City of Austin Easement Rules for sideyard access (West: real estate, house)

[lavasche]

A neighbor told me that COA code states that there must be at least 6' of easement on each side of a home for emergency access/ingress/egress. I have a clear corrugated plastic roof that covers a portion of my side yard for storage (think lean-to roof). it extends from the house to the fenceline. My neighbor says this is against code and that it has to come down. I just moved into the house and they said they called on the previous owner for years but nothing ever came of it. This makes me suspicious about their assertion of a code violation because I know the city will go after code issues that they are aware of.

Anyone have any information on this? looking on the COA website is no help whatsoever.

[FalconheadWest]

Neighbor probably just thinks it's ugly. It doesn't sound attractive, but you didn't post a picture to get the full idea of what it looks like.

[centralaustinite]

I think that it depends on zoning and the particular plat but usually there can't be any construction within X feet of the property line, usually called a setback not an easement. You can look up your plat at Travis County -- or perhaps you have a survey from the sale? All easements and setbacks should be listed on it.

I would assume that your zoning is SF-3 - single family, it is the most common residential zoning in most parts of Austin, if you have an infill lot it is possible you have another zoning type, with SF-3 zoning, the required setback for interior side yards is 5 feet. Look at page 18 in this document: http://www.austintexas.gov/sites/def...ning_guide.pdf

A good real estate agent should have caught this before the sale.

[FalconheadWest]

Set backs don't have anything to do with what was described. He's talking about a clear piece of plastic that is just going across from the house to the fence. This is not a "structure". You cannot build a structure or anything permanent in a setback area.

Again, it's probably just ugly and the neighbor doesn't like it.

[centralaustinite]

Originally Posted by FalconheadWest

Set backs don't have anything to do with what was described. He's talking about a clear piece of plastic that is just going across from the house to the fence. This is not a "structure". You cannot build a structure or anything permanent in a setback area.

Again, it's probably just ugly and the neighbor doesn't like it.

Ah, I thought it was an actual shed! Yes, sounds unattractive but I think we know the reason that the neighbor's earlier complaints to the City went no where!

[Austin97]

Originally Posted by lavasche

A neighbor told me that COA code states that there must be at least 6' of easement on each side of a home for emergency access/ingress/egress. I have a clear corrugated plastic roof that covers a portion of my side yard for storage (think lean-to roof). it extends from the house to the fenceline. My neighbor says this is against code and that it has to come down. I just moved into the house and they said they called on the previous owner for years but nothing ever came of it. This makes me suspicious about their assertion of a code violation because I know the city will go after code issues that they are aware of.

Anyone have any information on this? looking on the COA website is no help whatsoever.

It can depend on if it was originally permitted. If it was then you are fine. If not this code might apply now

https://library.municode.com/TX/Aust...EST_S2.5SIYASE

[Trainwreck20]

Permitting may not have even been triggered, though. You will have to look it up and figure it out. In any case, it shouldn't (?) affect setback requirements and the fact that he has 'complained' and nothing done sounds like there is probably no violation. Code compliance is very 'effective' in dealing with things that can easily been seen from the street.

[mowilly]

I would not do a thing.

[10scoachrick]

Originally Posted by mowilly

I would not do a thing.

I'd move it to the back yard(unless it's not visible from the front). I've never seen a 'roof system' like you describe that looked attractive. I actually had a similar system UNDER our deck, out of sight.