Legal > The vacant lot next door was bought and the new owner is ... >

The vacant lot next door was bought and the new owner is starting to build a house. All lots in this subdivision are lakefront sloping lots. Local codes require a 7 1/2 Ft setback from property line to building structure. The code allows zero setback for a driveway. My new neighbor wants to build up his lot and driveway to make it a level lot. His garage is going to be 8Ft. off of the ground and his driveway will be at my property line with a 10 to 12Ft. retaining wall running down my property line at the rear and side of his house. My codew question is: Would an elevated drive way on a vertical retaining wall be a structure or just a drive way which would not require any setback? I will be sitting in my back yard looking up at a 12Ft. wall with a driveway on top and cars on top of that. Someone is going to drive off the 12 Ft. wall and land on me or in my pool. Your opinion please.

Optional Information:
DeFuniak Springs, Florida

Already Tried:
The county building department. They consider this just a driveway.

Customer (name blocked for privacy)

Even though I agree with you that this sounds to be a dangerous endeavor, if the County is going to allow it as a "driveway", then there seems to be little you can do to stop this. You can file a complaint with the county to try and block the building of this "driveway" as well as requesting that a judge order them to put up safety guards to keep vehicles from coming off of the "driveway" onto your property. You could argue that this is an "Unsafe structure" and a public nuisance for which it is against the county ordinances. (You can read the county's ordinances HERE.) It can be argued that it is a danger to you and others for this to be built in such a manner; but that would have to be decided by the county and/or a judge in a civil matter. Should you take this court and have an injunction filed to stop him from building this, it would be a crime for him to continue. Go HERE to find the different Boards or Commissions that may be of help to you such as the Code ENforcement Board. If you can get a hearing in front of the Board of Commissioners or the Planning Commission, that may be satisfactory in blocking him from building this danger near you.

If you need further assistance, please contact me with additional information or questions. Please click ACCEPT so that I may get credit for my work! Positive Feedback & BONUSES are appreciated!

Related Answers