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jorjef 12-06-2010 06:49 PM

All good points, and you hit the nail directly on the head.. the world has become an uber safety nightmare. I had a chuckle when you mentioned the older house basement windows, that unless you are "Elasto" man no one would ever fit through. If your wife is anything like mine best to get her "stamp" of approval as a future bedroom for Jr. lol

sphelps 12-06-2010 06:54 PM

Quote:

Originally Posted by toxic111 (Post 570870)
I am working at home today, so I can't check my code regarding the sprinklers in single family homes & egress. I do use that clause to have no opening windows in apartment buildings.

An option may be to remove the windows & install glass block to bring in natural light, but still meet the protected opening clause in the code.

Another option I did mention in a previous post is to use a sprinkler protected window, that you would have to check with the sprinkler designer.

On another note it is possible to buy 5cm of land from your neighbor, it does happen, more times than not. It would be a process & expensive as well, plus talking your neighbor into losing 5cm (2in) of land, plus survey costs, as well as all the legal costs with the city.

There may be another couple options as well. Do you know who the permit agency was that provided the building permit? was it the county itself? or a seperate permit agency? Some permit agencys are good to deal with, others, well we won't talk about those.

How does a sprinkler protected window work? The sprinkler system does need to be redone so adding such an option is definitely a possibility.

Buying the extra land would be ideal I think. Even with the added costs it probably wouldn't cost much more than removing the windows and possibly installing new ones. The house next door is actually still owned by Douglas Homes which my Realtor just happens to work for so it might be pretty easy to get permission.

The permit agency is permit pro. What other options would I have? Permit Pro didn't mention anything other than removing the windows.

sphelps 12-06-2010 06:57 PM

Quote:

Originally Posted by jorjef (Post 570873)
All good points, and you hit the nail directly on the head.. the world has become an uber safety nightmare. I had a chuckle when you mentioned the older house basement windows, that unless you are "Elasto" man no one would ever fit through. If your wife is anything like mine best to get her "stamp" of approval as a future bedroom for Jr. lol

Oh yeah I can't do anything without that stamp :lol:

toxic111 12-06-2010 07:01 PM

This link would give you an idea of how the sprinklered protected glazing works. http://www.municipalaffairs.gov.ab.c...r/06BCV010.pdf

You may want to talk to Permit Pro to see if that would be accepted as an option, it might be as simple as adding 1 or 2 heads per window. If there is enough water pressure etc.

We usually like dealing with Superior when can, though permit pro is another we work with frequently. But since it is permit pro, there are no options that way. Getting talking with permit pro about other options may be the best way.

Shoot me a pm tomorrow when I am at the office to remind me to look in the code to see if I can find some things out. Is it a walk-out basement as well?? if it is that may help with having bedrooms with no windows.

sphelps 12-06-2010 07:10 PM

Quote:

Originally Posted by toxic111 (Post 570882)
This link would give you an idea of how the sprinklered protected glazing works. http://www.municipalaffairs.gov.ab.c...r/06BCV010.pdf

You may want to talk to Permit Pro to see if that would be accepted as an option, it might be as simple as adding 1 or 2 heads per window. If there is enough water pressure etc.

We usually like dealing with Superior when can, though permit pro is another we work with frequently. But since it is permit pro, there are no options that way. Getting talking with permit pro about other options may be the best way.

Shoot me a pm tomorrow when I am at the office to remind me to look in the code to see if I can find some things out. Is it a walk-out basement as well?? if it is that may help with having bedrooms with no windows.

Yes it is a walkout.
Thanks for the info I will contact permit pro and ask for other options.

toxic111 12-06-2010 07:16 PM

Hope some of my info will help you out. Its always hard when somebody screws up.

darb 12-06-2010 07:48 PM

Quote:

Originally Posted by sphelps (Post 570843)
No the other house has lots of extra space. Currently the other house is 1.85m where my house is 1.15m. So if possible one could reduce the other house to 1.80m and increase mine to 1.2m. This way both houses would be in spec since the limit is 1.2m and I can't see how someone would miss 5cm from their side yard, it's not even noticeable.

That would work well in your favour for a variance application. It may be your best bet to invest in a consultant (lawyer?) to put together a solid application since the combined total space between structures exceeds the minimum requirements and thus there is no increased risk due the the 5 cm encroachment by your house. Logically .....

sphelps 12-06-2010 08:18 PM

Quote:

Originally Posted by darb (Post 570895)
That would work well in your favour for a variance application. It may be your best bet to invest in a consultant (lawyer?) to put together a solid application since the combined total space between structures exceeds the minimum requirements and thus there is no increased risk due the the 5 cm encroachment by your house. Logically .....

Yes it would work well but I just spoke to my Realtor who informed me this isn't an option and hasn't heard of anyone doing this in the 20 years he's been in the business. However my trust in this particular Realtor is fading more everyday that goes by. I think I'll discuss this with my lawyer as apparently the banks (seller) lawyer has also stated that they have already perused every possible option available and the only thing to do is wait for the verdict from Wheatland which as far as I can tell will be a conditional variance based on removing the windows completely and possibly reinstalling special grade drywall on the entire right side of the house.

toxic111 12-06-2010 08:23 PM

The realtor don't know what they are talking about, it does happen, maybe not there, but it should be able to be done.

Adding one layer of 5/8" type 'x' Gypsum is not a big deal, in fact you might have to only use 1/2' Type 'C'.

Though I would keep persuing with buying the land to start with.

You would think the bank, realtors, county would be doing anything they can to get the house sold, esp with the problems it has.

sphelps 12-06-2010 08:40 PM

Yeah I'm going to look into it more.

While adding another layer of Gypsum doesn't sound like much it's just one more thing we would have to add to a growing list. The upstairs drywall is complete and painted so going backwards again isn't ideal. The living room also has a gas fireplace on that wall which is all built in with drywall so going around that area alone will be significant.

The proposed conditions from Wheatland for the variance are exactly as follows:

Quote:

A new building permit required to complete house and allow for occupancy.
C Schedules will be required from the professional engineer overseeing the Fire Sprinkler System.
The basement windows on the right side when facing the front of the house removed and covered over with stucco and/or parging.
Within the dwelling unit and basement area, the right side is to have installed from the underside of the floor sheathing to a minimum of 12 inch exterior grade.
So yeah buying the extra 5cm of land would be way easier.

toxic111 12-06-2010 08:55 PM

buying the land will be much easier, that is for sure.

sphelps 12-06-2010 09:07 PM

Quote:

Originally Posted by toxic111 (Post 570907)
buying the land will be much easier, that is for sure.

Is a lawyer the best person to discuss this option with or should be be with the county?

toxic111 12-06-2010 09:41 PM

in this case I think I would be talking to the builder of the other house and see if they are intrested on working something out with you. If they are willing, then it is time to get the lawyers involved.

StirCrazy 12-07-2010 10:45 PM

Quote:

Originally Posted by sphelps (Post 570875)
The house next door is actually still owned by Douglas Homes which my Realtor just happens to work for so it might be pretty easy to get permission.

If both properties are still owned by the developer being sold by douglas then ask them to resurvay the ajoining property line 3" over as the house is not sellable as is.

if they are still in that phase the 300.00 buck survay cost is probably no problem for the developer/agents to adsorb.

Steve

sphelps 12-08-2010 12:13 AM

Actually after getting more information it turns out it's the roof which extends out too far, the distance between the actual foundations isn't a problem. According to the actual listing agent many houses in the community had the same problem but eventually they were passed without the need for modifications. He assured me that it will work out to my favor, just takes time.

I'm a little frustrated with all the misinformation and different stories so for now I'm just going to sit back and let them figure it out. I got two realtors and a lawyer working on it so if they want to get paid they have to make it work so I'm leaving it up to them. If it works out great, if not oh well.

toxic111 12-08-2010 12:53 AM

I would ask for a copy of the real property report and review it yourself. if the roof is a little too far it should not effect the windows in any way.

I did some code looking today and it the wall was less than that 1.2m no windows are allowed at all. So you would have to the extra land or a protected opening.

sphelps 12-08-2010 02:54 PM

Yeah I wish I could get a copy of the "real" report but it seems unreachable since I don't actually own the house. All I've managed to get is a few different stories and some copies of a few email correspondents between Permit Pro and Wheatland. I have a copy of the non-approved RPR but it doesn't actually state what the problem is, the dimensions on the RPR are listed as 1.19m and 1.15m but it's not clear if these dimensions are from the foundation or roof. If the problem is the roof I don't understand why removing the windows is the recommended solution.

StirCrazy 12-08-2010 03:06 PM

Quote:

Originally Posted by sphelps (Post 571535)
Yeah I wish I could get a copy of the "real" report but it seems unreachable since I don't actually own the house. All I've managed to get is a few different stories and some copies of a few email correspondents between Permit Pro and Wheatland. I have a copy of the non-approved RPR but it doesn't actually state what the problem is, the dimensions on the RPR are listed as 1.19m and 1.15m but it's not clear if these dimensions are from the foundation or roof. If the problem is the roof I don't understand why removing the windows is the recommended solution.

if the seller knows of a problem they have to provide full disclosure of that problem by law. so I would ask your realitor for a copy of the report under the premis of disclosure. if they won't provide one tell them your walking as what else is wrong that there hiding.

Steve

sphelps 12-08-2010 03:09 PM

Quote:

Originally Posted by StirCrazy (Post 571537)
if the seller knows of a problem they have to provide full disclosure of that problem by law. so I would ask your realitor for a copy of the report under the premis of disclosure. if they won't provide one tell them your walking as what else is wrong that there hiding.

Steve

I don't believe they are hiding anything, I just don't think they really know the exactly what the problem is. It's one of the issues with dealing with a foreclosure, the builders would be more up to speed but they can't be reached and don't really exist anymore.

michika 12-08-2010 06:37 PM

I'd be asking for it for the sake of principle.

When our neighbours bought their home they were encroaching on our property (their shed, fence, deck, hot tub) and we went through the lawyer circus as they wanted us to sign an encroachment agreeement AND sell them the strip of land they're stuff is on. Long story short their lawyer was a douche and we said no more, refused to sign anything, and said we want their stuff off of our property. The reason we didn't sell to them the 5" strip that our neighbours needed was because they sent their cranky lawyer over first rather then coming to talk to us directly. Those same neighbours are trying to sell their house right now with little success because of this issue.

Save all that stuff you've gotten so far because this may sort itself out now, but when you go to sell it may pop back up.

sphelps 12-09-2010 04:22 PM

So I spoke with the owner of the property next door and he's willing to make a deal for 3" of dirt. Not sure what he wants for it yet but I'm sure it won't be cheap.

I also have to resurvey both properties to make sure a boundary adjustment will work before we do anything more. Then I need to evolve the county which will also apparently involve fees. Next get everything in writing and involve a lawyer $$. Then resurvey both properties again with the new adjustments and finally have the new surveys approved by the county.

This isn't going to be much cheaper than the alternative but the end result will be way better. I just hope it all works out, the offer expires on the 14th and another buyer is waiting on the side lines so hopefully I can get most of this organized before then so I'm positive it'll work out.

michika 12-09-2010 04:54 PM

This sounds like the best option for you though. I hope your new neighbour will let it go for a reasonable price.

sphelps 12-09-2010 05:15 PM

Quote:

Originally Posted by michika (Post 571909)
This sounds like the best option for you though. I hope your new neighbor will let it go for a reasonable price.

Yeah I calculated the price for sq foot based on the lot price and it comes to around $700 for what I need. Realistically he wouldn't notice a difference as it's only 3" and I'd even offer to cover the cost of installing a fence (which has to be a 3' chain link due to community regulations) and position slightly more on my side so it would really be undetectable. I'd also offer him $1000 rather than the $700 just to make it more worth while for him. However he's the owner of Douglas Homes Builders and I've been told by my realtor (works for him) he can be difficult to deal with and will likely want a substantial amount for the land just cause he knows the situation I'm in.

sphelps 12-09-2010 08:47 PM

Yeah so the guy wants $10,000 for 3" from his 7 foot side yard. Some people are just dinks.

Parker 12-09-2010 09:12 PM

If things do work out in your favor I don't envy you having to live beside that guy! The neightbor behind me is a dick, so I know what it can be like.

sphelps 12-09-2010 09:24 PM

Quote:

Originally Posted by Parker (Post 571975)
If things do work out in your favor I don't envy you having to live beside that guy! The neightbor behind me is a dick, so I know what it can be like.

Yeah I agree but he's not a permanent resident. The guy owns the building company that built the house, the house is done but hasn't been listed for sale yet. He's staying in the house until his new house is done in Chestermere which as far as I know is still several months away. So if I did move in at least I know he won't be around for long, unfortunately I won't be able to wait on the issue so I'm stuck either removing windows and reinforcing walls or paying $10K.

I think I'm going to call the owner of the actual community, from what I've heard the guy is awesome to deal with and is trying to promote a friendly and social environment. I don't think he'll be too thrilled one of his builders is trying to screw one of his potential new residents.

Coleus 12-09-2010 10:00 PM

try to low ball him, says 500 and see what he reacts. I think he just throws that number out to test the water.

sphelps 12-09-2010 10:03 PM

Quote:

Originally Posted by Coleus (Post 571986)
try to low ball him, says 500 and see what he reacts. I think he just throws that number out to test the water.

I already offered him $1000 he said he won't do it for less than $10K, like I said he knows the situation, he's just trying to screw us.

DiverDude 12-09-2010 10:36 PM

What a douche. When my neighbor had his fence on my property I granted him the easement and didn't charge him a dime. I felt bad the city forced him to pay to resurvey it in the first place.

Some people...:evil:


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