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#1
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Driveway setback, sneaky neighbor
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. |
#2
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Driveway setback, sneaky neighbor
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. | |
#3
Posted to misc.consumers.house
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Driveway setback, sneaky neighbor
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. | |
#4
Posted to misc.consumers.house
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Driveway setback, sneaky neighbor
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 |
#5
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Driveway setback, sneaky neighbor
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 |
#6
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Driveway setback, sneaky neighbor
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. |
#7
Posted to misc.consumers.house
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Driveway setback, sneaky neighbor
" 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__ |
#8
Posted to misc.consumers.house
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Driveway setback, sneaky neighbor
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__ |
#9
Posted to misc.consumers.house
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Driveway setback, sneaky neighbor
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. |
#10
Posted to misc.consumers.house
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Driveway setback, sneaky neighbor
" 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/ |
#11
Posted to misc.consumers.house
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Driveway setback, sneaky neighbor
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. |
#12
Posted to misc.consumers.house
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Driveway setback, sneaky neighbor
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/ |
#13
Posted to misc.consumers.house
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Driveway setback, sneaky neighbor
" 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/ |
#14
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Driveway setback, sneaky neighbor
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 |
#16
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Driveway setback, sneaky neighbor
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#17
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Driveway setback, sneaky neighbor
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 |
#18
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Driveway setback, sneaky neighbor
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. |
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