Zoning Appeal this Thurs 5-12@$#$%#^

[70boss]

Well here is my latest land story.  I recently became unemployed and it has been the best thing to happen in the last 10 years.  I have been searching for a site to start my own business, and the land parcles that are zoned correctly are either expensive or in run down towns.  I am starting a use car and classic car dealership, and localities are not to friendly to car dealers. .  Well, I picked my locale, and found a terrific lot that is vacant, priced fair, and is at the corner of two major state highways....in fact the only stop light in town.  The lot is zoned correctly and it is undeveloped.  I have a few thousand invested in engineered drawings, and tree trimming as I was about to close a month ago.  Thats when the engineer and zoning administer discovered the lot was 730 square feet too small.  The lot measures out at 19,276 square feet, and the "Minimum" is 20,000 square feet.  The lot has existed far longer than the ordinance, and the property is classified and zoned properly for my use....yet they won't issue a zoning permit.  So now I have to get a zoning variance.....a committe that has only met twice in the last 2 years.

This has set back my schedule by at least 45 days.  It is just a PITA!!  If they deny the variance I am back to sqaure one.  Though logic suggests a denial is not smart since it would constitiute land "Taking" via ordinance.  I doubt the village would want to buy the compensate the property owner for lost value....but do these commitee mebers even know that??  Whew...that was longwinded.

[Daddymem]

Wow!  Have you consulted an attorney?  I know my hard-assed state has grandfathering clauses in all the zoning, maybe yours does too.  We got a variance for out lot, and we saw a lawyer for a $25 intial consultation fee and took it from there on our own successfully.

Now that I reread your post I realize you must have fairly recently purchased the land so grandfathering may not exist, it is usually for the owner at the time of the zoning creation or change.

Suggestions from someone who has been before many Boards where NIMBY (Not In My Back Yard) is their best friend:
Put a personal face on the project, sell yourself as an member of their community.
Dress appropriately, don't dressup too much, but don't look a slob.
Be professional no matter what.
If you have any support for your use at all, bring it.  Letters of support are ok too.
Look around for precident even if it only closely resembles your situation.
Above all remember that these are people with strong enough concerns about their community that they serve on a Board.  Their actions may be misguided at times, but their intent is usually just.

Guess which side I was on in this project.... :-/
http://www.bostonmagazine.com/ArticleDisplay.php?id=200&print=yes

[70boss]

I haven't closed yet...I delayed the closing until I get the variance.  The zoning administer has a lot of pull and he really liked my plans and ideas.  He is sold on the idea, at least that is what he relayed to me and I believe he will reccomend the variance.  The village attourney is the one who first spoke of the land "taking" and I am going to try to get him to write an advisory letter to the board.  I just don't want to step on any toes in a new community.

[Daddymem]

I haven't closed yet...I delayed the closing until I get the variance.

Phew! Sounds like you did it right and got a good due dilegence in your contract, very smart.  Good luck!

[glenn kangiser]

Doesn't sound like you need this, but its good reading for anyone interested in property rights.

http://www.landrights.com/

http://www.propertyrightsresearch.org/

[Bart_Cubbins]

Don't take the town's refusal to issue a permit as a bad sign. The bylaws are usually very clear about which regulations can be relaxed by town administrators. If the bylaw doesn't allow them to relax a regulation, they won't. Otherwise the neighbors or anybody else could sue them. That's exactly what the Board of Variance is for, PITA though it may be. At the hearing, be sure to emphasize the employment and property tax benefits of your proposal.

Daddymen, that's an eye-opening article. I thought my city was expensive. What I don't understand is if engineers, biochemists and technology workers make only 80% of the median income, then what exactly are the high-paying occupations over there??

Bart

[Daddymem]

Daddymen, that's an eye-opening article. I thought my city was expensive. What I don't understand is if engineers, biochemists and technology workers make only 80% of the median income, then what exactly are the high-paying occupations over there??
Bart

Heh, if I knew that I wouldn't be engineering
What I do know is that I busted my hump and went into debt to get into what I thought was a decent paying field only to find that someone moved my cheese.  You literally need a combined six figure income to live a true middle class lifestyle here.  We are only keeping our head above water because we don't live the middle class lifestyle (not that I would even if I made the money).  My cottage has almost tripled in value in 7 years and it will likely get gobbled up in the market quickly since there is not much out there around $200k.
The funny thing about that project is that I would not have qualified for one of the affordable units yet there is no way I could have swung the mortgage for that affordable unit

[glenn kangiser]

Don't feel bad Daddymem.  I'm so lower class that I have to live in a dirt hole in the ground like a lowly gopher.  It sounds like California is more affordable to live in - except the big cities -which you couldn't pay me to live in.

I have to work for the next 3 days or so, so will be scarce until tonight.

[vojacek]

biochemist in texas$40k. and that was cause i was lucky enough to find a job.. my husband is journeymen electrician w/52 college hours and doubles anything i've ever made. yeah, i feel a little ripped about my degree. it sure looks nice on the wall tho....and my parents can die happy.  

[70boss]

Well tonight was the big night....and the variance was granted.  I like it when things go my way....

[Daddymem]

Good for you, good luck!

[glenn kangiser]

Great 70boss.

Keep us posted on your progress.

[Amanda_931]

Since the alternative seemed making a pocket park out of the lot, I'm not surprised at all that the variance was granted.

Mind you,  a pocket park might have been nice.  But without a firm commitment from a well-established garden club or an endowment for upkeep, that would have been a drag on town finances.

Which wouldn't have meant that I would have slept
earlier in the week.

[Texan lost in cali]

Your post reminded me of something I saw the other day a true pocket park!
http://www.inhabitat.com/entry_1049.php

[lodestar]

congratulations on your new project!