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Kitchen Sink => No Moto Content => Topic started by: angler on February 08, 2010, 07:01:58 AM

Title: how to handle zoning disagreements
Post by: angler on February 08, 2010, 07:01:58 AM
Apparently there was roof line height disagreement.  It is an old story......

(http://www.snopes.com/photos/risque/graphics/utahhouse2_small.jpg)


http://www.snopes.com/photos/risque/ventcover.asp (http://www.snopes.com/photos/risque/ventcover.asp)
Title: Re: how to handle zoning disagreements
Post by: He Man on February 08, 2010, 08:50:47 AM
i would of kept it up until they aplogized AND threw a big party in my name.
Title: Re: how to handle zoning disagreements
Post by: dropstharockalot on February 09, 2010, 05:46:56 AM
I work in Zoning, and this story is to us zoning nerds as "Caddyshack" is to golf course employees.  If we were tough enough to get tattoos, that finger is what we'd all go with.

Here's another great one... I actually used this as the basis of a training scenario that I conducted:

http://www.advicegoddess.com/archives/2006/04/17/revenge_of_the.html (http://www.advicegoddess.com/archives/2006/04/17/revenge_of_the.html)
Title: Re: how to handle zoning disagreements
Post by: ducpainter on February 09, 2010, 06:06:29 AM
I just would have kept it.

Glad I don't live in Utah. [roll]
Title: Re: how to handle zoning disagreements
Post by: angler on February 09, 2010, 06:10:56 AM
This kind of stuff is insane.  My sis and my mom both in in house farms in AZ.  They are atrocious.  My bro-in-law has an f-250 long bed extra cab that doesn't fit in his driveway (sticks into the sidewalk a tad).  He started getting complaints through the HOA, so now he parks it across the driveway and mostly in the yard.  The neighbors love that, but it is not against the rules.  The silliness they have had to endure is crazy.
Title: Re: how to handle zoning disagreements
Post by: Autostrada Pilot on February 09, 2010, 06:27:39 AM
Quote from: ducpainter on February 09, 2010, 06:06:29 AM
I just would have kept it.

Glad I don't live in Utah. [roll]

When this was on the local news several months back, we all though the complaining neighbor was being reDICKulous.


I love that the neighbor who was doing the complaining "I was just concerned for their safety".  How does a house that's 12 inches too high raise a safety concern?  He was just pissed he lost his view.
Title: Re: how to handle zoning disagreements
Post by: dropstharockalot on February 12, 2010, 04:24:54 PM
Quote from: angler on February 09, 2010, 06:10:56 AM
This kind of stuff is insane.  My sis and my mom both in in house farms in AZ.  They are atrocious.  My bro-in-law has an f-250 long bed extra cab that doesn't fit in his driveway (sticks into the sidewalk a tad).  He started getting complaints through the HOA, so now he parks it across the driveway and mostly in the yard.  The neighbors love that, but it is not against the rules.  The silliness they have had to endure is crazy.
Ah, a common property ownership misconception...

///Cue “Shell Answer Man” voice-over:

A HOA is not the same as zoning.  A HOA is creation of a private covenant agreement entered into by homeowners when they take title to a property.  It is non-governmental.  Many HOAs think they are the government, but they aren't.  Because they aren't a government, they aren't subject to many of the things that are supposed to make government fair - open door/sunshine laws, consistently-held elections, disclosure of spending laws, etc...  HOAs don't exist to serve the public welfare - only the interests of the HOA members as determined by the HOA members.  So a nit-picky HOA gripe like "We banned big pick-ups because we're snooty and thing big pick-ups are ugly" is (IMHO, completely bullshit, but also...) completely legit.  It's then up to that HOA to seek remedy through legal action using funds generated by that HOA â€" the government doesn't swoop in with tax dollars to sue Mr. Big Pick-Up and compel them to park in accordance with the covenants on behalf of the HOA.

Zoning is not HOA.  Zoning is derived from the government's police powers... I like to present it as "pro-active policing" or "large-scale conflict avoidance."  Zoning must exist (in theory) to serve the public welfare by pro-actively avoiding negative land use situations (that health/safety/welfare thing you mentioned).  So your local zoning board can't expect to successfully enforce a law prohibiting big pick-ups solely on the basis of "ugly" - there has to be some clearly defined, obvious and immediate connection between the threat to public health and the presence of that big pick-up in that yard.  This doesn't stop municipalities from making stupid laws and spending tax dollars to enforce stupid laws, but they have to at least go through the motions of doing so at public hearings, publishing notice that the hearings are happening, publish budget figures that show how much the government is spending on enforcement of “big pick-ups are ugly” laws, and, ultimately, defend their jobs every four years when the villagers take up pitchforks and torches outside Town Hall in defense of their right to have big-ass pick-up trucks.

Zoning is great as a big-picture, broad-brushstroke type of land use regulation tool â€" if you've got a big-ass map and decide forty acres of this goes here and forty acres of that goes there… well, that's pretty easy to defend.  Things like access, utility availability, steep slopes, natural features, etc… make those decisions easy.  When you put the small stuff under a microscope (like, say, the negative impact of a 12” variation in rooflines) then it is pretty absurd â€" how can the government possibly expect to determine the real impact of that minor variation in standards?  When that happens, the outcome is always frustration for all parties involved.
Title: Re: how to handle zoning disagreements
Post by: ducatiz on February 12, 2010, 05:28:54 PM
The urban complement to an HOA is a Co-op.  I lived in a co-op for 20 years in NYC and it was obnoxious.  You have to give them all your financial records, some good references, and basically access to your private life before they approve you (and they HAVE to approve you or the sale is null and void).

Many co-ops in NYC have now banned smoking -- inside your own apartment.  And various other things, such as famous people (don't want 'em), single men (don't want them bringing floozies home all night) etc.

One single guy in my building got forced out after he got divorced and started dating a lot -- a LOT, he was rich and very good looking and was enjoying being single, so he'd bring home 2 girls some nights and screw the night away.

nope.
Title: Re: how to handle zoning disagreements
Post by: angler on February 13, 2010, 06:19:11 AM
Quote from: dropstharockalot on February 12, 2010, 04:24:54 PM
Ah, a common property ownership misconception...


No misconception here.  I've worked construction/development and had my real estate license in several states.

I know HOA does not equal zoning, however they often operate in a very similar petty and bureaucratic way.
Title: Re: how to handle zoning disagreements
Post by: cyrus buelton on February 13, 2010, 07:40:40 AM
If you have a zoning disagreement in my community, might as well just shoot yourself in the head.

These pricks in Dublin are unbelievable.

The zoning committee passed some "law" or whatever you would call it a few years ago about swing sets.

If you live on a corner lot of a nice area, on a busy road or just a desirable area, the city can demand that you remove said swing set because it is an "eye sore"


Try explaining that to your kid........it is such bullshit.

Oh yeah, also if you want a basketball hoop in your driveway, you have to apply for the installation first and then you can only install one that is from their pre-approved list.

Title: Re: how to handle zoning disagreements
Post by: redxblack on February 13, 2010, 08:02:45 AM
Zoning laws are pretty important. In the great Chicago fire of 1871, there were turpentine factories next to lumber yards next to match factories. There was no zoning whatsoever, which helped spread the fire. As a lumber yard went up in flames and blew burning timbers into a rail car full of kerosene next to a paint factory, the fire crossed the river and spread. Zoning was meant to prevent that sort of thing, not eyesore swing sets.
Title: Re: how to handle zoning disagreements
Post by: ducatiz on February 13, 2010, 09:19:01 AM
As with many things, zoning laws were invented by great minds but now tended by chimps
Title: Re: how to handle zoning disagreements
Post by: Holden on February 13, 2010, 10:06:49 AM
re: HOA BS

http://www.autoblog.com/2008/06/20/das-boot-one-mans-crusade-against-injustice/ (http://www.autoblog.com/2008/06/20/das-boot-one-mans-crusade-against-injustice/)

classic threadâ€"if you have a vwvortex account:
http://forums.vwvortex.com/zerothread?id=3880087 (http://forums.vwvortex.com/zerothread?id=3880087)

[evil]
Title: Re: how to handle zoning disagreements
Post by: angler on February 13, 2010, 10:16:29 AM
Quote from: ducatiz on February 13, 2010, 09:19:01 AM
As with many things, zoning laws were invented by great minds but now tended by chimps

Exactly!!!  I would venture that most modern zoning laws are also CREATED by chimps. 

Unfortunately some zoning laws have become downright absurd, way beyond safety or density issues, and more in line with protecting rich people's viewshed.
Title: Re: how to handle zoning disagreements
Post by: zarn02 on February 13, 2010, 03:19:18 PM
Quote from: redxblack on February 13, 2010, 08:02:45 AM
Zoning was meant to prevent that sort of thing, not eyesore swing sets.

All together now!

"The road to hell is paved with..."
Title: Re: how to handle zoning disagreements
Post by: lethe on February 13, 2010, 04:03:03 PM
Quote from: zarn02 on February 13, 2010, 03:19:18 PM
All together now!

"The road to hell is paved with..."
puppies and kittens.
Title: Re: how to handle zoning disagreements
Post by: lauramonster on February 14, 2010, 12:41:10 PM
hubby was contacted by a client to get an approval for a gas station. They asked for a variance, and the powers to be said no ( didn't think a gas station was pretty enough ).  Owner was pissed enough to research waht was allowed and needed no variance.  ADULT BOOKSTORE !

I think it's the way the townships turn us down.  They're not friendly, no compromise, no education.

We pay taxes, that makes us the client? right?

(Update: a gas station has since moved in next door.  After 5 years, the township asked them to change tenants, so the landlord tripled the rent in order to move.  Bookstore still there.  very profitable business.)
Title: Re: how to handle zoning disagreements
Post by: Popeye the Sailor on February 14, 2010, 03:39:30 PM
Quote from: lauramonster on February 14, 2010, 12:41:10 PM
hubby was contacted by a client to get an approval for a gas station. They asked for a variance, and the powers to be said no ( didn't think a gas station was pretty enough ).  Owner was pissed enough to research waht was allowed and needed no variance.  ADULT BOOKSTORE !

I think it's the way the townships turn us down.  They're not friendly, no compromise, no education.


It's like that time a girl turned me down for a date with no explanation so I shaved her prized poodle bald.
Title: Re: how to handle zoning disagreements
Post by: redxblack on February 14, 2010, 04:57:09 PM
Quote from: ducatiz on February 13, 2010, 09:19:01 AM
As with many things, zoning laws were invented by great minds but now tended by chimps

Probably everyone outside of zoning offices would agree with this.
Title: Re: how to handle zoning disagreements
Post by: dropstharockalot on February 19, 2010, 04:01:40 AM
Quote from: redxblack on February 14, 2010, 04:57:09 PM
Probably everyone outside of zoning offices would agree with this.
I work in one, and I agree with this.

Title: Re: how to handle zoning disagreements
Post by: Popeye the Sailor on February 19, 2010, 07:55:00 AM
Quote from: dropstharockalot on February 19, 2010, 04:01:40 AM
I work in one, and I agree with this.



You know you just called yourself a chimp, right?
Title: Re: how to handle zoning disagreements
Post by: dropstharockalot on February 23, 2010, 07:52:32 AM
Quote from: MrIncredible on February 19, 2010, 07:55:00 AM
You know you just called yourself a chimp, right?
Yup.  I'm eating a banana as I type this (possible, as I've held the 'naner with my prehensile tail and peeled it with my nimble simian toes).


And as much as I'd like to take credit for all of the truly stupid things that come out of my office, please bear in mind that I have a team working on everything that I do.  My actions typically take the form of advice to a publicly-elected or publicly-appointed board - and the main criteria for those is that you be 1) breathing and 2) have one more vote than the other guy (note: there are exceptions.  Tennessee elects dead guys and Florida and Ohio give seats to people that lose).  And no matter how hard I try to continue to re-enforce the stereotype of an idiotic, ignorant government drone, well-oiled machines like the Indy/Marion Co. BZA know their role and fucntion SO WELL that they keep me from crapping the bed on a regular basis. (http://hadenoughindy.blogspot.com/2009/12/boards-of-zoning-appeals-post-lousy.html)


Thank goodness for citizen oversight.