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Re: Residential construction question : Side window and extension
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theajsinfo wrote:
I did speak with an architect and offered to hire him for his services. Your comments are very valuable. I will seek professional help, but glad that you all were able to provide the insight. Thanks again

To answer a question. We were planning on buying the whole building and using the commercial place for our own business.



Good luck and keep us updated if possible. I'm always curious how the variance game plays out. I have my own fancy ideas about enhancing extensions but rents in the Heights don't justify the expense yet.

Posted on: 2016/1/12 17:05
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Re: Residential construction question : Side window and extension
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I did speak with an architect and offered to hire him for his services. Your comments are very valuable. I will seek professional help, but glad that you all were able to provide the insight. Thanks again

To answer a question. We were planning on buying the whole building and using the commercial place for our own business.


Posted on: 2016/1/12 4:40
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Re: Residential construction question : Side window and extension
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Also, even if your plans are allowed from a construction/zoning perspective, you'll be subject to any restrictive covenants on title. You should make sure your lawyer is doing a very thorough review before going hard on the contract.

Posted on: 2016/1/11 19:45
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Re: Residential construction question : Side window and extension
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Is there an existing condo in place or are you buying the whole building and leasing out the restaurant space?

Posted on: 2016/1/11 19:42
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Re: Residential construction question : Side window and extension
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indeed, you need to talk to an architect and possibly hire a planner, because by your description you will have several variances. You will NOT be able to automatically build to match that which is below. Required is to provide the setbacks that the zoning code allows. Anything less than that is a variance subject to approval by one of the boards. I would also discouruage you from thinking it is "obvious" to match the first floor length, because for every amount you intrude into the required rear yard you are not only taking that space away from yourself, but you are making the rear yards darker for your neighbors, and that is what the board will consider. Boards look at things like SHADOWS from the proposed addition, how long the neighbors' houses are, etc.

Posted on: 2016/1/11 18:33
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Re: Residential construction question : Side window and extension
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Quote:

sillyscorp wrote:
are you working with a licensed architect? These are all very complex code questions based on what area you are in (ie downtown R1 vs historic R1 vs Commercial district all have different rules and the zones can change 3 times on one block)

there are rules about set backs, air and light, egress etc that you need to consider

it scares me that you are asking these questions on this site you need to hire and architect and likely go before the planning/zoning board


2nd that. Talk-to-an-actual-architect! And don't assume you can just build on top of the 1st floor extension, it's foundation and structure may not be up to the additional weight.

Posted on: 2016/1/11 18:24
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Re: Residential construction question : Side window and extension
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are you working with a licensed architect? These are all very complex code questions based on what area you are in (ie downtown R1 vs historic R1 vs Commercial district all have different rules and the zones can change 3 times on one block)

there are rules about set backs, air and light, egress etc that you need to consider

it scares me that you are asking these questions on this site you need to hire and architect and likely go before the planning/zoning board

Posted on: 2016/1/11 17:17
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Re: Residential construction question : Side window and extension
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Dear All,

Thank you very much. This means a lot to us. We need to build as per our plans in order to be able to pay the price. Hence the questions.

One more

total lot if 18x50
first floor (restaurant) is 18x42
second and third floor (residential) are 18x35

We will be extending second and third floor up to 42. I understand that all properties are required to leave 15 feet in rear. Here first floor (restaurant) is already built up to 42. Not sure if it was legally built with approved plans. It looks like we need an exception approval to extend second and third floor to built till 42 feet. Is it obvious since the first floor is built till 42, we will be allowed to build till 42? Are there any cases where city may reject the extension above the first floor?



Posted on: 2016/1/11 16:52
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Re: Residential construction question : Side window and extension
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Quote:

jc_dweller wrote:
Quote:



You're saying I can put in windows to stop the neighbors from expanding their properties? Sounds like a pretty good deal to me.


You misunderstand entirely.

All windows in this day and age must be 3' from a property line, thus they do not impinge on anyone else and provide a means of escape in case of fire and afford light and air inside.

Windows that are closer than 3' are so old that they precede fire code and are "illegal". Hence, if you have a very old illegal window you risk it being blocked up if your neighbors build right up against it.


You should ignore Jcman24. He was just reaching wild conclusions in response to my earlier post, but none of what he said was supported by what I said. He was just being a drama queen.

Posted on: 2016/1/10 19:40
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Re: Residential construction question : Side window and extension
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You're saying I can put in windows to stop the neighbors from expanding their properties? Sounds like a pretty good deal to me.


You misunderstand entirely.

All windows in this day and age must be 3' from a property line, thus they do not impinge on anyone else and provide a means of escape in case of fire and afford light and air inside.

Windows that are closer than 3' are so old that they precede fire code and are "illegal". Hence, if you have a very old illegal window you risk it being blocked up if your neighbors build right up against it.

Posted on: 2016/1/10 13:54
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Re: Residential construction question : Side window and extension
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jc_dweller summed it up well enough - its your property line to do what you will, unless there is some sort of caveat on your property title preventing it.

Posted on: 2016/1/10 10:17
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Re: Residential construction question : Side window and extension
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Quote:

bodhipooh wrote:

Yikes. You want to block a neighbor's window so you can have a bigger layout? I doubt you can do this, but I am sure others in here can give you a better answer. Even if you are allowed to do it, you have to know that your neighbors will hate you forever. Losing a window means that bedroom (if it is a bedroom) will no longer count as one, so they lose value and could also trigger other issues for them.

In fact, the more I think about it, the less I think this can be allowed. What is to stop any greedy homeowner to get permission to do a ground floor extension (a covered deck?) and then use that as a spring board to then seek and request a variance to allow them to extend the entire house to match the length of the (extended) first floor.


You're saying I can put in windows to stop the neighbors from expanding their properties? Sounds like a pretty good deal to me.

Posted on: 2016/1/10 3:24
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Re: Residential construction question : Side window and extension
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Someone I know had kind of a similar situation happen to them. They owned a 3 story house with a legal 80 year old side facing window only on the 3rd floor. The attached building next door was 2 stories so the window was functional. Well the owners of the 2 story building had plans to rip it down and go 4 stories. That meant the 3rd floor window would be sealed up.

The owners of the 3 story building were told by the city that there was nothing they can do about it. The only way to save the window was if it was a bedroom which it was not. If it was a bedroom the new building would have to put in a well. (I think jc_dweller mentions that) People were telling them to get a lawyer and fight to have a well put in, but the owners just let it go not wanting a window looking out into a cinder block wall. Also realizing a new 4 story building next door would be good for the hood.

The owners of the new 4 story building paid for sealing of the window.

The scary part of this tale was that it involved attached wood frame buildings. When the 2 story building was torn down the wood laths, plaster, wires, and pipes were exposed on the 3 story building up to the 2nd floor. The owners of the new 4 story building were only required to cover it to minimum (el cheapo) standards. Luckily they did the right thing and used high quality materials to seal up the exposed side wall of the 3 story building. The new building is about a half inch away from the 3 story building so it was no longer attached.

Good luck.

Posted on: 2016/1/9 22:11
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Re: Residential construction question : Side window and extension
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Thanks for the advice. Appreciate it.

Posted on: 2016/1/9 19:45
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Re: Residential construction question : Side window and extension
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Yes, you can do it. If they have a window on their lot-line, THEY have an "illegal" condition (it is probably so old that there weren't fire codes back then). This happens all the time.

That being said, neighbors should always play nice and it would be polite of you to notch your building in 3 feet (that's what fire code allows for distance) from theirs in the area of the window so as to allow them to keep it. Your architect should certainly have told you this, and if he/she hasn't you need to find a new architect right away.

As a note, the only room that requires a window is a bedroom. So if that window leads to a bedroom they'd technically have to discontinue use. If it leads anywhere else, it would merely suck for them.

YOu are not allowed to do ANYTHING just because your neighbor did it. You have to look at the zoning regulations to see what you are allowed to do.

Posted on: 2016/1/9 17:45
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Re: Residential construction question : Side window and extension
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Attached House : side window of the neighbor and our wall

Hi,

We are in the process of buying a house in JC Downtown. I would appreciate if any contractor or architects can comment on these questions.

Our house is an attached row house on both sides. Neighboring property has a window opening on side facing our house.

We want to extend our house all the way to the back of the first floor and add a floor. Neighbor's house is not occupied and undergoing complete renovation.

Questions : Please refer to the attached image for the side layout

1. Since neighbor has a window opening on 2nd floor are we allowed to extend the 2nd and 3rd floor all the way back to cover same area as the first floor?
2. We have an option to do narrow extension and leave 2-3 feet between the window and our wall. How much minimum distance are we required to leave between the neighbor's window and our extension.
3. Are we allowed to add a floor to match the height of the attached neighbor?s house?

Please recommend any good architecture, engineering firms or general contractors.

Thanks

Link to the layout

Layout link

Resized Image


Yikes. You want to block a neighbor's window so you can have a bigger layout? I doubt you can do this, but I am sure others in here can give you a better answer. Even if you are allowed to do it, you have to know that your neighbors will hate you forever. Losing a window means that bedroom (if it is a bedroom) will no longer count as one, so they lose value and could also trigger other issues for them.

In fact, the more I think about it, the less I think this can be allowed. What is to stop any greedy homeowner to get permission to do a ground floor extension (a covered deck?) and then use that as a spring board to then seek and request a variance to allow them to extend the entire house to match the length of the (extended) first floor.

Posted on: 2016/1/9 16:07
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Residential construction question : Side window and extension
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Attached House : side window of the neighbor and our wall

Hi,

We are in the process of buying a house in JC Downtown. I would appreciate if any contractor or architects can comment on these questions.

Our house is an attached row house on both sides. Neighboring property has a window opening on side facing our house.

We want to extend our house all the way to the back of the first floor and add a floor. Neighbor's house is not occupied and undergoing complete renovation.

Questions : Please refer to the attached image for the side layout

1. Since neighbor has a window opening on 2nd floor are we allowed to extend the 2nd and 3rd floor all the way back to cover same area as the first floor?
2. We have an option to do narrow extension and leave 2-3 feet between the window and our wall. How much minimum distance are we required to leave between the neighbor's window and our extension.
3. Are we allowed to add a floor to match the height of the attached neighbor?s house?

Please recommend any good architecture, engineering firms or general contractors.

Thanks

Link to the layout

Layout link

Resized Image

Posted on: 2016/1/9 15:06
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