Carport Made w/o permit - San Antonio HELP FAST (appointed, real estate)

[Gina Rios]

Our carport was made with out a permit. Our contractor never did fill out the proper permits or paperwork.

Now we are worried that the San Antonio City Inspectors will tell us to take it down.

Also neighbors know that no permit was issued cause it was never posted.

Can the city tell us to take down the carport even after it was made and pay fines or fees.

Thank You

[froglipz]

Yes un-permitted structures can be ordered to be removed. Go to the building dept. and tell them what happened and face what consequences, fees and fines they throw at you.

[Gina Rios]

Yes....that is been done today. Thank you very much for your input.

[WilGar]

As long as it is correctly set back, just plead ignorance and pay the money.

Why do you have such nosy neighbors?

[TrapperL]

Unless the structure is not sound, they won't make you take it down. Even if the structure is on an easement it won't have to come down. You'll have to get a variance which is thru an attorney and of course, pay money. They don't really care downtown where it's at on the property, they just care about putting as money as possible in the city's bank account. You got the money, you can get away with almost anything in San Antonio. Unless you just don't have the bucks, I'd chat with an attorney first. This may be as simple as applying for a homeowner permit and it could end up costing thousands. I would NOT allow the clowns downtown to determine your future as all they care about is extracting as much money from you as possible. Call an attorney first. Most do not charge for consultation and that may be all you need.

[StealthRabbit]

Is it a portable carport ? (kit / can be moved)

Or is it 'real estate' / permanent structure?

[Zone Read]

Originally Posted by TrapperL

Unless the structure is not sound, they won't make you take it down. Even if the structure is on an easement it won't have to come down. You'll have to get a variance which is thru an attorney and of course, pay money. They don't really care downtown where it's at on the property, they just care about putting as money as possible in the city's bank account. You got the money, you can get away with almost anything in San Antonio. Unless you just don't have the bucks, I'd chat with an attorney first. This may be as simple as applying for a homeowner permit and it could end up costing thousands. I would NOT allow the clowns downtown to determine your future as all they care about is extracting as much money from you as possible. Call an attorney first. Most do not charge for consultation and that may be all you need.

The structure being sound is not the only factor. A variance is obtained from the Board of Adjustment and is not guaranteed. They will vote on it and may deny it. The burden is on the homeowner to prove hardship and other factors. In my experience when I used to do this cases 20 years ago, f your structure is in the setback area you were almost guaranteed to be denied.

[TrapperL]

Sorry Zone but yer clueless. Case in point, a house built on a corner lot that the foundation was 2 feet from the curb at the back corner. This was determined right after slab pour. If you were correct, the city would have had the builder remove the foundation and put it back on the lot correctly. A nice check of 10 grand cured the issue. Like I said, all they want downtown is the money. Show them the money and do what you want. Been like that for the last 55 years I've been in the game here. I can list a bunch of variances including commercial buildings if you like, some are a recognized safety hazard that they passed. One of which was a building I owned. That one cost me a backhoe for a few hours to dig a hole for a swimming pool in somebodys back yard. Guess who?

[Gina Rios]

It is a permanent structure. The setback is 10 ft. So carport is 8 ft,. into the setback.

If it was built within the 10 ft. setback, my cars would not fit.

[Zone Read]

Originally Posted by TrapperL

Sorry Zone but yer clueless. Case in point, a house built on a corner lot that the foundation was 2 feet from the curb at the back corner. This was determined right after slab pour. If you were correct, the city would have had the builder remove the foundation and put it back on the lot correctly. A nice check of 10 grand cured the issue. Like I said, all they want downtown is the money. Show them the money and do what you want. Been like that for the last 55 years I've been in the game here. I can list a bunch of variances including commercial buildings if you like, some are a recognized safety hazard that they passed. One of which was a building I owned. That one cost me a backhoe for a few hours to dig a hole for a swimming pool in somebodys back yard. Guess who?

Clueless? I may be 15 years out of the game but I can guarantee you I'm not clueless. The question was specific about carports, not commercial buildings. If you built a carport without a permit, you can get it rectified by filing for the permit and paying a penalty, provided you didn't violate the zoning requirements. If you are in violation of the zoning requirements, typically the setbacks, you need to get a variance from the Board of Adjustment. The Board of Adjustment is an independent panel whose members are appointed by the councilperson from each district. They decide whether you meet the requirements for a variance, one factor is whether or not you have a hardship that supports the variance. You may have experience downtown, but I sat through many BOA cases at the Department of Development Services One-Stop and probably heard several dozen carport cases.