[Waterfall]

My lot is in between Nicholson and Herkimer Streets. My house faces Nicholson and I would like to build a garage that has access from Herkimer. I had plans drawn up, but when I went to get the permit, the City told me that I have to have a 17-foot setback from my property line.

This reduces the size of my backyard significantly and makes construction more expensive because of the increased paving area. Does this seem right? The guy at the City couldn't tell me an ordinance or code, but said he just "knew" and that is how things are done in the Heights.

Does anyone know if this is right or if I need to go down there and talk to someone else? Any advice/ideas would be appreciated.

[jgs1419]

It's not a Heights specific requirement. Since you are fronting a garage on the street, the minimum setback is 17'. The thinking is that you need to have enough room to park a car in front of the garage door. The 17' requirement comes from Chapter 42 of the City of Houston Code of Ordinances, paragraph 150 (look in the chart for garage or carport facing a local street).

Parts of Herkimer look more like an alley than a street because of the way the housing has developed over time and many times the setback requirement wasn't enforced. Tough situation.

You might be able to get special dispensation if everyone around you is using Herkimer for garage access. If there is any likelihood that someone around you is going to front a house on Herkimer, though, you are likely stuck.

[musicman]

Do you know how the land is platted? Is it restricted? Do you know the front setback on Herkimer? you can go to the county records at preston/main to confirm the restrictions on the property

[Waterfall]

Thanks for the code reference. I found the table that you called out. And yes, it does appear that I am stuck with the 17-foot setback.

I will have to go look up the plat. I have the property survey which calls out a 10-foot building line along the Nicholson side of the lot (the front of my house). However, I know that the plat will have more information.

Thanks to you two for responding! I will update this thread as things develop in case anyone is interested.

[jgs1419]

I have a copy of that plat because of a project we did in that area. You have the same 10' setback on the Herkimer side. There aren't any other restrictions noted on the plat. I doubt your lot was ever individually deed restricted. If it was, your setback requirement will be 15'.

At the end of the day the ordinance governs. I still think it's worth a shot to get a variance of some kind depending on the adjacent use. Can't hurt.

[Waterfall]

jgs1419, on Friday, September 22nd, 2006 @ 9:59am, said:

I have a copy of that plat because of a project we did in that area. You have the same 10' setback on the Herkimer side. There aren't any other restrictions noted on the plat. I doubt your lot was ever individually deed restricted. If it was, your setback requirement will be 15'.

At the end of the day the ordinance governs. I still think it's worth a shot to get a variance of some kind depending on the adjacent use. Can't hurt.

I don't know if I have the time and want to expend the effort to get a variance (plus I don't know how to start the process). I turned a public information request for the plat and they sent me the original plat from way back when. It didn't have any type of setback requirements, easements, or rights-of-way shown.

Currently, I am being surrounded by new construction and my house will be out of place, so I am going to wait and see before I do anything substantial to the land. Besides some builder might want to offer me big money for the lot... so who knows what might happen. I am going to stick with what I have.