Fayetteville resident, Dave Hill, thought he had met all the proper codes and permits to expand a roof over his outdoor deck, but three months after starting the $6,000 project, the city is telling him it's not allowed.
"It looks great, neighbors love it, everyone wants to see it finished," said Dave Hill, who lives on the corner of Sycamore and Woolsey.
He began the project to cover his deck in July of 2008. He had never done a project of this magnitude by himself, so he went around the city to make sure he was doing everything correct. He even cut a hole in the roof so a tree could grow through it. He was issued a permit by the city and everything was fine for three months.
In October, 2008, he was approached by the city regarding their setback ordinances, which refers to how far a project must be off the street. "When he got his permit he did not indicate that he would be invading the setback and right ways of the city," said City Attorney, Kit Williams.
Hill said he would have been sure not to violate the setbacks, if someone in the city would have told him they existed. "I never heard the term setbacks, didn't even know there was setbacks, inspectors never before said anything about setbacks," said Hill.
Hill said he was eager to work with the city to fix the problem. He was directed to the circuit clerk, who actually told him there were no setbacks in place.
"Everybody had different amounts, no one had the same answer for me, so I kept trying to find out what I needed to do," said Hill.
It was eventually determined the setbacks had to be 35 feet from the middle of the street, so in the case of the deck, it was 15 feet to far over.
"Compared to the other houses built on that street you can see that it juts out way further than anybody else," said Williams.
In order to continue the project Hill had to ask the Board of Adjustments for a variance. Hill was supported by several members of the city, including Mayor Lioneld Jordan. However, the Board of Adjustments voted no.
"The mayor is who I go to if there is a problem but evidently he doesn't run the Board of Adjustments," said Hill. According to Williams, no one can override the Board of Adjustments, not even the city council.
Hill's only chance to save his deck is to appeal the decision in court. A date has been set for October 26, a year after Hill was told to stop work.
Hill said scaling back the deck by 15 feet is not an option, economically or aesthetically. "The tree would have to be cut down, everything re-shaped, a travesty to do it," said Hill.
"It looks great, neighbors love it, everyone wants to see it finished," said Dave Hill, who lives on the corner of Sycamore and Woolsey.
He began the project to cover his deck in July of 2008. He had never done a project of this magnitude by himself, so he went around the city to make sure he was doing everything correct. He even cut a hole in the roof so a tree could grow through it. He was issued a permit by the city and everything was fine for three months.
In October, 2008, he was approached by the city regarding their setback ordinances, which refers to how far a project must be off the street. "When he got his permit he did not indicate that he would be invading the setback and right ways of the city," said City Attorney, Kit Williams.
Hill said he would have been sure not to violate the setbacks, if someone in the city would have told him they existed. "I never heard the term setbacks, didn't even know there was setbacks, inspectors never before said anything about setbacks," said Hill.
Hill said he was eager to work with the city to fix the problem. He was directed to the circuit clerk, who actually told him there were no setbacks in place.
"Everybody had different amounts, no one had the same answer for me, so I kept trying to find out what I needed to do," said Hill.
It was eventually determined the setbacks had to be 35 feet from the middle of the street, so in the case of the deck, it was 15 feet to far over.
"Compared to the other houses built on that street you can see that it juts out way further than anybody else," said Williams.
In order to continue the project Hill had to ask the Board of Adjustments for a variance. Hill was supported by several members of the city, including Mayor Lioneld Jordan. However, the Board of Adjustments voted no.
"The mayor is who I go to if there is a problem but evidently he doesn't run the Board of Adjustments," said Hill. According to Williams, no one can override the Board of Adjustments, not even the city council.
Hill's only chance to save his deck is to appeal the decision in court. A date has been set for October 26, a year after Hill was told to stop work.
Hill said scaling back the deck by 15 feet is not an option, economically or aesthetically. "The tree would have to be cut down, everything re-shaped, a travesty to do it," said Hill.
