Neighbor opposing deck

[kcal09]

I am building a deck in my backyard which is on top of a slope. The plans were submitted to the city and a permit was pulled. My neighbor at the bottom of the slope is now complaining that he was not informed about the deck and he is concerned that there may be a landslide. His house is about 70 yards away. He said that he will complain to the city. Does he have a case or can I assume that once I have the permit I can proceed? There is no HOA in this neighborhood.

[NotCranky]

I don’t know if the deck actually poses a problem. Sometimes building jurisdiction approve things that are not suitable. Decks are not known to cause landslides.

However, building jurisdictions have been known to take advantage of a neighbor’s complaint to churn business or put excessive CYA demands on an unsuspecting party. You have to take a wait and see attitude, but be forewarned.

Gather as much info you can, including the feedback that the city gives you on the complaint. Be suspicious of that feedback and any new demands the city might give you. Hopefully , it will turn out to be nothing.

[njtosd]

Realize that if you get a permit and your neighbor can prove that it was incorrectly granted, you cannot defend yourself by saying “the government said it was ok.”. Be sure (ie find a land use lawyer) if this is a big investment.

[UCGal]

Assuming everything was by the book, and to code, you should be fine. But it doesn’t hurt to talk to the neighbor about their concerns, to alleviate the concerns.

When we built our granny flat we made sure every t was crossed and i dotted. Because we were within the rules, it did not go to neighbor approval.

My husband also went and talked to the neighbors on either side, below us, and across the street to let them know what was going on. Kind of preventive damage control.

One of the neighbors below expressed concern about the roof/building pad creating more runoff water flowing into his yard. We showed him the grading and drainage plans (with basins and pumps that capture the water and pump it away from his house.)

When all was complete, we had a party and invited all the neighbors to see the finished project. The same neighbor said it was so much nicer than he feared, and was completely satisfied. He was able to inspect the storm water pump system up close and personal.

So… manage your neighbors concerns. Show him that you’re not impacting him.
If it’s a wooden deck – the water will still drain between the planks and be absorbed by the dirt below the deck. If it is a solid surface deck – then you probably do have to capture and redirect the storm runoff.

[sdduuuude]

If you have a permit, I don’t think there is any way he could prevent you from proceeding.

If the city granted the permit, it means his permission or input is not necessary. In some places, it is. Building anything in La Jolla always seems to require neighbors’ approval. In Clairemont, not so much.

The permit process should surely weed out projects that could cause landslides. So, he can go to the city and say “hey, I wasn’t informed about this and it could cause a landslide” The city will say “it isn’t your property so you don’t have to be informed” and “Show us your engineering proof that it will cause a landslide and we’ll consider it. By the way, here are the engineered plans that show it won’t cause a landslide.” Unless he’s a brilliant engineer and knows how to work the city planning department, I’d give him zero chance of convincing them.

Anything is possible, though – so just make sure your insurance covers landslides caused by a new deck, built with permits. You should be OK there.

The nice thing to do would be to explain how the permit process protects him, assure him he’s safe, thank him for his concern, let him know you have his safety in mind, yada, yada. Then start building as soon as possible.

[CA renter]

More excellent advice, UCGal.

[svelte]

Just tell’em you’ve got a big deck and you’re not afraid to use it. That’ll keep’em quiet.

[patb]

if there was an error in the permit the city can pull it.

I’d check with a local land use lawyer, to make sure it’s all kosher, and
give the city some notice, that there is a complaint but your lawyer has checked it, and they have 30 days to review the file, and otherwise you will presume it is correct.

i’d also have the lawyer send a letter to the neighbor informing him that a permit has been pulled and the city allows this by right and according to code, and that if he has any concerns, he is welcome to hire a geotechnical engineer
and review things, but that construction is planned to begin with 30 days and that if he wishes to express any concerns that he should have the engineer contact the lawyer NLT X day or he will be considered to have waived his rights to comment

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