Poured concrete foundation build 24" too low

[Dropstone]

 

[Dropstone]

5)SET BACK LINES- No building or any part thereof, including garages and porches but not including decorative fences or wall or retaining walls, shall be erected closer than ten feet to any side lot line, more fifty feet to any front lot line. Fences of any kind will not be permitted except at the rear lot line. If the is necessary a retaining wall may be constructed for the purpose of stability of construction. Front lot lines is defined as the line which fronts on the public or dedicated street. Frontal set back line for lots which corner and front on two streets shall be determined by measurement to the street on which the house faces so placed at the time of construction. Rear determined by measurement to the street on which the house faces so placed at the time of construction. Rear building lot lone is defined as a line coincident with furthest rearward extension of the house to the side lines of the lot.

Ive disconvered the two points (1/2" Iron Pin "Murryan" Set. However I am confused about what they mark. They appear to be in the center of the 50 foot right of way and therefore 25' back and 25' forward would be the rear most line of the 50' set back and the front most part of the 50' set back which is the front property line. There for no part of the structure to include porches or garages should be built in there. He has compiled with the building being back behind that line but he's built the front porch 11' into the 50' set back if Im reading this correct. The porch is built 13' beyond the line labeled '25.00' set back line'.

This is only a problem because If I pour a new sleeper wall against the house to raise the grade, then Ill be pouring into the 50' set back line. No wonder he wants a full release of liability.

The stamps on this map are from Planning Commission Approval executive director, County Commissioners Approval 3 commissioners and clerk, Board of county commissioners, County Engineer Approval

 

[JCraver]

The iron pins are the corners of the property, and the edge of the right of way. The right of way is 50' between the 2 lines that look like this: - - - ------- - - -

The line that looks like this: -------------------- is the front setback line.

 

[Dropstone]

ahhh.... now I see. thank you. So, It says in this covenant.... 'No building or any part thereof, included garages and porches, but not including decorative fences or wall or retaining walls, shall be erected closer than ten (10) feet to any side lot line , nor fifty(fifty) feet to any front lot line. My building is forward of the set back line by 12 feet due to a porch (12x12 with roof cover, poured footer walls and poured concrete floor. Does that mean he built it over the line he shouldn't have?

The only reason why Im concerned is that a possible solution to this foundation issue is to pour an additional wall about ten feet off the original basement wall and create a roof covered wrap around porch that would be considered the exterior wall as it would eventually be come enclosed and interior space. Id seen this once in a building with multlevel basement walls. Expensive yes, but at least if im out of pocket for these repairs, it should add nicely to the house. Then again if Im now building my building into the line which shouldn't be crossed then its not an option.

 

[e hilton]

My building is forward of the set back line by 12 feet due to a porch (12x12 with roof cover, poured footer walls and poured concrete floor.

Are you saying your house is 12 ft into the 25 ft setback? The front of the house is only 13 ft from the prop line?

 

[Dropstone]

sort of. Specifically, the front face of the building is 25' back from the set back line but, the porch extended 12 feet from the building(right on the set back line). My covenets say no part of the building to include garages and porches. So really, its my porch thats in question here.

 

[JCraver]

I'm confused, but it may be just me.. You have to measure from this line - - - ------- - - - as that is the front property line. I don't understand why the "25.00' set back line" is even on the print if the covenant says 50' like you say it does, unless the 25' line is the actual jurisdiction requirement. If the 25' line is the actual jurisdiction zoning requirement then the only enforcement of the covenant is by the HOA or whatever the developer has set up, so all you have to decide is if you want to fight the setbacks with him. The actual jurisdiction won't (shouldn't) be enforcing any private covenants. Meaning they'll sell you (or they should) a permit for the porch, as long as you don't cross that 25' line. If there's a legit HOA or other association set up that is actually enforcing the covenants, then you and your builder are already in trouble with them if you're 12' in to their setback.

 

[e hilton]

I don't understand why the "25.00' set back line" is even on the print if the covenant says 50' l

Glad you asked that ... confused me too. This whole thing is a train wreck.

 

[ADAguy]

Is wood at foundation level treated, is there a subsurface drain, G.I. flashing at bottom of finish, is finish stucco or other? Will he be installing a membrane?

 

[ADAguy]

I may have missed this but you have retained a "competent" attorney as to the language of any release?
If you chose to receive that lot and later develop it you will need a better contractor and sales agreement.