I wonder if the seller knew this?
what did the seller's REALTOR know?
I guarantee if it were 7 feet too close to the street and 2 feet too close to John and Jane Smith, they'd be able to get a waiver.
It probably wasn't seven feet too close to the road until they widened the road. The two feet too close to the neighbor sounds like what got this going. My space, you're invading my space. Kids too? Oh no, can't have that.
It made no difference at the time of the sale that the 82 year old home's setbacks were less than the current code requires. All building codes grandfather building built prior to a change in setback (and most other) code specifications. The issue arose after they began construction on the addition, and discovered that they would have to replace more of the original exterior wall than originally planned, due to rot and termite damage discovered after construction began. When they exceeded 50% of the original wall, that eliminated the grandfathering and classified the whole house as "new construction" subject to current setback requirements (and all other code requirements). In other words, if they had left the rotten, termite-damaged walls the way they were, instead of replacing them with new, sound wood, they could have done the same addition without violating the code.
When it says they were granted additional permits, to continue with the construction after discovering that more wall would have to be replaced than originally planned, and that those permits were subsequently rescinded, it sounds to me as though some sane officials recognized how idiotic it was to dump an already approved and started addition, because the owner didn't want to leave rotten structural walls adjacent to the new addition, and approved the variance. Then some bigwig neighbors got wind of their opportunity to stop the construction (probably preferring that it be replaced with some McMansion, or perhaps the Post/New Yorker couple wants to buy the lot and raze the house so they can have more land and a better), and twisted the arms of local officials to rescind the sensible variance permit.
According to the letter of the law, once 50% of the original walls have been removed, there is NO way legally keep this house standing without a variance, as it can't stand up without the exterior walls that are within the current code's required setback, and it can never again be eligible for the grandfather clause, because it can never again have more than 50% of its original exterior walls.
"the house was originally built seven feet too close to the street and two feet too close to the home."
I guess the fact that the house was built 82 years ago has no bearing on this, huh? Seems it should almost be on the list of "old places that are exempt from everything".
Or the Title company..
This is clearly a case of a "postie" spinning a story to the detriment of a young couple with children (and given the names, I'm guessing they are Catholic).
Fur Shur one thing "posties" hate are living children, especially not what they call "breeders" or "fish". Now if these people had aborted their kids, this Hamilton guy would probably be out there helping them rake the yard.
One thing you don't want in your neighborhood is a "postie" ~ I've never met one who could be trusted.