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[sphelps]

Originally Posted by darb

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]

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]

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:

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]

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

[sphelps]

Originally Posted by toxic111

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]

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.