Setbacks and Easements

What are Building Setbacks and Easements ?

We all know of homes that feel to close to one another. I have heard individuals joke about how they could possibly touch each home that sit next to each other at the same time. It is interesting how they speak about new homes being to close. But the closest homes I have encountered are the ones built back in the early 1900s in Denver. I have literally had to walk slightly sideways to move between them. Neighbors joked how the cats of the area were able to jump from roof to roof because the older homes were so close to each other in Denver. I have been around properties where buildings were constructed right on the property line, making the side of the building the property line and the roof extended over into the neighbors land. I have met neighbors who disagreed about where their common boundary was and what to do about things built intruding onto the other property. There were instances when I witnessed how not enough room was allowed between buildings to allow a utility to be repaired underground and had to be hand dug out, and filled back in.

The use of setbacks and easements has allowed present day construction to not create these problems.

Most new parcels of land have established setbacks and easements that limit the location where the home and accessory buildings can be built. Easements are areas of land whereby access is given to agencies or companies to maintain what the easement is created for. Easements can be established for drainage or any utility above and below the ground. They are commonly made wide enough to allow repair vehicles access to the entire length of the utility or drainage swale. Easements can also include prohibitions against planting trees and bushes that would need to be destroyed if a repair was to be made.

Setbacks are a set distance from property lines that buildings can not encroach upon. Sometimes roof overhangs can be limited too by easements and setbacks. Overhangs may be allowed in those areas by a short distance. However, even rare, zero lot line construction allows buildings to be built to the property line. Duplex and other townhomes may actually use a zero lot line as a centerline through the common wall between units. When this happens and in homes allowed under 5 feet from a property line, the “Building Code” will limit what materials can be used within a determined distance from that line. This is for the suppression of fire spread from one unit to another property.

The combination of setbacks and easements limit the overall footprint of the home. You can not build onto either setbacks or easements. Materials and number of openings such as doors and windows change depending upon how close the home is built to a property line. You should acquaint yourself with each of these before you commission a design.

Gary Miller

Principal and Architectural Designer,

Timbertree and Stonecastle Designs, LLC

Building Permits

What does the Code say about Permits ?

The Code writes about Permits in its first chapter of the 2012 IRC. Basically, a Permit is a set of documents that is signed by both the applicant and a designated Building Official that grants permission by a legal jurisdiction for certain acts of construction on a piece of property. Almost every time I draw something, that item is used in the pursuit of a Permit. What it takes to obtain a Permit is ultimately up to the Department of Building Safety or as I usually refer to them as the “Building Department”. Most towns and cities have this department. And for those towns and cities that do not, the Permit process is handled by either the County government or a State level agency. Projects that are not within a city or town usually have their Permits administered by the County government.

A Permit also establishes a schedule of inspections. Those required inspections are usually carried out by a building official or someone they designate. The Permit is considered fulfilled once all of the required inspections are completed and the Department of Building Safety can issue a Certificate of Occupancy giving the owner the permission to use what was constructed. In order for a Certificate of Occupancy to be issued or a Permit to be considered fulfilled, all of the inspections must show approval of what they cover. Or the construction needs to be corrected until it does.

A Permit also declares a benchmark of value of the work being done. And that value is then subject to taxes and fees to be collected by the jurisdiction at the time the Permit is issued. I have seen projects of similar value done in different jurisdictions have incredibly different fees and taxes. So, be prepared and find out ahead what is expected before you apply.

A Permit, according to the 2012 IRC Code, is at a minimum an application signed by the person seeking the Permit. The application includes a form to describe what is intended to be done. It also is to include at minimum two sets of drawings that establish in a graphic form what is going to be done, and that the construction and demolitions shall conform with all applicable Codes laws and regulations. The application needs to describe the address or a legal description of the property being worked on. It also needs to list the use and occupancy where the work is being done.

The construction documents in the permit application are to consist at a minimum by the Code; two sets of drawings on media approved by the Building Official that show sufficient clarity of what is going to be done under the Permit. The 2012 IRC allows the Building Official to require on the drawings the identification of all braced wall lines. Those details are to show the methods and placement of all braced wall panels and the interaction between foundations and the panels.

The construction documents must include unless waived by the Building Official, a site or plot plan showing the location and size of all existing structures, the limits of any demolition and the size and location of new construction. If the work is being done within a “flood hazard area”, then information describing the location and limits of the hazard, the elevation of the lowest floor level and height of that level as compared with the highest adjacent grade are to be shown.

It is interesting that the Building Official of a Department of Building Safety may determine if work to be done can be accomplished in a manner inconsistent, but in keeping with the intent and purpose with the letter of the Code. They can review and determine what unique construction methods that are not covered by the Code are acceptable. But that person can not modify any provisions that are affected by a flood hazard area. Those provisions in the Code can only be modified by a designated Board of Appeals.

The 2012 IRC requires that all manufacturer’s installation instructions for items, the approved set of construction documents and the Permit itself must remain at the site of the work involved so that the building official and inspectors they designate may review those items at the site for compliance.

Not everything in construction needs a Permit. The 2012 IRC lists those construction activities that do not need a Permit. However, even though a Permit is not required, the activity and end result still must comply with the Code, and any other laws and regulations associated with it. For a complete list of what is not required for a Permit, you need to contact the Building Official for that list. The 2012 IRC lists things such as storage sheds not needing a permit if they are less then 200 square feet in area. Unattached free standing decks less then 30 inches high with no entrance into the residence and with less then 200 square feet of floor area can be built without a Permit. Certain types of playhouses do not need a Permit. Short retaining walls that are less then 4 feet tall from bottom of footing to the top of the wall don’t need a Permit. Sidewalks and driveways, certain types of water tanks, prefabricated swimming tanks under two feet deep and playground equipment usually don’t require a permit. Interior finishes such as painting, tiling, carpeting and installing of cabinets don’t need a permit. And certain minor mechanical, electrical and gas related work may be done without a formal Permit. Again, each jurisdiction can modify the list shown in the Code and so one should always consult with the Building Official to make certain that the work desired is not requiring a Permit.

Permits are required to be secured before work is begun. However, the Code allows emergency repairs, that normally require a permit, can be initiated as long as the application is made on the next business day for the Building Official. A Permit can be issued as described within the 2012 IRC for a foundation only, if the rest of the residence documents are not ready for application. The Code states that the applicant applies for a “Foundation Only Permit” and initiates work at their own risk, since the issuing of that Permit does not imply the acceptance of the rest of the work as approved for a Permit.

A word to the wise here, is that when it comes to permits, communication with the Building Official about their particular requirements will make this process easier then it can sound.

Gary Miller
Principal and Architectural Designer,
Timbertree and Stonecastle Designs, LLC

French Country Home Design

What is French Country Design About ?

French Country Style

Most home styles are rooted in trends in the past and present in different geographical locations around the world. It is wonderful to have such a variety of choices for your home.

French Country designs reflect an area of France known as Provence. It differs from a European castle style home in that it is more country rustic in appearance. In keeping with its natural setting, you will commonly find interior beamed ceilings, stone fireplaces and planked floors. All of which can be distressed for a feeling of coziness.

On the exterior, there may be a mixture of rustic stone, stucco and wide windows. The windows may have vintage shutters on either side. Windows and doors may be arch topped. There may be high Romeo and Juliet black wrought iron balconies on some upper windows and french style exterior doors. Large chimneys are built along with high dark colored sharp roof lines. The upper story roof lines may impinge on the upper story windows, causing those windows to partly or fully dormer into the roof. Windows and doors may be accented with Mahogany wood details.

Landscaping may include wide courtyards. Walks may have more subtle curves and be composed of stone instead of hard angles of concrete.

Gary Miller

Principal and Architectural Designer,

Timbertree and Stonecastle Designs, LLC

Do I Need A Soils Test?

What is a Soils Test ?

As you stand on the ground you are thinking about building a home on, the dirt feels solid, unmovable and full of life. Surely a home can be built here with no problems you feel. And then someone mentions a need for a soils test. What is that?

A soils test, or by the more technical name “Geotechnical Test”, analyzes the composition of the soil below the surface for its ability to support a foundation of a building. In the Denver area, and Front Range of Colorado, a soils test is required to be done in order for a foundation to be correctly designed and you need to turn in a copy of it to the Building Department there if you want a building permit for a home there. Since the test determines how much weight the soil can take on without sinking or sometimes expanding, it is done by a separate geotechnical engineering firm and is compiled into a report that the structural engineer uses for their design

Along the Front Range of Colorado and throughout Denver, the soils contain a significant amount of clay and bentonite. Both substances have beneficial uses in cosmetics, and in gardening and in making things like bricks and clay fired dishes. But under a home or building, they are responsible for the shifting and lifting of homes and concrete floors and movement in streets and sidewalks. That simple lifting or called “heaving” creates cracks in foundations and floors and also show up as drywall cracks inside and cracks in bricks outside.

The test determines the amount of these substances and other soil constituents to determine the possible amount of movement they can create. Parcels of ground with significant amounts of these problem items can change a foundation design from a simple spread footing to one that requires expensive drilled reinforced concrete piers to hold the home in place. Basements can go from having a concrete floor to a wood floor framed over a crawl space under the basement. Walls in basements are usually hung from the floor above and left floating above a basement floor to prevent the transfer of upward lift into the house above. All these things of mitigation add significant costs to a home.

In Twin Falls, Idaho, the Building Department there has a presumption that the bearing capacity of the soil inside the city limits is 1500 psf. So for every square foot of soil, that the spread footer of the foundation sits on, it can uphold 1500 pounds of weight. Therefore a footing that is 18 inches wide at its bottom can transfer up to 2250 pounds of weight from the home for every foot of length of its foundation walls. Add up the lengths in feet of all of the home’s foundation walls and multiply that number by 2250 and you will have the maximum weight the home can be before it possibly settles or sinks. This of course is a very simplified example to give an idea of what a bearing capacity number can mean to a home design. One of the purposes of the soils test is to determine that bearing capacity number.

Other items a geotechnical test can provide is at what depth within the depth of the hole drilled for the test, is water present. It always amazed my inner child need to drop a stone into the test hole and weight to hear either that thud of a dry hole or the splash of it hitting a surface of water. A tape measure is then used to determine how close to the surface is this water table. Water that is discovered higher then the planned depth of a basement can mean possible trouble with water entering a basement in the future and added expenses in a basement design to try to keep that water out. Sometimes though, the water level is too invasive and a basement idea may need to be abandoned all together. Knowing this thru the use of this test saves a lot of headache in changing plans for a basement.

Another item discovered is a point called the “Point of Refusal”. This is simply where the rock under the ground is hard enough and close enough to the surface that the drill device that takes samples for the test comes to a point where it can not proceed. If the “Point of Refusal” is to high, then the excavation for the foundation could become more expensive, especially if blasting is needed. Or again, a decision for a basement is abandoned.

Typically the test is performed by a company drilling a 6 inch diameter hole going down nearly 25 feet into the ground. Samples of the soil are brought up at different depths in the hole and collected. Those samples are taken to a laboratory where they undergo analysis of composition as well as swell and shrink potential tests. Usually I would see in Denver two holes drilled in the area of the proposed basement could be and one hole made in the area of any garage may be.

After seeing the extent of how underground soil can effect the home above and how easily a home can develop cracks or become flooded by water, I encourage this test as it helps to ensure a better and more sound foundation for the dream you have.

Gary Miller

Principal and Architectural Designer,

Timbertree and Stonecastle Design, LLC

What is the Code ?

The Code

The International Code Council or “ICC” writes regulations that building departments may enforce to ensure the public health and safety in structures built for occupation and use. The “Code” is a consortium of several individual volumes that cover different aspects of construction. For single family and two-family residential homes, the code is mainly written in the International Residential Code or “IRC”. Within the IRC a person will find regulations on the construction of building assemblies, initial planning for life-safety issues, minimum energy efficiency standards, minimum mechanical, minimum plumbing and minimum electrical for single and two-family residential homes.

The ICC also writes for enforcement by building departments additional codes. Each is separately bound and creates more detail regulations for those covered within the IRC. Together they form what is referred to as the “I-Codes”. Whenever there possibly is a conflict within the code, it is usually the more stringent code that is to be followed.

The I-Codes include in addition to the IRC the following volumes for adoption by local governments for enforcement:

International Building Code (also known as the IBC)
International Energy Conservation Code
International Existing Building Code
International Fire Code
International Fuel Gas Code
International Green Construction Code
International Mechanical Code
ICC Performance Code
International Plumbing Code
International Property Maintenance Code
International Swimming Pool and Spa Code
International Private Sewage Disposal Code
International Wildland-Urban Interface Code
International Zoning Code

The ICC releases new editions of each code every three years.

Governments adopt codes they feel address issues under their jurisdiction. Governments decide which edition of each code they want to enforce. I have personally seen where building departments were enforcing codes of a particular edition like the 2009 and enforce newer or older editions of other codes at the same time. Most will adopt codes all released from the same year. Amendments and additional codes may be written by those government bodies as they feel fit the needs of their constituents. The codes that do not reflect those needs usually do not get adopted and therefore not enforced. It is the responsibility of designers, architects and engineers to create construction documents that reflect the adopted codes as amended. It is the responsibility of all contractors, sub-contractors and suppliers to supply and install all items into structures in a way that complies with the adopted codes as amended whether they are detailed in the construction drawings or not. Failure of contractors, sub-contractors and suppliers to comply with the code can result in a requirement by the building department to undo and repair the construction to where it complies or face a “Stop Work Order” and possibly other penalties as prescribed by law. The Stop Work Order bars any forward progress in the construction until the faulty items are corrected to the satisfaction of the building department. (Section R101 thru Section R114 2012 IRC)

The National Electric Code or referred to as the “NEC” or “NFPA 70” is created by the National Electric Code Committee of the National Fire Protection Association or “NFPA”. Like the Codes written by the ICC, it can be adopted as written, amended or outright replaced by any government body having jurisdiction over construction. The NFPA 70 is amended as a new edition every three years just like the I-Codes except its anniversary year is the year before the ICC releases its new editions.

Some states and cities totally write building codes for themselves. States like California, Rhode Island, North Carolina, Oregon and Ohio have statewide codes for construction. Idaho has its own plumbing code. Cities like Chicago have their own code for construction. Therefore it is important to contact the building department you are dealing with and have them list all the codes they are enforcing before beginning any design work.

Things That Must be Considered First

Do Not Forget These When Buying Land

The purchase of raw land with the desire to build a custom home is the first step towards having your custom home built. Go and stand on your new property. It is more than plain dirt under your feet. In fact it has many things about it that you should be aware of. Sure the land possibly has a great view. There are other things, more hidden, that can impact your dream. They act as boundaries. They are essentially rules that you and the home designer must comply with if you are to see your dream become reality.

The following are some of the items you will need to consider before hiring your architect or designer to create a floor plan. So, lets take a look at what you need to know about your land before that dream can be placed on paper.

The Soils Test
Lot Utilities
Wells and Septic Fields
Drainage
Existing Natural Habitats
Underground Hazards
Covenants and Agreements
Building and Planning Department Issues
Building Codes Enforced
Fire Suppression Issues
Soil Erosion Regulations
Import and Removal of Fill Dirt
Sun and Shade Restrictions
Setbacks and Easements
Building Height Restrictions
Limits on Use by Right
Architectural Review Committee Restrictions

Gary Miller

Principal and Architectural Designer

Timbertree and Stonecastle Designs, LLC

Know Your Land – See Your Dream

What Do You Want Exactly ?

You found that perfect piece of land. It is the beginning of a dream. Every process has a beginning. Knowing your very first step towards having a custom home can seem daunting. What do you do first? Do you first choose an architect, choose a contractor without drawings or go visit the local building department?

You purchased a parcel of ground. You have many choices to choose from. The very first step is to decide whether you want a custom home, a pre-designed home from a plan service, or a home directly from a builder who has a design in hand. You may even choose to hold onto the property, later selling to someone else at a profit. However, should you want a custom home, this ongoing blog will answer your questions about how to proceed.

Should you want a custom home, now is the time to visualize your dream. You will need to gather many examples of things that appeal to you. Do you want a three bedroom, Victorian style, two story home? Is your dream about a four bedroom rambling ranch with a craftsman style exterior? Could it be something else totally different? Collect clippings from magazines. Print pictures from the Internet. Go visit homes already built and note what appeals to you. You need these to help you describe to an architectural designer or architect what your dream is. I have seen many individuals who knew they wanted a custom home but were conflicted inside about what that would be. It is the role of architectural designers like myself, to take all the puzzle pieces you find and pull them together to form that picture perfect place you want to call home.

The Dream

The lights dim and a conductor takes to the stage. Before him sits several individuals poised at the ready to play. He lifts his hand, and with a flick of a wand, the orchestra plays and music fills the air. Those who have come to hear a concert are pleasantly rewarded.

When a person has a dream, and that of a new custom home, they seek out an architect or designer. And like an orchestra, the design team under its conductor, the architectural designer rewards the future homeowner. The designer uses their creative mind like that of the conductor to bring out within a group of professionals and engineers their very best. The music played is the design coming to life for the audience member, you the future homeowner.

I have been and continue to be that architectural designer for over thirty years. In that time, homeowners have asked many questions about how to best go from buying a blank piece of ground to getting a building permit for their dream. I want to put within this blog my thoughts for those wanting to take that leap, purchase a parcel of land, and seek out a designer to place their dreams and longings onto paper.

There are many steps in this process, and this blog will cover those from the initial meeting with a designer, to achieving a permit that will allow that owner the valued special moment of sticking that shovel for the first time into the dirt they own.

May all of you who read this have great success in this process,

Gary Miller
Principal and Architectural Designer
Timbertree and Stonecastle Designs, LLC