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Set back ?

7,135 Views | 17 Replies | Last: 2 yr ago by rme
Dr T and the Women
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I am building a home in Jonestown, TX

We got a survey and started laying out the drive. The city came and shut us down as the neighbor thought we were encroaching.

We have the survey and showed the city.

The city person started talking about the set back. I always understood setback don't apply to drives/fences etc

Can anyone educate me?
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Diggity
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the lesser known B-Side on the seminal "Let it Be" album
AgPT06
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It depends. Usually you are right, but cities or neighborhoods can have specific set backs that apply to certain structures. I would assume the city or HOA should be able to show you in writing if it applies to driveway. We built a house last year and part of my driveway runs right along the property line. I did talk with the neighbor to let him know. The way the lot sits it was really the only way to do it and he understood.
TxAG#2011
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Ok where the heck are you supposed to install the driveway if it can't be included in the setback? Drive over the grass to get to the driveway?
Dr T and the Women
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TxAG#2011 said:

Ok where the heck are you supposed to install the driveway if it can't be included in the setback? Drive over the grass to get to the driveway?



Exactly!
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normaleagle05
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The neighbor is talking about an encroachment and the city is talking about a setback line.

I'm certain we don't have enough information here to be helpful to you.
Ducks4brkfast
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Dr T and the Women said:

TxAG#2011 said:

Ok where the heck are you supposed to install the driveway if it can't be included in the setback? Drive over the grass to get to the driveway?



Exactly!
Are you sure the city isn't referring to a setback from the property boundaries on the sides? In other words, the driveway can go to to the street, however it must be setback 5'-0" from the sides of the property line.
Dr T and the Women
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Ducks4brkfast said:

Dr T and the Women said:

TxAG#2011 said:

Ok where the heck are you supposed to install the driveway if it can't be included in the setback? Drive over the grass to get to the driveway?



Exactly!
Are you sure the city isn't referring to a setback from the property boundaries on the sides? In other words, the driveway can go to to the street, however it must be setback 5'-0" from the sides of the property line.


Sorry

Yes I am talking lateral setback

From the neighbor
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Predmid
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Per: https://jonestowntx.gov/uploads/2022.4.5-residential_building_packet_revised.pdf

Residential Driveways must comply with the following standards:
All new driveways at single family residences in the City of Jonestown are required to be constructed with either asphalt or concrete and (for single entrance driveways) cannot be wider than 20 feet across measured at the property line. Additional requirements for driveways are listed below.


o All driveways shall be designed so as to provide safe vehicular entrance and exit. 7
o All driveways are limited to undeveloped slopes below 25% gradient. They shall not exceed a maximum of 20% grade after construction.
o Each dwelling shall have not more than one driveway entrance per lot, unless access is provided with a circular driveway, in which case two driveway entrances are permitted. For single entrance driveways, the maximum width shall not exceed 20 feet. For circular driveways, construction shall be as follows:
o Each entrance shall be a maximum of 15 feet wide, measured at the property line.
o The portion of the driveway which runs parallel to the street shall be a maximum of 20 feet wide.
o Each entrance shall be 5 feet from the side property lines measured at the front property line.
o The portion of the driveway which runs parallel to the street shall be set back a minimum of 10 feet from the front property line.
o The pavement shall be constructed with a minimum radius of 5 feet where the driveway adjoins the paved portion of the public street.

The location of all driveways shall be approved by the city building official

Driveway Right of way (ROW) Approach Inspection to verify driveway approach is completed in accordance with City of Jonestown regulations

Dr T and the Women
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Predmid said:

Per: https://jonestowntx.gov/uploads/2022.4.5-residential_building_packet_revised.pdf

Residential Driveways must comply with the following standards:
All new driveways at single family residences in the City of Jonestown are required to be constructed with either asphalt or concrete and (for single entrance driveways) cannot be wider than 20 feet across measured at the property line. Additional requirements for driveways are listed below.


o All driveways shall be designed so as to provide safe vehicular entrance and exit. 7
o All driveways are limited to undeveloped slopes below 25% gradient. They shall not exceed a maximum of 20% grade after construction.
o Each dwelling shall have not more than one driveway entrance per lot, unless access is provided with a circular driveway, in which case two driveway entrances are permitted. For single entrance driveways, the maximum width shall not exceed 20 feet. For circular driveways, construction shall be as follows:
o Each entrance shall be a maximum of 15 feet wide, measured at the property line.
o The portion of the driveway which runs parallel to the street shall be a maximum of 20 feet wide.
o Each entrance shall be 5 feet from the side property lines measured at the front property line.
o The portion of the driveway which runs parallel to the street shall be set back a minimum of 10 feet from the front property line.
o The pavement shall be constructed with a minimum radius of 5 feet where the driveway adjoins the paved portion of the public street.

The location of all driveways shall be approved by the city building official

Driveway Right of way (ROW) Approach Inspection to verify driveway approach is completed in accordance with City of Jonestown regulations





Thank you

You are better at the google
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Ducks4brkfast
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Not sure what a lateral setback is, however this is likely your issue:

Quote:

o Each entrance shall be 5 feet from the side property lines measured at the front property line.

You've got to be 5'-0" from your side setback.
Furlock Bones
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are you in the Hollows? or the rest of normal part of Jonestown?
Dr T and the Women
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Normal
Building a spec house to rent
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oldarmy76
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Ducks4brkfast said:

Not sure what a lateral setback is, however this is likely your issue:

Quote:

o Each entrance shall be 5 feet from the side property lines measured at the front property line.

You've got to be 5'-0" from your side setback.



That's only for circle drives. Doubt that applies to a single driveway.
Rexter
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oldarmy76 said:

Ducks4brkfast said:

Not sure what a lateral setback is, however this is likely your issue:

Quote:

o Each entrance shall be 5 feet from the side property lines measured at the front property line.

You've got to be 5'-0" from your side setback.



That's only for circle drives. Doubt that applies to a single driveway.


Nope. Applies to any driveway, and both sides of the circular driveway.
Deats99
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TxAG#2011 said:

Ok where the heck are you supposed to install the driveway if it can't be included in the setback? Drive over the grass to get to the driveway?


An agent's experience in your market, along with a survey would be a good place to start.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
oldarmy76
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Look at the 11th line of text and then what follows. It is effectively saying you can only do circle drives on very large lots.

I've never seen a side setback apply to a driveway much less an additional 5-feet from the side setback…how would you access the garage that is built on the side of the house at the side setback if the driveway had that restriction…
rme
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This tells me there are no minimum requirements from a property line (other than a street). The entrance can't be closer than 5' to the property line, but it doesn't say it can't curve after that and it certainly can widen from 15' to 20'.
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