Legal Question in Real Estate Law in California
Residential Backyard Privacy
My husband and I are seeking a permit to build a second story balcony off of an office in our home. There is a 5X6 widow which will be replaced by a slider. All HOA laws have expired as of 1/01/2002. The city requires that we post a sign to find out if any neighbors ''object''. The balcony engineering exceeds all building code requirements and it is at least 15 feet from all property lines.
Two neighbors have opposed the construction of the balcony because of ''privacy issues''. Does the city have the legal right to deny the permit even if the balcony engineering & construction exceeds all building requirements? Thankyou.
2 Answers from Attorneys
Re: Residential Backyard Privacy
Without disputing in any way the correctness of the prior answer, I feel the following should be added.
Issuing a permit is generally considered a 'ministerial' rather than a 'discretionary' act. That is, the city does not have any discretion to deny the permit if you have complied with all laws, codes, etc. This would include any code regarding privacy matters if one exists, but it probably doesn't.
Nevertheless, you should appear reasonable and cooperative, because bureaucracies can find ways to make life miserable for people who assert their rights in callous disregard of neighbors' possibly legitimate concerns. Further, you have to live with these neighbors.
Re: Residential Backyard Privacy
It is my understanding from your e-mail that while you are concerned that the city may deny your permit because of your neighbors, that has not been decided yet. I suggest that you attend the meetings before the planning commission and present your position. Your rights to appeal depend on the particular city's codes and may require a Writ of Mandate to Superior Court. Should you want me to review any documnetation, I will provide you with free consultation. My fax number is 714 363 0229.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
