My neighbor recently built what he claimed was a brick wall about 1 ft
from our property line. He then had a truck load of gravel added to the
wall, in effect creating a parking pad off his driveway. He neglected
to get a building permit or to contact zoning. I found out from zoning
that there's a 5 ft setback on driveways. He promptly parked his
trailer on his new driveway which is above our fence line (since his
property sits on a small high above our property).The zoning board has
since told him that he can't park on his new driveway since it hasn't
been approved. I'm a little irritated at this neighbor for being so
sneaky about the way that he put this driveway in. I think that his
theory is to just do it and see if he gets caught. I'm assuming that
he'll be applying for a zoning permit since that's his only option
other than removing it. I don't know what happens at a zoning meeting
since I've never been to one. Does it cost money? What questions should
I ask. I hope someone can give me some advice on this.

wrote in message
ups.com...
| My neighbor recently built what he claimed was a brick wall about 1 ft
| from our property line. He then had a truck load of gravel added to the
| wall, in effect creating a parking pad off his driveway. He neglected
| to get a building permit or to contact zoning. I found out from zoning
| that there's a 5 ft setback on driveways. He promptly parked his
| trailer on his new driveway which is above our fence line (since his
| property sits on a small high above our property).

trying to picture what you said. So this wall is a retaining wall and
he added fill on the 'hill' slope above the wall? how high is the wall?
Please describe more fully with some approximate measurements?

lee



The zoning board has
| since told him that he can't park on his new driveway since it hasn't
| been approved. I'm a little irritated at this neighbor for being so
| sneaky about the way that he put this driveway in. I think that his
| theory is to just do it and see if he gets caught. I'm assuming that
| he'll be applying for a zoning permit since that's his only option
| other than removing it. I don't know what happens at a zoning meeting
| since I've never been to one. Does it cost money? What questions should
| I ask. I hope someone can give me some advice on this.
|

The wall is a interlocking brick wall about 2-3 ft high. He added a
truck load of class 5 gravel to the top of the wall thus creating a
parking pad off of his driveway. My issue isn't the wall it's the fact
that he built this parking pad (driveway) which is about 24 ft feet
long. Long enough for his trailer and boat. It's not just a brick wall
like he claims.
lee_houston wrote:
wrote in message
ups.com...
| My neighbor recently built what he claimed was a brick wall about 1 ft
| from our property line. He then had a truck load of gravel added to the
| wall, in effect creating a parking pad off his driveway. He neglected
| to get a building permit or to contact zoning. I found out from zoning
| that there's a 5 ft setback on driveways. He promptly parked his
| trailer on his new driveway which is above our fence line (since his
| property sits on a small high above our property).

trying to picture what you said. So this wall is a retaining wall and
he added fill on the 'hill' slope above the wall? how high is the wall?
Please describe more fully with some approximate measurements?

lee



The zoning board has
| since told him that he can't park on his new driveway since it hasn't
| been approved. I'm a little irritated at this neighbor for being so
| sneaky about the way that he put this driveway in. I think that his
| theory is to just do it and see if he gets caught. I'm assuming that
| he'll be applying for a zoning permit since that's his only option
| other than removing it. I don't know what happens at a zoning meeting
| since I've never been to one. Does it cost money? What questions should
| I ask. I hope someone can give me some advice on this.
|

wrote in message
oups.com...
The wall is a interlocking brick wall about 2-3 ft high. He added a
truck load of class 5 gravel to the top of the wall thus creating a
parking pad off of his driveway. My issue isn't the wall it's the fact
that he built this parking pad (driveway) which is about 24 ft feet
long. Long enough for his trailer and boat. It's not just a brick wall
like he claims.

by chance, are you and your neighbor under deed restrictions? If so
read your restrictions and see if this construction is allowed. Is a
homeowner's association involved? if so, go to them to enforce
the restriction if applicable?

in a city? does city permit storing boat/trailer on residential lots?
if not, call PD for enforcement.

lee

" writes:
My neighbor recently built what he claimed was a brick wall about 1 ft
from our property line. He then had a truck load of gravel added to the
wall, in effect creating a parking pad off his driveway. He neglected
to get a building permit or to contact zoning. I found out from zoning
that there's a 5 ft setback on driveways. He promptly parked his
trailer on his new driveway which is above our fence line (since his
property sits on a small high above our property).The zoning board has
since told him that he can't park on his new driveway since it hasn't
been approved. I'm a little irritated at this neighbor for being so
sneaky about the way that he put this driveway in. I think that his
theory is to just do it and see if he gets caught. I'm assuming that
he'll be applying for a zoning permit since that's his only option
other than removing it. I don't know what happens at a zoning meeting
since I've never been to one. Does it cost money? What questions should
I ask. I hope someone can give me some advice on this.

At the meeting they will take neighbor comments. You absolutely
should attend, and if this development bothers you and you feel it
will adversely affect your property value (it should, and it will),
complain and complain loudly. Your tack is: I object, his
improvements are not in accordance with the rules, he did not seek the
proper permits and they adversely affect your property--tell the board
you want it to enforce the zoning laws and require the neighbor to
remove the illegal structure, or make it comply with side yard and
driveway setback requirements.


--
Todd H.
http://www.toddh.net/

" wrote:

The wall is a interlocking brick wall about 2-3 ft high. He added a
truck load of class 5 gravel to the top of the wall thus creating a
parking pad off of his driveway. My issue isn't the wall it's the fact
that he built this parking pad (driveway) which is about 24 ft feet
long. Long enough for his trailer and boat. It's not just a brick wall
like he claims.

I think what you are saying is that he built a retaining wall along the property
boundary that ran parallel to his driveway, then filled in the gap between his
drive and the wall so that it was level to the wall? Something like this (view
in fixed font):


========\ new ||
HisDrive \__fill__||_Your drive__

If what the neighbor has done is a violation of the zoning for that
area, what he needs is a variance to keep it, otherwise it has to go.
Typically, municipalities have Boards of Adjustment, which are there to
hear variance cases and decide whether to grant them.

The applicant has to notify all property owners within a certain
distance, provide them with info on the variance request, when the case
will be heard, etc. He will need to make a case to the board that what
he wants to do deserves a zoning variance. You need to attend the
meeting and tell the board why what he is requesting is detrimental to
your property and welfare and why the variance should be denied. The
more info you have, the better chance you have of prevailing. I'd
also talk to sympathetic neighbors, about how this may affect their
property as well. Most people probably don't want the neighborhood
being turned into a storage area for boats, trailers, etc. Get them
to attend the meeting or if they can't, provide affadavits. I'd also
get a real estate appraiser to give an opinion that your property will
be worth less if this is granted and have the appraiser attend the
hearing as an expert witness for you. Since you are the most affected
property owner, your opposition should be a major obstacle. However,
depending on who the guy knows, if he hires a politically connected
lawyer, etc, anything can happen.

You could also consider hiring an attorney, which would increase your
chances of prevailing, but can be expensive and is not required.

wrote:
I'm a little irritated at this neighbor for being so
sneaky about the way that he put this driveway in. I think that his
theory is to just do it and see if he gets caught.

Nothing to add, except I feel your pain. This is very common practice
around here too: throw down the asphalt, and hope nobody calls you on
it.

But I can also see the flip side as well, because homeowners are in a
quandary in our town. We have conflicting ordinances: one demands a
certain amount of green space to asphalt; the other demands no
on-street parking. With the increase in people owning two and three
SUVs, where are they going to park? Plus then you have the trend here
of people converting single families into multi-condo/rental units,
meaning more cars per property.

If you do go through the legal route, they don't make it easy on you.
We wanted to expand our parking area, which currently only fits two
cars for a duplex of two families (total of four cars). It was a
nightmare of red tape to navigate, even though we had full support of
all our neighbors (who would love to reduce the number of cars on our
street). To extend the parking pad into a driveway going up the side of
the house to the back, we were told we'd have to foot the bill for a
100-year drain on the street, which ran into the thousands of dollars.

So we decided not to go through with it for now, and instead, are
planning on getting rid of our second car eventually, to save us the
hassle of constantly moving the second car every few days, and finding
another place to park when there's a snow storm. Having one car is good
for the environment, at any rate.

Yet then I can't help but feel a little befuddled when one of our
neighbors recently took the other tactic and just slapped down a new
driveway without going to the bother of permit process. No 100-year
drain, no hassles, job was done in a day. I'm not about to blow the
whistle on them, because now their five cars are off the street -
hurray!

jen

"shinypenny" wrote in message
oups.com...

wrote:
I'm a little irritated at this neighbor for being so
sneaky about the way that he put this driveway in. I think that his
theory is to just do it and see if he gets caught.

Nothing to add, except I feel your pain. This is very common practice
around here too: throw down the asphalt, and hope nobody calls you on
it.

But I can also see the flip side as well, because homeowners are in a
quandary in our town. We have conflicting ordinances: one demands a
certain amount of green space to asphalt; the other demands no
on-street parking. With the increase in people owning two and three
SUVs, where are they going to park? Plus then you have the trend here
of people converting single families into multi-condo/rental units,
meaning more cars per property.

If you do go through the legal route, they don't make it easy on you.
We wanted to expand our parking area, which currently only fits two
cars for a duplex of two families (total of four cars). It was a
nightmare of red tape to navigate, even though we had full support of
all our neighbors (who would love to reduce the number of cars on our
street). To extend the parking pad into a driveway going up the side of
the house to the back, we were told we'd have to foot the bill for a
100-year drain on the street, which ran into the thousands of dollars.

So we decided not to go through with it for now, and instead, are
planning on getting rid of our second car eventually, to save us the
hassle of constantly moving the second car every few days, and finding
another place to park when there's a snow storm. Having one car is good
for the environment, at any rate.

Yet then I can't help but feel a little befuddled when one of our
neighbors recently took the other tactic and just slapped down a new
driveway without going to the bother of permit process. No 100-year
drain, no hassles, job was done in a day. I'm not about to blow the
whistle on them, because now their five cars are off the street -
hurray!

i'm sure the codes officer will notice.

Todd,

Another problem with this parking pad/brick wall is the roof run off.
He buried the downspout from his garage under his parking pad so all of
the run off from his roof flows onto our property (which is downhill
from him). Acutally he has 2 drains coming out of it. Maybe the second
drain one just collects the water that flows onto this parking area. I
see this as a big problem with soil errosion. I know that alot of rain
water can flow off a roof in a rainstorm. I'd like to resolve this as
painlessly as possible. What other problems do you see with this
situation?

Todd H. wrote:
" writes:
My neighbor recently built what he claimed was a brick wall about 1 ft
from our property line. He then had a truck load of gravel added to the
wall, in effect creating a parking pad off his driveway. He neglected
to get a building permit or to contact zoning. I found out from zoning
that there's a 5 ft setback on driveways. He promptly parked his
trailer on his new driveway which is above our fence line (since his
property sits on a small high above our property).The zoning board has
since told him that he can't park on his new driveway since it hasn't
been approved. I'm a little irritated at this neighbor for being so
sneaky about the way that he put this driveway in. I think that his
theory is to just do it and see if he gets caught. I'm assuming that
he'll be applying for a zoning permit since that's his only option
other than removing it. I don't know what happens at a zoning meeting
since I've never been to one. Does it cost money? What questions should
I ask. I hope someone can give me some advice on this.

At the meeting they will take neighbor comments. You absolutely
should attend, and if this development bothers you and you feel it
will adversely affect your property value (it should, and it will),
complain and complain loudly. Your tack is: I object, his
improvements are not in accordance with the rules, he did not seek the
proper permits and they adversely affect your property--tell the board
you want it to enforce the zoning laws and require the neighbor to
remove the illegal structure, or make it comply with side yard and
driveway setback requirements.


--
Todd H.
http://www.toddh.net/

I'm not sure about the deed restrictions and there's no home owners
association involved. As far as I know he can store his boat on the
side of his house on the grass which is what he had been doing in the
past. I guess that building a parking pad was more convenient for him.
He obviously didn't think about our propety since he went and buried
the downspout from the roof under the parking pad. Now all of the water
from his garage flows onto our property. I'm concerned about soil
erosion and our property values. What do you think is my next step? Can
I file a petition to get his to remove this structure?
lee_houston wrote:
wrote in message
oups.com...
The wall is a interlocking brick wall about 2-3 ft high. He added a
truck load of class 5 gravel to the top of the wall thus creating a
parking pad off of his driveway. My issue isn't the wall it's the fact
that he built this parking pad (driveway) which is about 24 ft feet
long. Long enough for his trailer and boat. It's not just a brick wall
like he claims.

by chance, are you and your neighbor under deed restrictions? If so
read your restrictions and see if this construction is allowed. Is a
homeowner's association involved? if so, go to them to enforce
the restriction if applicable?

in a city? does city permit storing boat/trailer on residential lots?
if not, call PD for enforcement.

lee

That's exactly what he did. However, he also buried the downspout from
his garage under the parking pad so that all of the water flows into
our yard. I'm concerned about how this is going to erode our soil.
After a rainstorm I expect to see trenches running through my gardens.
Clark W. Griswold, Jr. wrote:
" wrote:

The wall is a interlocking brick wall about 2-3 ft high. He added a
truck load of class 5 gravel to the top of the wall thus creating a
parking pad off of his driveway. My issue isn't the wall it's the fact
that he built this parking pad (driveway) which is about 24 ft feet
long. Long enough for his trailer and boat. It's not just a brick wall
like he claims.

I think what you are saying is that he built a retaining wall along the property
boundary that ran parallel to his driveway, then filled in the gap between his
drive and the wall so that it was level to the wall? Something like this (view
in fixed font):


========\ new ||
HisDrive \__fill__||_Your drive__

" writes:

Todd,

Another problem with this parking pad/brick wall is the roof run off.
He buried the downspout from his garage under his parking pad so all of
the run off from his roof flows onto our property (which is downhill
from him). Acutally he has 2 drains coming out of it. Maybe the second
drain one just collects the water that flows onto this parking area. I
see this as a big problem with soil errosion. I know that alot of rain
water can flow off a roof in a rainstorm. I'd like to resolve this as
painlessly as possible. What other problems do you see with this
situation?

I think you've got a handle on all the problems.

Now to get some justice. Contact your municipality and whoever
oversees zoning and what not, find out when that hearing is where
he'll try to get a variance, dress well, look respectable, have your
concerns prepared, practice delivering them in a consise and
emotionally neutral way focusing on facts and articulate your
concerns. The committee if they're sane will rule against the
homeowner who violated the setback and who is now dumping water onto
your property.

--
Todd H.
http://www.toddh.net/

wrote in message
ups.com...

I don't know what happens at a zoning meeting
since I've never been to one. Does it cost money? What questions should
I ask. I hope someone can give me some advice on this.

I imagine that different towns work in different ways. In ours, there are
meetings once or twice a month, with the dates published in advance at town
hall, in local newspapers, and on the web. Anyone can attend those
meetings, and there is no charge for doing so.

I suggest you start by paying a visit to your local seat of government,
describing the situation, and asking for advice and information.

wrote in message
...He obviously didn't think about our propety since he went and buried
the downspout from the roof under the parking pad. Now all of the water
from his garage flows onto our property. I'm concerned about soil
erosion and our property values....

The above is a big no no. Tell them this at the zoning meeting. Might also
want to go see the building permit office and zoning office before the
meeting, tell them the above along with the rest of the story, and ask what
you should do.

In article .com,
" wrote:

That's exactly what he did. However, he also buried the downspout from
his garage under the parking pad so that all of the water flows into
our yard

Plug the end of the downspout with cement.

Okay, the neighbor created *two* problems for himself, both of
interest to you.

First, he violated the zoning setback requirement along your
property line. His new parking pad is a functional extension
of his driveway. Driveways are not permitted within 5 feet of
side boundaries. Complain to the building inspector re this
being done without a permit. Complain to the zoning board re
this being done at all.

Second, he may have created a runoff problem. That depends
on how permeable the parking pad is. Gravel is a fairly good
sink for water. He is just lucky he did not pave his new
parking pad (yet!). Paving would without question create a
runnoff problem, combining water that falls on his roof and
on the parking pad itself. Any newly caused runoff onto your
property is actionable; complain to the building inspector.

Hope this helps,

Una

shinypenny wrote:
With the increase in people owning two and three
SUVs, where are they going to park?

In my area, many people park their "extra" vehicles, including
pickup camper shells, RVs, trailers, and boats, in county lockup
facilities.

Una