buyer of next door property wants a variance to change set back line in order to build

[HungarianHippo]

Ayrabz, skydy had the right interpretation. I was just trying to present a no-emotion version of the situation, because the OP and followups, which yes I read, are full of statements about how others are in the wrong. No one’s doing anything wrong here. You keep horses on a small lot and are using it right up to the line–without any intention of being bad neighbors. Your new neighbors have the same RPA problem and they’re following all the rules (including getting a setback variance in accordance to all the rules) in order to get similar leniency that your grandfather enjoyed. Without any intention of being bad neighbors. They’re building their lot from scratch just like your grandfather did.

Zoning hasn’t failed you. Zoning’s kinda like the HR department of a company, that makes sure the rules are followed to make sure employees get equal treatment, and have a standardized process to consider exceptions. But ultimately they represent the town’s interests. And in general, towns want property tax revenue, so a completely unbuildable lot–when a reasonable variance is possible–is not in Zoning’s interests.

Sorry to have angered you further. Hope it all works out and that you end up with good, considerate neighbors.

[skydy]

@ayrabz

skydy: maybe some read the original post and just don’t follow updates. I can understand that. But point was I’ve never been unreasonable within the laws. I came here looking to hear from any that may have had adjacent property buyers want a special variance. I updated as I found out what was allowed for me to engage / act on. and what was simply not going to be to my advantage to argue about because its plain and simple ALLOWED. Her ‘help’ was not help at all, and was something that the updates already had covered. And it was SO positive and caringly shared.

I have read your entire thread.

[ayrabz]

I wasn’t referring to you, skydy. it was your interpretation of HH’s I was mentioning that perhaps she had not read of all the things I did NOT harbour against said neighbors, or the rules, or the laws.

[Equibrit]

You might look up the building codes for your county, as they relate to septic tanks. I think most jurisdictions use the International building codes and amend them if needed.

Our local codes for septic tanks;

• Sec. 26-194. - [I]Septic[/I] [I]tanks[/I]. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION (a)

  Minimum design and construction. [I]Septic[/I] [I]tanks[/I] shall provide a minimum of 24 hours of retention and shall be designed and constructed to equal or exceed minimum design and construction criteria established by the department as published in the current manual for on-site sewage management systems. After the effective date of these regulations, any person seeking approval of [I]septic[/I] [I]tanks[/I] to be used in on-site sewage management systems, shall submit detailed plans and specifications for [I]tank[/I] manufacture and other information as may be required by the department. Manufacturers and suppliers may be subject to periodic inspection and approval by the county board of health or the department. Both the inlet and outlet tees shall be ASTM 3034 rated or equivalent. In addition, an approved filter shall be installed on the outlet end of the [I]septic[/I] [I]tank[/I] in compliance with the manual for on-site sewage management systems.
  
  (b)
  
  Location. No [I]septic[/I] [I]tank[/I] shall be installed less than 50 feet from existing or proposed wells/springs, sink holes, or suction water lines, and [I]tanks[/I] shall be located downgrade from wells or springs if physically possible; less than 25 feet from lakes, ponds, streams, watercourses, and other impoundments; less than ten feet from pressure water supply lines; or less than ten feet from a property line. No [I]septic[/I] [I]tank[/I] shall be installed less than 15 feet from a drainage ditch or embankment. [I]Septic[/I] [I]tanks[/I] shall be installed so as to provide ready access for necessary maintenance. Normally, the distance a [I]septic[/I] [I]tank[/I] should be located from a building foundation is at least ten feet but lesser distances may be allowed by the county board of health. The county board of health, after site inspection may require greater separation distances than cited herein due to unusual conditions of topography, or other site configuration; subsurface soil characteristics and/or groundwater interference.
  
  (c)
  
  Capacity. The liquid capacity of [I]septic[/I] [I]tanks[/I] for single-family dwellings shall be 1,000 gallons for one, two, three or four bedrooms, and 250 additional gallons for each bedroom over four. [I]Septic[/I] [I]tank[/I] capacity shall be increased by 50 percent where garbage grinders are to be used. Auxiliary systems serving single-family residences or other facilities shall be based on the maximum daily flow.
  
  (d)
  
  Compartmented [I]tanks[/I]. Two compartment [I]tanks[/I] shall be required. The first compartment shall be at least two-thirds the liquid capacity of the [I]tank[/I].
  
  (e)
  

  Tanks in series. The county board of health may approve the installation of two septic tanks placed in series, provided that the capacity of the first tank is at least 1,000 gallons and at least equal to the capacity of the second tank. When tanks in series are used, they shall be connected with a sealed sewer line, and all sewage shall initially enter the first tank.

  (f)
  
  Foundation and backfill. [I]Septic[/I] [I]tanks[/I] will be constructed or installed level, on a foundation that will prevent settling; backfill shall be placed so that a stable fill results and undue strain on the [I]tank[/I] is avoided. Earth backfill shall be free of voids, large stones, stumps, broken masonry, or other such materials. A minimum earth cover of six inches over the [I]tank[/I] is recommended. With proper documentation the county board of health may approve less cover. All openings and manholes shall be constructed so as to prevent the entrance of surface water.
  
  (Ord. of 11-4-2004, § 5-26-.05)
  

• Sec. 26-195. - Distribution devices and dosing [I]tanks[/I]. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION (a)

  Minimum design and construction of distribution devices. Distribution devices shall be designed and constructed in accordance with minimum design and construction criteria established in the department's current manual for on-site sewage management systems.
  
  (b)
  
  Minimum design and construction of dosing [I]tanks[/I]. Where required, dosing [I]tanks[/I] shall be designed, constructed, and installed in accordance with the department's current manual for on-site sewage management systems.
  
  (Ord. of 11-4-2004, § 5-26-.06)
  

• Sec. 26-196. - Absorption fields. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION (a)

  Absorption area. The absorption area shall be based upon the anticipated volume of treated sewage and upon the characteristics of the soil in which absorption fields are to be located as specified in the department's current manual for on-site sewage management systems. Soil characteristics and other related data, including percolation tests, may be required by the county board of health. Absorption areas shall be classified as follows: aggregate, nonaggregate and other.
  
  (b)
  
  Prior approved systems. Any "prior approved system" as defined in the O.C.G.A. § 31-2-7(a)(4) is approved for installation according to the manufacturer's recommendation.
  
  (c)
  
  Location. No absorption field will be constructed less than 100 feet from existing or proposed wells, springs or sinkholes; less than ten feet from water supply lines and buildings with basements and less than five feet from buildings without basements, other structures, drives and property lines; less than 15 feet from an embankment, drainage ditch or trash pits; not less than 50 feet from the normal water level of any impoundment, tributary, stream, or other body of water, including ponded areas of wetlands. If the water supply line crosses or comes within ten feet of the absorption field, the water supply line shall be installed at least 12 inches above the top of the aggregate layer of the absorption line, nonaggregate absorption line or other absorption line, and shall be encased in a single length of larger diameter water pipe. No absorption field shall be installed in areas where groundwater, soil characteristics or adverse geological formation may interfere with the absorption or effective treatment of sewage effluent.
  
  (d)
  
  Minimum design and construction for absorption fields. Absorption lines and absorption trenches shall be designed and installed in accordance with the minimum design and installation criteria established in the department's current manual for on-site sewage management systems.
  
  (Ord. of 11-4-2004, § 5-26-.07)
  

[Simkie]

@ayrabz

…I don’t know why the zoning has failed us on each side…

Looks like zoning has done you a solid, to be honest. They can’t put a structure right on the property line, as you have, right? That is certainly something to be thankful for. :yes:

[HungarianHippo]

And the insistence on being in the right to keep the fence on the line isn’t the point. It doesn’t solve the desire for privacy. The burden to compromise (move the fence, or put up something inside the fenceline) falls on the OP.

Vacant land almost inevitably gets developed, because the longer it sits vacant (while it’s owner has to pay property taxes on it year after year), the more likely it’s price comes down to the point where SOMEone is going to buy it and build something, because they’re getting a great deal.

Actually, if there’s a lot next door that’s been vacant for a long time, it’s a great opportunity to make an unsolicited offer to buy it. Or at least tell the owners that you’d really appreciate the opportunity to get first dibs when they decide to sell. And for even more certainty, approach them with “Option to Purchase” agreement, where you pay them annually for the contractual right to buy the land at $XXX when they’re ready to sell. Peg the annual amount to the property tax rate and you’d be offering them a very attractive deal that gives you that open space / nice view for not very much money. If at some point they decide to build on the lot themselves, you could stipulate that they pay you all the annual payments you’ve made thus far. (but be prepared to negotiate that payment down a bit. Maybe make the payout be for the last 5 years of payments. Because in reality, you’re getting something of value for those 5 years, so it’s not unreasonable that you leave some money on the table.)

I’m speaking from experience because in my line of work, I negotiate such Option agreements all the time (not a realtor, I develop energy projects, so I have to lock down 100s of acres for long periods of time). There are lots and lots of creative ways to control land. But they always, always involve an exchange of money. The use of land (even if it’s to dictate that it NOT be used) is never free.

I acknowledge that I may be harping on this point, but this comes up so often on this forum that I get a little rolly-eyed.

[lorilu]

Regarding wells and septic: Make your concern known at the hearing. They COuld, after all, ask for a variance for these LATER, claiming that the plans are done, no where else to build, etc etc etc.

[ayrabz]

Kind guy at County Office called for my email and sent me the proposed updates/changes to the plat showing ‘approx’ house position/location. I can see they ‘intend’ to use the existing well, and where they’ll put their septic field. I don’t ‘see’ where driveway would be, but I do expect pretty much along my existing fenceline since it looks like house will almost directly face my barn back stall windows…anyway. was very thoughtful of him. I’ll look it over a bit more and will call with any questions.

hungry hippo: my parents wanted to purchase lot when seller first proposed cutting up his land. He wasn’t interested. I’m not moving my fenceline. I’m sorry you cannot fathom that…our fenceline is perfectly legal and was researched and county consulted. We put up costly expensive, attractive horse fencing. These buyers bought this lot with all of that known, and the RPA known.

simkie: “we” didn’t place the barn right on the line. My grandfather in the 1940s did. and it truly ‘isn’t’ directly on it, but certainly close as was allowed. My grandfather was an honest man to a fault. And he thought the world of these neighbors . (who later parceled it out and sold to this buyer, so not same folks)

All I can do now, is let the wheels of motion begin, and ‘see’ how it all goes. I am glad I did my homework, and learned what will be proceeding best I could.

[clanter]

Does the plat plan include evaluation contours that would help in determining water runoff patterns? This construction should not alter the flow of water… the driveway placement may divert water back onto your property.

Also, if they are allowed to proceed… see if a time restrain could be put on the approval if they do not start the construction within a reasonable time.

We (the locals who do have large pieces of ground) are having to go through the process of reverting the zoning on a piece of ground that was given a variance but the developer has not started the construction within the time frame outlined in the variance.

[ayrabz]

Thanks so much Clanter. I will check plat proposal/plan again. I DO know the county has a wonderful online source where I can see all elevations / RPAs/ etc, etc…when I call up an owner or an address. so I can ‘try’ to envision those elevation lines over the proposed area of the home.its VERY basic…just a penciled in rough footprint outline of a home. no real info on entry front/etc…(not professionally done in re: home footprint)

[clanter]

I understand jurisdictions handle matters differently, but here the actual proposed structure’s outline/footprint would need to shown to help understand the relationship of what the person intents and how their intents affect the overall requirements currently in place.

In the hearing, during the public comment section you can ask questions such as where the driveway is to be placed since the drive is not shown. …if for no other reason than to put the drive’s intended location on record. If asked why (and really they should not ask) your concern is of possible water diversion onto your property affecting your use.

Just be calm, non confrontational …but take your own notes of what is said as the recording secretary may (often) does not record the meeting’s correctly… the minutes of the meeting will be of public record that you can access.