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Old 12-08-2010, 12:13 AM
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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.
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Old 12-08-2010, 12:53 AM
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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.
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Old 12-08-2010, 02:54 PM
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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.
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Old 12-06-2010, 07:48 PM
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Quote:
Originally Posted by sphelps View Post
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 .....
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Old 12-06-2010, 08:18 PM
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Quote:
Originally Posted by darb View Post
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.
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Old 12-06-2010, 08:23 PM
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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.
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Old 12-06-2010, 08:40 PM
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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.
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Old 12-06-2010, 08:55 PM
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buying the land will be much easier, that is for sure.
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