Hi ,

We live in San jose California, own a single family home.

we always have issues in storing things.

The previous owners had a metal storage shed, which was ok until it started to rust and fall apart.We encountered rat problems due to this.To solve the issues, we wanted to build a nice strong storage shed and did so .As per the city rules, maintained 120 sq ft and under 9ft.We were 90% done .

Somebody complained on this construction calling it an illegal construction and had an officer visit us and warned on this and asked us to take it down or move it else where, according to him we are not suppose to build an accessory structure within 60ft from our property line. He gave us 2 options 1. to move the shed -the problem is we laid a foundation in concrete which can't be moved, and other option is to take it down.After spending $7000/- ,in these tough times in single earning, saving every penny , we are unable to do so .

Has anybody here gone through similar or same situation and how can this be handled . Any inputs are greatly appreciated .

Thank you

1. Did you need to get a permit for it? Some places require one. You can find the answer by calling your local building and zoning dept.

2. If you did get a permit, tell B&Z that you need to finish. If they gave you a permit they should have checked and approved the location.

3. If you are OK, tell the neighbor to pound sand.

4. If not OK, find what you need to make it ok, You might need to request a variance.

I am a landlord and contractor with many sheds on lots of properties. You need to know several rules. Here are a few:

a) So long as the shed is not fixed to the ground and not permeant, free standing on it's own, then no permit is necessary so long as it confirms to code.

Like a Rubber Maid Shed under 120 square feet. Or a metal shed kit.

I have used Cargo Shipping Containers 20'L x 8'W and 8'T on many properties. The neighbors complained and then the City told me to move it. So I drove around my property, a mile in each direction and gathered over 60 home address that also have cargo containers for storage. Some of the home owners worked for the City. One was an appointed Judge. Several were doctors. So I took my notice to remove my Cargo Container from the City, made copies and attached a letter. I sent to each resident with also a cargo container my notice and told them they are next.

I then went to a City hearing. They had already gotten phone calls from over 30 residents complaining about the City bulling me. I then showed the City the Code about temporary storage and it not being a fixed to the ground. I also told them that each of the 50 schools in the area use cargo containers for storage of books and supplies and I sent a notice to the head of the Board of Education that I'm suing that they are allowed to do as they please and I as a tax payer am not allowed to have a cargo container on my property.

After I made all of this fuss, I told the hearing board that I'm going to fund anyone who is running to replace them in office, unless they back down.

As far as the neighbor who reported me, he is best friends with someone working for the city. So I filed many violations on my neighbors home. He did a complete remodel without any permits. They did nothing against him. So I went to a Judge, one of my x-lawyers and he had a lot to say about fair play. The judge wrote a letter to the Mayors office and my neighbor had to have a contractor sign off of everything being done to code and get permits. When the jobs were being inspected by an inspector, I showed them many things done not to code and not a accepted method being used.

In the end knowing the codes and getting others on my side saved me. As a contractor I've had many issues with different inspectors telling to do things using different methods. Being Licensed by the State, 6 licenses, I told them a thing or two and alerted the State and Fed's my city is doing things "outside" of code.

Thank you for your prompt response Mr Richard.i dud check if we need a permit, as long as no electricity line or plumbing line is used we are fine, and dimension is 120sq ft then we are ok.

The officer says any accessory structure can not be built from 60 ft from the property line. Which I did not read of any.

And the previous owners did have a storage in the exact same spot, hiw would some one know of this?

Thank you for your prompt response Mr Richard.i dud check if we need a permit, as long as no electricity line or plumbing line is used we are fine, and dimension is 120sq ft then we are ok.

The officer says any accessory structure can not be built from 60 ft from the property line. Which I did not read of any.

And the previous owners did have a storage in the exact same spot, hiw would some one know of this?

Thank you for your prompt response Mr Richard.i dud check if we need a permit, as long as no electricity line or plumbing line is used we are fine, and dimension is 120sq ft then we are ok.

The officer says any accessory structure can not be built from 60 ft from the property line. Which I did not read of any.

And the previous owners did have a storage in the exact same spot, hiw would some one know of this?

Wow, that's cruel. My neighbor in San Jose has one that is definitely not sixty feet from the property line. You might pose your question to a forum that is specific to San Jose real estate. How about using Next Door?

I serve on a planning board for a small township in Western Pa. Even within the same township, there is no standard that covers it all. Some places require 50 feet where other types of zoning require 3 feet

Update on thus :

The inspector visits my property and sends me a fine of $231/ for not removing upon revist.

I called him to understand is this one time fine, he says it's just a revisit fee, and unless I remove it I will be charged like this and them later $2000/ day .

He was so rude talking to me as if I were a small kid getting disciplined.

He says just because you don't have storage or place city will not make any exceptions.

Every other house on the neighborhood has a storage shed built and we are the one been complained off.

Arguing with code enforcement is like wrestling with a pig in the mud.

You don't get any positive results and both like it.

First step - figure out what the standard is suppose to be.

Step two - check with the local authorities if there is a work around, possibly a variance.

Step three - meet the standard (or variance requirement) or elect to pay fines