Northwood Posted June 27, 2006 Share Posted June 27, 2006 My wife and I live in a corner lot with an alley in the back. The alley is still used by one neighbor as a driveway and thus remains open and un fenced like some others I have seen around the Heights.We have an old garage which is built on the back property line with no set back to the alley. There is also a 9' wooden fence on the remainder of the rear property line providing a barrier to the alleyway.Questions:1. If we were to replace the failing wooden fence with a more permanent stone/stucco wall type fence, could remain on the same line without the setback?2. If we decide to replace the garage, will be required to have a setback? Would there be any advantage to saving the back wall and incorporating it into the new garage structure (similar to the old walls which remain on Washington or Shepherd)? Link to comment Share on other sites More sharing options...
jgs1419 Posted June 28, 2006 Share Posted June 28, 2006 1. If we were to replace the failing wooden fence with a more permanent stone/stucco wall type fence, could remain on the same line without the setback?You can build a fence on the property line without a set back. At some point a wall may turn into a structure and be subject to the setback requirements depending on its size, height, etc. You can call code enforcement at 713.535.7800 and ask what the limits are.2. If we decide to replace the garage, will be required to have a setback? Would there be any advantage to saving the back wall and incorporating it into the new garage structure (similar to the old walls which remain on Washington or Shepherd)?If you replace the garage, you'll have to meet the setback requirements. If you want to use the alley for access, the setback could be as much as 9' depending the width of the alley. If the rear wall faces the alley, you just have to comply with the utility easements and/or deed restrictions shown on your survey. Trying to reuse the existing rearwall to keep the garage on the property line is a challenge. If you pull a permit, somewhere along the line one of the inspectors is going to have a kitten and make you redo the whole thing since you obviously kept the rear wall only to dodge the setback requirements. It's happens every day. Link to comment Share on other sites More sharing options...
RedScare Posted June 28, 2006 Share Posted June 28, 2006 1. If we were to replace the failing wooden fence with a more permanent stone/stucco wall type fence, could remain on the same line without the setback?You can build a fence on the property line without a set back. At some point a wall may turn into a structure and be subject to the setback requirements depending on its size, height, etc. You can call code enforcement at 713.535.7800 and ask what the limits are.2. If we decide to replace the garage, will be required to have a setback? Would there be any advantage to saving the back wall and incorporating it into the new garage structure (similar to the old walls which remain on Washington or Shepherd)?If you replace the garage, you'll have to meet the setback requirements. If you want to use the alley for access, the setback could be as much as 9' depending the width of the alley. If the rear wall faces the alley, you just have to comply with the utility easements and/or deed restrictions shown on your survey. Trying to reuse the existing rearwall to keep the garage on the property line is a challenge. If you pull a permit, somewhere along the line one of the inspectors is going to have a kitten and make you redo the whole thing since you obviously kept the rear wall only to dodge the setback requirements. It's happens every day.jgs, do you have a source for the 9 foot setback requirement? I am considering rebuilding my garage with alley access, and am trying to find the requirements, as well (before I break down and call the inspectors). Link to comment Share on other sites More sharing options...
nmainguy Posted June 28, 2006 Share Posted June 28, 2006 We removed the chain-link on our alley fence and replaced it with an 8' high solid fence. Our garage is also on the property line. An inspector told me we could probably keep the back wall and the slab and rebuild from there. Katz's on Westheimer is a similar situation. Someone bought the old building for a bar, stripped it down to a couple of old walls and rebuilt right over it. He went bust but Katz's took over and finished it.Good luck!BTW, Red, it's 10' here in Sunset Heights. Link to comment Share on other sites More sharing options...
Northwood Posted June 28, 2006 Author Share Posted June 28, 2006 Thank you to all for the input. It is most certainly appreciated. Link to comment Share on other sites More sharing options...
jgs1419 Posted June 29, 2006 Share Posted June 29, 2006 Red,The 7' or 9' setback rule isn't codified anywhere that I have found, and I've looked high and low. The rule originates with Kumar in traffic at 3300 Main. They won't approve alley access without 24' clear from the garage door to the other side of the alley (9' + 15') or to the other garage door if not directly on the property line (7' + 15' +3'ish setback).It's a goofy rule and very frustrating that it's not written down in plain language but that is what we've been using on our new construction per Traffic's direction.An inspector told me we could probably keep the back wall and the slab and rebuild from there. Katz's on Westheimer is a similar situation. Someone bought the old building for a bar, stripped it down to a couple of old walls and rebuilt right over it.For an example of one that went awry, see building on east side of Shepherd across from Petco with one wall standing, brand new slab and "stop all work" order plastered to permit. Link to comment Share on other sites More sharing options...
RedScare Posted June 29, 2006 Share Posted June 29, 2006 Thanks, jgs. I have an architect friend who SWEARS he knows the guy who will give us the answer. He just hasn't called him yet. I'll let you and Northwood know if he ever verifies it. Link to comment Share on other sites More sharing options...
jgs1419 Posted June 29, 2006 Share Posted June 29, 2006 If you can get the alley rules reduced to writing, I'll buy you the bottled beverage of your choice at Jimmy's, maybe two.jgs Link to comment Share on other sites More sharing options...
TheJudge Posted July 1, 2006 Share Posted July 1, 2006 I replaced my entire garage last year, and put the new back wall and side wall right up against the left property line and the edge of the alley, no set back. Inspectors said no setback was required because we built the walls as "firewalls." Essentially, this only required us to put 2 sheets of drywall on those walls, instead of 1. Permits went off without a hitch, and it now fits snuggly in the back corner of my lot. Link to comment Share on other sites More sharing options...
jgs1419 Posted July 2, 2006 Share Posted July 2, 2006 Just to clarify, there is no setback if you put the backwall on the property line as you've described. My comments regarding the 7' and 9' rules were regarding garages with alley access.If you have a lot that is deed restricted in The Heights, I think the rear setback is three feet (unless you use alley access then see 7', 9' rule). Link to comment Share on other sites More sharing options...
Northwood Posted July 3, 2006 Author Share Posted July 3, 2006 I replaced my entire garage last year, and put the new back wall and side wall right up against the left property line and the edge of the alley, no set back. Inspectors said no setback was required because we built the walls as "firewalls." Essentially, this only required us to put 2 sheets of drywall on those walls, instead of 1. Permits went off without a hitch, and it now fits snuggly in the back corner of my lot.Judge - Do you have an alley behind your lot?Since I am in a corner lot currently have access to the garage from the street, not the alley. Based on Judge's comment, if I leave the access configured this way it sounds like I am able to rebuild a new structure on the existing property line. Link to comment Share on other sites More sharing options...
TheJudge Posted July 8, 2006 Share Posted July 8, 2006 Yes, Northwood, I have an standard alley behind my lot. Link to comment Share on other sites More sharing options...
modgirl Posted July 9, 2006 Share Posted July 9, 2006 Does anyone know how to get the alley cleared of fences etc. that people have put up that block the access? We access our garage from the alley, but can only exit in one direction because the other direction is blocked by at least one fence. Link to comment Share on other sites More sharing options...
segovia Posted July 10, 2006 Share Posted July 10, 2006 I am also contemplating building a fence (cedar/wrought iron). Can anyone recommend a local Heights fence company charging a reasonable rate?Thank you. Link to comment Share on other sites More sharing options...
TheJudge Posted July 11, 2006 Share Posted July 11, 2006 How to get rid of a fence? Pull the damn thing down. Blocking the alleys is a long time settled issue. Link to comment Share on other sites More sharing options...
RedScare Posted July 11, 2006 Share Posted July 11, 2006 I am also contemplating building a fence (cedar/wrought iron). Can anyone recommend a local Heights fence company charging a reasonable rate?Thank you.Jad Attar at 545-4200. He poured my driveway and did a great job. He also does fences and decks. Link to comment Share on other sites More sharing options...
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