Garage Not Built To Code

[Ralphy]

Hey guys, I have a legal question for y'all. My sister in Ohio has a neighbor that was given a permit to build a garage/pole barn unattached. The building is fairly large app. 30'x60' with 12' tall min. walls. You walk out the back of her home and it's in full sight, right out the door to the immediate left.

Here's where it gets juicy, after talking to the city. The building was approved with the understanding it was to be built on a 2 acre plus lot, he has a 1.2 acre lot. Apparently the inspector did no verification and screwed up. So now the city says they can not stop him but they want to know what do they my sister and brother in law want. They were contacted by the cities attorney.

She called me asking if I had any input. I told her to contact a real estate attorney. I would ask for compensation for the attorney, value damages and trees too block the view. I know there's some fairly bright and even legal guys here. Any suggestions?

By the way, had her neighbor built the building further in back of his yard? They would have more than likely said nothing.


Ralphy

[olddog]

Your allowed to build within so many feet of your property line. Assuming this criteria is satisfied, he could have had 1200 acres and still build the building in the same spot. So the 1.2 verse 2 acre thing is a meaningless technicality.

You and your sister is what is wrong with this country! You think you have the right to tell your neighbor what they are allowed to do on their own property. Now she is going to get an attorney and cost this poor guy a whole bunch of money. Shame on her. My suggestion is tell your sister to mind her own business and leave her neighbor alone.

If she wanted to object to the building, she should have done it before it was built. If she insists she wants compensation she should go after the city zoning board and leave her neighbor out of it. Having a neighbor who hates you is never a good thing.

You asked for suggestions, and you got one.

[twobjshelbys]

He will probably appeal to the zoning variance board (aka board of adjustment) and be granted a variance.

I agree that if the setbacks are correct (assuming they don't vary by lot size) there isn't anything that can be done.

I spent 10 years on our town's planning board as chairman and rewrote the zoning code, including all the setback requirements for each zoning district. Our setbacks didn't vary by lot size but did vary by district.

Do you really want to spend money to joust windmills?

[Ralphy]

Twobjshelbys, what you are not understanding is the cityis making an offer, admitting they F'ed up. They want to know what their demands are. Trying to figure what an honest request would be.

[mrmustang]

Originally Posted by Ralphy

Twobjshelbys, what you are not understanding is the cityis making an offer, admitting they F'ed up. They want to know what their demands are. Trying to figure what an honest request would be.

I'm thinking that your sister is not giving you the whole story, or if she did, then when you posted it here, something got lost in translation. I say this as no town is going to come in and offer compensation to a private property owner for a procedural screw-up without a lawsuit.


Bill S.

[DanEC]

Originally Posted by twobjshelbys

He will probably appeal to the zoning variance board (aka board of adjustment) and be granted a variance.

This would be my guess also. At least locally part of this process includes getting signed statements from all the neighbors that they do not (or do) object to the variance. Then the board has to make a decision. If it's a true blight on the neighborhood and the neighbors stand together the board might take a stand against it - who knows. If your sister's the lone objector I would not bet they deny the variance.

[Ralphy]

No Mmustang, I've just been at the house. My sister and brother in law have pretty much said the same. They know their representative fairly weel and have met with him quit a bit.

In fact they all in the neighborhood have been meeting for some time now over a different issue. That being to the other side of this property, his left. A builder wants to build a new sub division with smaller lots then the already existing homes. It's the only open land around, app. 60 acres. And another irony, the guy who is building this garage. Has been one of the most vocal about these new homes wanting built. He's fighting tooth and nail.

My sister is not the a lone objecter also.

Ralphy

[Ralphy]

As far as the tone? Sounds like the city wants too sweep this under the rug. He applied for the permit a year ago, no walls are up yet just the 4x8's or whatever size. The city has done what's called red tagged/stopped his work.

As far as my family goes. My brother in law is a car guy. His other neighbor is a collector. My brother inlaw built his, the neighbors second garage to code in the back out of view.

[mrmustang]

Originally Posted by Ralphy

As far as the tone? Sounds like the city wants too sweep this under the rug. He applied for the permit a year ago, no walls are up yet just the 4x8's or whatever size. The city has done what's called red tagged/stopped his work.

As far as my family goes. My brother in law is a car guy. His other neighbor is a collector. My brother inlaw built his, the neighbors second garage to code in the back out of view.

if it's already been red tagged, then it should go back before the zoning board. At the very least, and without legal representation (and to be good neighbors), I'd ask (nicely) for some type of tall vegetative plantings to lesson the impact of the building in it's current location.

Bill S.

[twobjshelbys]

Originally Posted by mrmustang

I'm thinking that your sister is not giving you the whole story, or if she did, then when you posted it here, something got lost in translation. I say this as no town is going to come in and offer compensation to a private property owner for a procedural screw-up without a lawsuit.


Bill S.

And certainly not without a public process including zoning board hearings on the infraction and town board/city council on the compensation or damages.

Something has been lost in the translation here.

Originally Posted by DanEC

This would be my guess also. At least locally part of this process includes getting signed statements from all the neighbors that they do not (or do) object to the variance. Then the board has to make a decision. If it's a true blight on the neighborhood and the neighbors stand together the board might take a stand against it - who knows. If your sister's the lone objector I would not bet they deny the variance.

I suspect that the contacts made to the neighbor are in fact part of this process and that the matter is already in front of the planning/zoning board or board of adjustments. In our code comments were formally requested by written legal notice of any property owner within 300' of the subject property. And no offers are ever made, it's just a notice to attend the public hearing on the matter.

City Attorneys do not make deals, the public board would...

[Ralphy]

I think I understand where your going. I'm/us are assuming the process is done, when not.

Ralphy

[Ralphy]

I think I understand where your going. I'm/us are assuming the process is done, when not. The only thing is the lawyer stated we are not going to make him remove or start over? They as a government body are admitting fault. It's public knowledge the inspector never varified the permits accurateness. He's admitted that much.

Ralphy

[Ralphy]

So at least they should ask for? Representation not at their cost?

[Murky781]

In most states there is the "there is no ugly side of the fence rule." I'd be the good neighbor and split the cost of a few bushes or trees to soften the view.

[Ralphy]

I was back up to her house this week again. A little more background, the building is 50% larger than zoned. However other than that, location, height, etc... It's all good! Some home owners I think go through a bit of shock when they live somewhere for a long time. See the house where the garage is being built was where me and my sisters were born. We are talking about the 50's. My dad built the house and then built a second house that my sister still lives in now. My dad was a carpenter! The house also already has two garages and a large shed. And if you saw some of this guys architectural ideas, it's pretty fugly! Think Urban Hillbilly, that's what you already see.

It can't be proven but we think the home owner and inspector are at minimum acquaintances. Since the owner is from the same other city the inspector is from and he just does happen to be into grading. He knows the codes! One worry is what exactly are his plans? Is this going to be used as commercial property? We don't think so.... I/we have seen this more than once. Individuals like him move from the inner city because they can't do what they want. Then think they can do whatever they please since they moved out with the country bumpkins. There are still codes!

At this point, I have said to my sister, just deal with it. The city is not going to do anything. The issue is closed.

However I will answer to olddogs comment, "You and your sister is what is wrong with this country! You think you have the right to tell your neighbor what they are allowed to do on their own property." You have it backwards what's wrong with America is your ideas. You think rules do not apply to you. You see it all over the news today. You also make it sound like it's her responsibility to stick her nose up his ass before he builds. So if she didn't, it's her fault the city f'ed up and he misrepresented his property size.

Ralphy