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Rear property line setback structure restriction code violation

Everyone in my subdivision has some sort of structure in their back yard but my neighbor has called code complience because my child's play structure in withyin 25 feet of my rear property line, which is against code. I have talked with the code compliance officer and they say that I have to move it but it's 28 feet from the rear of my house to the rear property line. so I have nowhere to put it. Why can the code enforcement officer be so caprocious with enforcement whe everyone else has the same violation? It seems that the officer is taking my neighbor's side and selectively enforcing the code.

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Attorney answers (1)

Reputation Level 11
That must be one heck of a play structure...what kind of setback is involved here? Building set-back lines are usually intended to govern permanent structures - like your house or garage...not childrens play sets. I'd like to see the rule involved and then think about the unequal enforcement issue. Government can sometimes get completely out of control - this is either one of those times, or there is some legitimate rule involved. You can either accept their ruling - try for some sort of variance - try to fit within the rule - and/or hire an attorney and see what your options are...on this amount of information this sounds like an over zealous city official.

Other answers (1)

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Charles Beeson

the playset has a footprint of 4x5 feet and is 8 feet tall very small. Here's the definition of structure according to Issaquah

"Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner, excluding fences in rear/side setback areas of a single family residence. Flood walls are considered to be structures.

I also have a hot tub that is within 25 feet of the rear properety line and the officer said she will site me for that if I don't move the playset. How can they selectively decide to who, for what and when they apply the codes?

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