Has Anyone Been Successful with Setback Exception from Sumter County?

[Kennedy12]

We would like to add a 6-foot cantilever pergola to the side of our patio villa. (Another patio villa in our neighborhood already has one). No problem getting an approval from VCDD but have been told there was a change in the setback requirements, and we don't have the required setback (even though our patio villa is the same as the neighbor's). We need an additional foot and were wondering if anyone has requested and received an exception similar to this from Sumter County Building Services or any other route to get this project going.

[asianthree]

We would like to add a 6-foot cantilever pergola to the side of our patio villa. (Another patio villa in our neighborhood already has one). No problem getting an approval from VCDD but have been told there was a change in the setback requirements, and we don't have the required setback (even though our patio villa is the same as the neighbor's). We need an additional foot and were wondering if anyone has requested and received an exception similar to this from Sumter County Building Services or any other route to get this project going.

Did you ask your neighbor

[dbussone]

Did you ask your neighbor


The perfect question.

[Kennedy12]

We did. As we stated before, the setback changed after their pergola was installed so they didn't have the same issue we are facing.

[dbussone]

We did. As we stated before, the setback changed after their pergola was installed so they didn't have the same issue we are facing.

I'm sure I'm missing something. Why would the setback change? Shouldn't it remain the same regardless of the installation, or did the ARC make the change?

[jimbo2012]

I think you have it backwards, the VCDD ARC has to approve it, if they will the building dept will follow thru.

But they have never done so in the past according to them.

With a pergola you are allowed to overhang the setback two feet, no issue doing that.

But any posts or foundations must be within the setbacks

[mulligan]

Or you could blow your contractor's mind with the idea of a cantilevered pergola. Bet that would confuse him.

[dbussone]

I think you have it backwards, the VCDD ARC has to approve it, if they will the building dept will follow thru.

But they have never done so in the past according to them.

With a pergola you are allowed to overhang the setback two feet, no issue doing that.

But any posts or foundations must be within the setbacks

Thanks Jimbo..now that makes sense.

[vette]

Glad to see that Jimbo may have resolved your setback issue, BUT what concerns me more, and hopefully most of you, is why the Setback was changed? If someone does their due diligence, reads their covenants, checks their survey and then buys their house in lieu of all of the above. IMHO, that's a contract between the homeowner and the govt. that should permit them for as long as they own that property to only those standards. Any post purchase restrictions to these rules should only apply to new owners.

[justjim]

Perhaps it does---but remember your dealing with a Government entity with rules and regulations that may not be rational or sensible.

[NavyNJ]

Glad to see that Jimbo may have resolved your setback issue, BUT what concerns me more, and hopefully most of you, is why the Setback was changed? If someone does their due diligence, reads their covenants, checks their survey and then buys their house in lieu of all of the above. IMHO, that's a contract between the homeowner and the govt. that should permit them for as long as they own that property to only those standards. Any post purchase restrictions to these rules should only apply to new owners.

Vette - Unfortunately, land development and zoning regulations/codes change all the time, everywhere. And, unless there is specific language in those changes/amendments that "grandfathers" a portion of the previous code, a property owner is required to abide by the updated regulations/code. A person is always free to petition the local zoning authority (in this case, Sumter County) for a variance, or relief, from the existing code. In many municipalities, this becomes another revenue generating vehicle as the majority of variances are approved - for a price! We put a pool in once, and got all uptight about the layout being 1-2 feet closer to setbacks than allowed. Pool contractor was not worried and simply said it would add about $500 to our cost for the permit for a variance - and he was right! It was a pro forma application and check writing exercise to get the variance from the local Planning Board!!

Hope the pergula project goes well in this case!

[ldj1938]

We wanted to enlarge our patio and needed a one foot variance on one corner, v shaped lot, for the birdcage. T&D drew up the plans and said that the villages would approve them and then I should submit it to Sumter county with a check for $500, nonrefundable, and forget it. They do not approve setback mods. If anyone has ever tried and won the battle I'd like to know!

[jimbo2012]

It's not happening, it would set a precedent.