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Want To Build A Fence Along The Back Alley


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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)?

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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.

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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).

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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.

Edited by nmainguy
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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.

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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.

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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).

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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.

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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.

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