whomever, you or if you hired someone else, built or assembled the pergola in the wrong place, simply did not follow the plan you submitted.
There is an old saying, not sure who said it first, but when you are in a hole, stop digging.
There is another old saying, education costs money, and it does not mean you necessarily pay a university, college or trade school to obtain that education.
And yes I should have 5 PHD's and a few other credentials to add to my high school diploma, none of which came with an .edu email address....
