Q: Can I fight a law not allowing me to put a shade.
There is an ordinance in my city that says I have a 25’setback. I only have a 30’ driveway. I need something to help keep my house cooler and help my home become more energy efficient. Is the city obligated to give me some type of solution?
A:
Dear California SET BACK LAW questioner: The 25 foot set back precludes erection of a building structure but typically does not preclude, for example, an arbor or a shade sail or retractable awning. If you construct one of these examples above your sun-facing windows that may offer relief. You should either research online or in person, your local Building Department and find out what is permissible. Another route is "self research" by driving the neighborhood in your same zoned area and see what others have done to help alleviate the heat of the sun.
JIM GREER is an attorney licensed to practice in CA and CO and has specialized in real estate matters for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006
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