A Fayetteville homeowner is in a fight with the city in regards to a new roof he built over his deck.

David Hill says he followed all the proper procedures and secured the right permits in order to build the roof over his deck, located at his home on Sycamore Street. The city sent six representatives to his house today to tell Hill he is in clear violation.

"It's a really bad violation of department code, worst one we've seen," said Bob Kohler, Chair of the Board of Adjustments.

According to the city's unofficial measurement, Hill's roof violates the city's set back codes and street right away codes, which is how close people are allowed to build toward their property line and street.

Hill says it would have been nice to know these things last year, before he poured $5,000 into the addition. "All these people that I went to get information not a single one told me anything about setbacks," said Hill. "I don't know if anyone up there knows exactly where everything is supposed to be."

Hill asked the Board of Adjustments, a group appointed by city council, for a variance but they said no. According to Kohler, the only way to overrule them is to go to court. "That's just the way the law is written, state law," said Kohler.

The city tried to avoid court by making a compromise that Hill only scales back the roof by six trusses, but Hill says that's unacceptable. "Once you have something built with trusses, you can't just take away, you have to re-support, engineer, redesign everything," said Hill.

Hill plans to appeal the Board of Adjustment's decision in court. His case is scheduled to be heard in January.

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