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View Full Version : Anyone here ever appealed setback requirements? Jeffco residential...



Martinjmpr
07-18-2017, 13:06
Just curious if anyone has any real-world experience with applying for a variance or appealing setback requirements for a residential home in Jeffco.

I've been looking it up online and I think I found the forms, just going through them now.

Situation is this: We have a corner lot and right now the yard that sits on the side of the driveway is pretty much useless to us. We want to fence it off but setback requirements prohibit us from putting a fence forward of the front face of the house. In most cases I agree with this requirement but in our case it would actually just be an extension of the neighbor's back fence (because we're on a corner) so it really wouldn't look that bad, nor would it impede visibility. It would also double the size of our usable fenced in "back" yard.

I know appealing a setback requirement is going to be a tough sell but I wanted to know if anyone here had actually done it. Other than filing fees it won't cost us anything since I'll be doing the legal work for myself.

Thanks in advance!

jslo
07-18-2017, 17:28
I see Littleton, good luck. Setback's are probably a zoning call vs a building department call and Earnie can be tough. If it is a zoning thing, I have no experience with/if they have an appeals review board. The building departments is made up of citizens, like you and me. They can be much more flexible on certain code requirements where the building department's stance has always been to follow the adopted codes. I just finished some work for a guy that heads up that review board. One thing you might consider, if it would work in your situation, is a lower more "decorative" Mayberry type picket fence. Seems I still see those around and am actually doing one in Denver shortly. And a bonus, at least in Denver, no permit required under 4'.
Again, good luck.

funkymonkey1111
07-18-2017, 17:47
May not be particularly helpful to you, but i did a fence height variance in Arapahoe County and it was quite easy, but I imagine in your circumstance it might be a tougher sell. I'd suggest taking sightline photos to your hearing so the committee/board (whatever) can truly see what the situation is and the potential new construction if they approve it. In fact, if possible, could you mock up what you wanted to do and photograph it? (e.g., with cardboard, plywood, foam insulation panels, etc.--again to show them your desired result and how it isn't a hazard.

if it isn't approved, how about hedges?

Erni
07-18-2017, 18:38
Find a planer in your city that deals with this. Usually there is a designee for customer service and you will be routed to them. Be nice and listen to what they say. In Longmont you can usually get variances through. Some of the bigger variances may require a planning comission approval, you will need your planer to support you on this.

CO Hugh
07-19-2017, 10:06
You can PM or call me.

I have done them in Denver, and some other areas. My recommendation is first talk to your neighbor and find out if they will consent. If so obtain written consents, you may need some sketches or plans, I'd say rough but good enough to show the planners that the neighbors knew what they were signing. Talk to other adjacent landowners, and maybe even a few farther away. You can also gain a lot of intelligence by talking to these people.

Then check the procedures for obtaining a variance and go down to the county and talk to a planner and the building department. Also check whom you have to send referrals to, ie the fire department and while of the agencies are fluff, like the Parks, if the fire department or a major agency like that objects it may be very difficult to obtain the variance.