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Old 03-25-2023, 04:06 PM
 
194 posts, read 168,345 times
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Quote:
Originally Posted by TMing View Post
I don't see any reason why your Neighbors would reject your variance for 6". None issue. I think you may have to appear in person before the TOB board to present your application though. I remember my neighbor telling me that when he added his 2nd floor additional. Not sure if it was for a variance but I can ask.
I couldn't imagine 6" being a problem, if that ends up even being necessary.
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Old 03-25-2023, 04:35 PM
 
Location: under the beautiful Carolina blue
22,672 posts, read 36,810,996 times
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Quote:
Originally Posted by Blackdevil77 View Post
Not really worried about it, I'm just wondering if getting a variance for that would even be possible/likely in the absolute worst-case scenario. I'm praying I could do what I need without one.

I'm Town of Oyster Bay, R1-7
If you don't have problems with your neighbors, it shouldn't be an issue. As long as there's no one laying in wait for you LOL.
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Old 03-26-2023, 01:02 PM
 
Location: Former LI'er Now Rehoboth Beach, DE
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I am not at all familiar with the TOB codes but if your side setbacks are straightforward and not by variance approval, I would think that the 6 inches would not matter. If, however, there were a variance to allow that side setback I am guessing that might present an approval issue.
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Old 03-26-2023, 02:55 PM
 
194 posts, read 168,345 times
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Quote:
Originally Posted by nuts2uiam View Post
I am not at all familiar with the TOB codes but if your side setbacks are straightforward and not by variance approval, I would think that the 6 inches would not matter. If, however, there were a variance to allow that side setback I am guessing that might present an approval issue.
I’m not entirely sure what the exact rules are and how they work. I’m told different things by different people, some of which are contractors that contradict or don’t make sense. I think I’m just going to have to have a conversation with an architect that’s familiar with the TOB rules.
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Old 04-11-2023, 06:37 PM
 
Location: New York
122 posts, read 235,692 times
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Quote:
Originally Posted by Blackdevil77 View Post
If the 2nd floor becomes larger than the first floor, do you need a variance? Even if you're under the square footage limit for the entire property?
It depends. Balconies are not counted towards FAR but they will count for Lot coverage.
If you have an overhang that is greater as a cantilever, the bottom floor will count as part of your FAR if code says so(read open porch).

If after all of that, you are still within FAR allowed, you don't need a variance.
HOWEVER, you will need a variance if your new addition does not comply with sky exposure rules.

It is a case by case when you want to have an addition.

Last edited by cmontesi; 04-11-2023 at 06:53 PM..
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Old 04-11-2023, 06:44 PM
 
Location: New York
122 posts, read 235,692 times
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Quote:
Originally Posted by Blackdevil77 View Post
One more quick question. Hopefully it's the last for now.

I spent about a month on AutoCAD playing with a 2nd floor design, and I'm struggling for every inch. I have my survey from when I bought the house in 2018 and notice I have 8.5 feet on one side of the house from the end of the house to the property line, and 11.3 on the other side. Long story short, without getting into a bunch of detail as to why, being able to protrude the 2nd story addition on the 8.5' side a foot out would make all the difference in the world in the design. From what I heard, the limit is 8' from the end of the building to the property line, no closer. Do you think I would have a problem getting a variance for that 6"? Is that even a possibility?

I know it's sounds absolutely mental to go through the hassle of getting a variance for 6" but if that's something that is possible and would make the design work and I can't find any other options, it may be worth it for me.
Yes, you will need a variance for 6".
Also, if those 6" is an addition to the 2FL, then you might need a variance for sky exposure. If you're going to cantilever, you might want to look at R502.3.

Last edited by cmontesi; 04-11-2023 at 06:53 PM..
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Old 04-16-2023, 09:11 AM
 
194 posts, read 168,345 times
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Quote:
Originally Posted by cmontesi View Post
Yes, you will need a variance for 6".
Also, if those 6" is an addition to the 2FL, then you might need a variance for sky exposure. If you're going to cantilever, you might want to look at R502.3.
The 6" is just so I can achieve a certain size for the rooms on the 2nd level. What a nightmare this all sounds like.

What is R502.3, a different zone? Tried googling it, nothing came up.
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Old 04-28-2023, 10:57 AM
 
Location: New York
122 posts, read 235,692 times
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Quote:
Originally Posted by Blackdevil77 View Post
The 6" is just so I can achieve a certain size for the rooms on the 2nd level. What a nightmare this all sounds like.

What is R502.3, a different zone? Tried googling it, nothing came up.
Hello,
R502.3 is for joist span and cantilever allowed.
You need to look at 502.3.3 for spans at 50psi. Typically you design for douglas fir.
https://up.codes/viewer/new_york/irc.../floors#R502.3

If you're going to cantilever 6", which isn't much, you are also catching the weight from the roof and load bearing wall but a load bearing underneath won't be a problem.
Another thing that may come up is a rescheck.
If doing 2x4, do R-21 spray foam for the exterior wall(it's code), and ask your architect for r38 for the ceiling with a waiver. It's in the code. Otherwise they'll ask u to put R-49 and fire retardant.

Last edited by cmontesi; 04-28-2023 at 12:12 PM..
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Old 05-02-2023, 02:00 PM
 
Location: Former LI'er Now Rehoboth Beach, DE
13,057 posts, read 18,125,715 times
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I would also ask if you have considered the additional taxes on your home?
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Old 05-02-2023, 03:09 PM
 
544 posts, read 940,705 times
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Quote:
Originally Posted by nuts2uiam View Post
i would also ask if you have considered the additional taxes on your home?
this!
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