Kessil

San Jose Permit Variances

Blaise006

Blaise006

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I suspect that the ADU (just a room, no bathroom, or appliances. sits on a foundation though) is in violation of the set back code for San Jose. This wasn’t in the disclosure forms that we reviewed when we bought.

I wanted to ask if anyone knows what the best process would be to obtain a variance for this, if it is possible, and/or the best action to take.

I did not see any permits pulled for the structure on the SJ portal, but I have no idea when the original structure was placed there.

This is coming up because we need an inspection to add solar.

Please let me know if there is anything else I can provide.
 
Blaise006 said:
I suspect that the ADU (just a room, no bathroom, or appliances. sits on a foundation though) is in violation of the set back code for San Jose. This wasn’t in the disclosure forms that we reviewed when we bought.

I wanted to ask if anyone knows what the best process would be to obtain a variance for this, if it is possible, and/or the best action to take.

I did not see any permits pulled for the structure on the SJ portal, but I have no idea when the original structure was placed there.

This is coming up because we need an inspection to add solar.

Please let me know if there is anything else I can provide.
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Was it counted in the square footage of your house? Our place came with an unpermitted space attached to the garage, which serves as an office. It was not part of the square footage.

We've gotten conflicting info on if this matters. It's fully attached, including with the roof over it. Some guidance we got was we'd end up needing to tear it down. Other guidance, and a majority of it, has been it doesn't matter.

Our recent experience with permits is no one looked at anything. That included a rather significant rewiring (new main, replacement of some knob and tube).

We also were debating using that area's roof for our upcoming solar install. The roofer we talked with said he doesn't believe there'd be any problems. Curious to hear what people say.
 
Blaise006 said:
This is coming up because we need an inspection to add solar.

Please let me know if there is anything else I can provide.
Click to expand...
Personally I would not worry about it, I know there is the idea that anytime you need a permit everything must be brought up to code (which FYI isn't quite true), but the reality is no inspector is going to check things outside of their scope (most likely), they'll check certain electrical things that typically may not be up to code as grandfathered in, e.g. ground rods pounded into concrete a certain distance apart, they'll make sure your hot and cold water is bonded at the water heater, but other than that they're not going to check the set back of some building on the property.

So IMO the best action to take is to not say shit about it to anyone, get your permit, and enjoy your solar. If anything is brought up, then deal with it then and only then.
 
Just make sure when you do have an inspector come that they come through the front door of the house, not the back! Friend of mine got nailed post closing on a house because their inspector did the same when signing off on some electrical work they had permitted and found the deck in the back from the previous owner was out of code.
 
I had our solar site surveyor come by today and we chatted for awhile. I mentioned our unpermitted space, and discussed that we should expect in the inspection. The main takeaway is as always it depends on who comes.

His expectation is for the unpermitted space they'd just be looking at historical house satellite pictures to figure out if anything changed. Our space has been there for a long time, so that shouldn't trigger.

Additionally on the inspection, he said what they're going to check is the panels, the lines from the panels to the inverters and hook up, and then the connection to the power output. Generally what it is plus that the disconnects are right. In our house all of that is completely outside, and would all be in one place. Therefore he would have no reason to enter the house/garage/... As such he shouldn't be able to start poking around, as long as I keep the doors shut.

That's my default plan. While I'm 100% cool with someone inspecting to reduce the risk of my house burning down and us all dying, and therefore I'm all for inspections, but I'd rather not scope creep my solar.

No idea if he's correct or if we'd get someone super interested in digging deep, but I'm feeling good about that. I am not going to put panels on our unpermitted space however though. Just seems like a risk I don't need to take.
 
I just had solar installed (San Jose) about two weeks ago and inspection is tomorrow. All I was told they are going to check is the electrical panel and then check inside for smoke detectors in appropriate rooms /floors. Will let you know what they inspect tomorrow.
 
Who did you end up going with?
Klems said:
I just had solar installed (San Jose) about two weeks ago and inspection is tomorrow. All I was told they are going to check is the electrical panel and then check inside for smoke detectors in appropriate rooms /floors. Will let you know what they inspect tomorrow.
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The inspector came by today, but the solar installer was not. So we will have to reschedule.

But he did tell me that they review the plans with the installer, look at the solar inverter box, then get up on the roof to look at junction box. Then just check for smoke / carbon monoxide sensors inside home per city code.

Ken
 
Klems said:
The inspector came by today, but the solar installer was not. So we will have to reschedule.

But he did tell me that they review the plans with the installer, look at the solar inverter box, then get up on the roof to look at junction box. Then just check for smoke / carbon monoxide sensors inside home per city code.

Ken
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Thanks, I have a proposal from them now. Just working through some details. Did you have any overages from their quote?
 
richiev said:
Additionally on the inspection, he said what they're going to check is the panels, the lines from the panels to the inverters and hook up,
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Funny story when I got mine a while back the inspector came, asked the solar guys if the ladder to the side of the house (2 story box home with flat roof) was secured, they said yes he gingerly climbed up peeked over the edge of the roof said "yup those are solar panels" and came back down very quickly. He did however rip them a new one for using an extra fuse in my garage that the solar guys wanted because I guess the distance from the shutoff to the box was "too long", the inspector just said they added extra complexity to the system for no reason other than being worried.
 
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