A site plan shows a building setback dimension of 25'-0" from the property line, but the survey shows the building is actually 23'-6" from the line. What is the most appropriate action?
Correct Answer
A) Check local zoning requirements and notify the architect immediately
Setback violations can result in serious legal and zoning issues. The architect and local authorities must be notified immediately to determine if the building meets minimum zoning requirements and what corrective action is needed.
Why This Is the Correct Answer
Option B is correct because setback violations are serious zoning compliance issues that can result in stop-work orders, fines, or required demolition. The architect must be notified immediately as they are responsible for design compliance and may need to redesign or seek approval for the variance. Local zoning authorities must also be contacted to determine if the current position meets minimum requirements and what corrective measures are needed before construction continues.
Why the Other Options Are Wrong
Option C: Continue construction as the difference is minimal
Filing for a variance after construction is complete is backwards and risky. Variances should be sought before or during construction when violations are discovered. Completing construction first may result in denial of the variance and required demolition of the non-compliant structure.
Option D: File for a variance after construction is complete
Adjusting other setbacks to compensate is not a valid solution and could create additional zoning violations. Each setback requirement is independent and must meet minimum standards. This approach could compound the problem rather than solve it.
Memory Technique
Think 'SAN' - Stop, Architect, Notify authorities - whenever you discover a setback discrepancy
Reference Hint
Florida Building Code Chapter 1, Section 104 - Duties and Powers of Building Official; Local zoning ordinances and setback requirements
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