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Old 03-01-2009, 11:24 AM   #1
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Question about maximum deck size in Delaware.


I am drawing up plans for a new deck and I live in New Castle County Delaware in 19702. I am having trouble determining what they mean when the FAQ the county put out says:
Q: How large a deck can I build?
A: An uncovered deck that is elevated above ground level may project half the distance of the minimum required yard setback, but no more then fifteen (15) feet.

Can anyone decipher this? Does anyone from this county know more about how far my deck can extend beyond the back of my house. My plans so far range from 16 - 20 feet from the back of the house. I don't really want to cut a foot off each deck board to make it fifteen and waste all that.

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Old 03-01-2009, 12:11 PM   #2
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Question about maximum deck size in Delaware.


The way I read it, seems like 15' foot is the maximum it can project.
Do you know what your set-back dimension is?

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Old 03-01-2009, 12:23 PM   #3
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Question about maximum deck size in Delaware.


Contact your local building Dept & ask them
Anything else is a guess
Say you have a 25' setback requirement & you have a 40' back yard you can go out 15'
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Old 03-01-2009, 12:26 PM   #4
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Question about maximum deck size in Delaware.


if I am reading my plot plan correctly looks like the rear yard setback is 40ft. My yard is at least 100ft from back of house to property line. Does 15 feet sound rediculous to anyone else. This irritates me that I am going to have to waste like 50 lineal feet of the very expensive decking I am getting so I can comply.
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Old 03-01-2009, 12:31 PM   #5
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Question about maximum deck size in Delaware.


Quote:
Originally Posted by Scuba_Dave View Post
Contact your local building Dept & ask them
Anything else is a guess
Say you have a 25' setback requirement & you have a 40' back yard you can go out 15'
The Q & A is from my counties land use department. I just wanted to have some help deciphering what I already think it says. It just sounds dumb to me. I think in your example if I read the Q&A right the max it could extend is 12.5ft which is half of the minimum yard setback you quoted. I have a 40ft setback so it could be 20ft out from the house if there wasn't a maximum stipulated.
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Old 03-01-2009, 12:39 PM   #6
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Question about maximum deck size in Delaware.


Setback is the distance required where you are not allowed to build
If your back yard is 40' from the house to the back of your property
And the Town states you have a 25' setback requirement
Then the Max you can go out is 15'

If the Town has a 30' setback requirement then the Max would be 10'

They may allow you 16' - makes sense since it comes in 16' lengths, but you need to ask them

On the side of property I only have 13' from my house to the property line. The Town has a setback requirement of 15'. So my house would not be allowed to be built so close to the property line today
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Old 03-01-2009, 12:44 PM   #7
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Question about maximum deck size in Delaware.


Quote:
Originally Posted by Scuba_Dave View Post
Setback is the distance required where you are not allowed to build
If your back yard is 40' from the house to the back of your property
And the Town states you have a 25' setback requirement
Then the Max you can go out is 15'

If the Town has a 30' setback requirement then the Max would be 10'

They may allow you 16' - makes sense since it comes in 16' lengths, but you need to ask them

On the side of property I only have 13' from my house to the property line. The Town has a setback requirement of 15'. So my house would not be allowed to be built so close to the property line today
My backyard is about 110ft from the back of my house to property line with a 40ft setback notated on the plot plan blueprint the developer copied for me. 15ft Just sounds crazy. I wonder if I can request a variance for the extra foot I want to build?
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Old 03-01-2009, 12:49 PM   #8
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Question about maximum deck size in Delaware.


Quote:
Originally Posted by Doctorsti View Post
My backyard is about 110ft from the back of my house to property line with a 40ft setback notated on the plot plan blueprint the developer copied for me. 15ft Just sounds crazy. I wonder if I can request a variance for the extra foot I want to build?
That's what I would suggest, 15' is an odd number
It all depends upon how strict they are
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Old 03-01-2009, 01:44 PM   #9
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Question about maximum deck size in Delaware.


In NYC the rear setback is 30 feet, but you can automatically get a variance for 25 feet. Any more then that requires hearings and paperwork and the use of an Expeditor.
You need to go down and speak to the building dept and see what they do in your area.
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Old 03-01-2009, 02:25 PM   #10
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Question about maximum deck size in Delaware.


Contact you permit and zoning dept., chances are you can get it approved if you abide by the proper permit process. Have the drawing and deck details along with your property plot ready when you make your first (hopefully only) visit.
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Old 03-02-2009, 06:59 AM   #11
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Question about maximum deck size in Delaware.


Down along the north side of the canal, probably a large lot??? You will need your lot plot and detailed drawings of your deck in relation to the house, on the plot. Take them to Reads Way for a decipher. I agree that the 15' max is not correct, I have done decks with much more than 15', but not under the current rules(recently adopted). The main issue is how it encroaches on other properties.

Last edited by Just Bill; 03-02-2009 at 07:04 AM.
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Old 03-03-2009, 02:01 PM   #12
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Question about maximum deck size in Delaware.


I just talked with the department of land use here and the correct way to interpret the rule is that I can extend my elevated deck halfway into the setback or no more then 15 feet. If I did that however my deck would be about 90 feet from my house as there is a good 75 feet from my house to the setback line (that is 40 feet in from the rear property line). What a relief. Now back to the drawing board for deck design.
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Old 03-03-2009, 03:43 PM   #13
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Question about maximum deck size in Delaware.


Good news
What you don't want a 90' deck??

Maybe with pools & stuff they wanted to keep decks away from the property line. My little 12x12 deck for my picnic table out back is actually maybe 15' from the property line
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Old 03-03-2009, 07:21 PM   #14
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Question about maximum deck size in Delaware.


Might be time to rewrite the regulation since it was is so difficult to correctly understand?

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