Current Set Back? 5 feet or 4 feet?

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Submitted by JC on August 3, 2018 - 7:17pm

What is the current set back requirement? And, what can be done if a neighbor does not respect that?

Submitted by Hobie on August 5, 2018 - 8:04am.

City specific. Visit planning dept. Code enforcement will be your next call.

Submitted by pokepud3 on August 5, 2018 - 3:10pm.

In poway, it's 40 feet, unless you get a variance.

Submitted by svelte on August 6, 2018 - 4:47pm.

Jc is probably talking about side setback, not front

Submitted by JC on August 6, 2018 - 7:42pm.

Sorry. I should have been more specific. This is San Diego County, residential property and behind (back) set back. I'm on what I think is called a "half block" so we are already very very close without the new addition being built.

I went to the permit department, but you can't make a copy of the plans (or take a photo of them) to try to ascertain where the planned building stops and starts.

Good point -- Sounds like I need to call them and figure out what the official setback is for my area, measure now that they have marked off the new building area, and call compliance IF it is not the right amount.

This is probably a silly question, but I don't believe someone could get a permit for something if it did not meet regulations. And, if they get a permit, there are inspections, correct? So, how could they get away with it?

The sassy lady who helped me at the permit office simply said that people can and do encroach all of the time?

Submitted by Myriad on August 7, 2018 - 12:10am.

So you have to find out what type of zone you have, which can be done at the link below.

Once you find that, (e.g. RS-1-14) look at the document below which defines the rules for each zone type. (page

Submitted by JC on August 9, 2018 - 2:07pm.

This was very helpful. Thank you very much!

I'm in RS-1-7 and the documents seem to indicate that the rear set back should be 5 feet. We are on very small lots, so not sure if there is a difference?

I measured to where the wood / trench is for the foundation and it is less than 5 feet, so I emailed the project coordinator for the building permit to see if they might be able to provide additional information.

Submitted by Hobie on August 9, 2018 - 8:28pm.

They measure setback from the property line to the exterior wall of the building, not the buried foundation.

Need to survey to know the actual property boundaries.

Submitted by JC on August 11, 2018 - 10:28am.

Thank you. I remeasured but still appears to be less than what I *think* the setback should be.

I found paperwork from the last sale of the home behind me that details all of the unusual lot line happenings with our two properties and specifically states a 5 foot set back and increases the size of my property and decreases the size of their property. (Both lots were owned by one party way back when and then the original division was rather odd). I would expect that the architects / permit providers had copies of this documentation and that everything *should* be on the up and up.

I tried calling the permit office to confirm and they were definitely trying to be helpful but the first person reviewed my docs and said it had to 5 feet and I should call compliance. The second person said all RS-1's in San Diego were now effectively RS-2s with a smaller set back but then said she did not know much about the topic? I was then directed to contact the inspector. I have contacted him, but hope this is not seen as an aggressive act. I just can't seem to figure out what the current rules are.

Submitted by JC on August 17, 2018 - 6:04pm.

Current rules require no less than 5 feet for rear set back in RS-1-7 in lots of my size which matches the variance I have. This is noted in the plans for the permitted construction but the construction appears to be at a 4 foot set back. (DPI said I was measuring correctly).

Was told to request an inspection (done) and confirm variance recorded in official record (done). Suggested that if questions come up during inspection that need to get survey.

Thank you to everyone that provided input. Much appreciated.

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