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[sphelps]

Originally Posted by howdy20012002

can you just set your windows back in the window well 5 more cms?
buying a couple of smaller winows would be way cheaper.

Nope, the problem really doesn't have anything to do with the windows, the actual house or foundation is 5cm too close to the properly line. The variance will allow the house to pass fire code if the windows are removed. The idea is that fire can spread to the house next door easier if windows are present. Removing the windows will delay the spread of a fire to the next house and make up for the 5cm screw up.
Smaller windows are also not an option, although smaller windows will result in lower amount of fire protrusion it still isn't enough to satisfy the variance. In addition the windows are already the minimum size required for bedrooms so making them smaller is the same as removing them for us since the idea is to have legal bedrooms.

Really it's all a bunch of BS in my mind, the fact is there is still over 3 meters between the two houses and the limit is 2.4 meters so realistically it's fine, however since it's based on the properly line and not the combined distance we're in trouble. Ideally it would be nice if we could just revise the two lots and have them resurveyed so my lot gains 5cm and the neighbors losses 5cm. The cost of this would be well worth while if it resulted in the windows being legal.