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Old 10-17-2019, 09:03 AM
 
319 posts, read 136,305 times
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Quote:
Originally Posted by BoBromhal View Post
a. you live in the city limits?
We do not



Quote:
Originally Posted by BoBromhal View Post
b. what happens if a crime happens nearby, and a deputy wants to come ask if you saw anything?
If they're nice about it, then they fall under this part of my comment: "Nobody gets on mine without my invitation or a warrant."
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Old 10-17-2019, 10:49 AM
 
Location: Raleigh NC
10,625 posts, read 7,763,837 times
Reputation: 9084
as we go off-topic ... the deputy isn't going to holler to you from the road "May I please be invited?" He's going to come knocking on your door.

Now, on-topic. So you are R-4, which is 38%, PLUS you most likely get 400 extra sqft. So, DID you get a boundary survey when you bought? If yes, you're at least halfway home. If no, then it's going to cost you.
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Old 10-17-2019, 12:54 PM
 
2 posts, read 1,412 times
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So I’ve worked in a planning department and I think there is a new state law that says if something has been visible in the right of way for more than seven years, you can no longer be fined for it. Check with the unc school of government to confirm. If so, you can Use street view or aerial view on google to confirm when it was added.
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Old 10-17-2019, 03:19 PM
 
Location: Raleigh - inside the beltline
109 posts, read 64,585 times
Reputation: 121
Quote:
Originally Posted by BoBromhal View Post
as we go off-topic ... the deputy isn't going to holler to you from the road "May I please be invited?" He's going to come knocking on your door.

Now, on-topic. So you are R-4, which is 38%, PLUS you most likely get 400 extra sqft. So, DID you get a boundary survey when you bought? If yes, you're at least halfway home. If no, then it's going to cost you.
Yes, we got a survey when we bought the place in 2017 (the survey is older), but the city is demanding a new survey. They will not accept the one that we got when we purchased. They are being difficult and unreasonable on multiple fronts. The funny (not so funny) thing is, EVERYBODY that I have spoken to has acknowledged how ridiculous all of this is, but they tell me, with a smile, that I need to jump through all the hoops anyway.
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Old 10-17-2019, 04:11 PM
 
Location: Raleigh
8,787 posts, read 6,577,104 times
Reputation: 12337
Quote:
Originally Posted by Backwoods Baptist View Post
Well, that's because we don't own our property. The government believes it owns all the land. Naturally they think they can tell you what to do on your own property.

My neighbors and I typically believe what the gubmint don't know won't hurt them.

Can you imagine some pencil neck regulator coming up to our forefathers property back in the 1800s and telling them their driveway is too big? Haha, they'd be tarred, feathered, and rode out of town on a rail for good reason.


Did the regulator have a warrant? Nobody gets on mine without my invitation or a warrant.
Well, no. See Commonwealth v. Alger. Or Aldred's Case (1611.) Or the fifth amendment of the constitution, which says that they can take your land for the public good.. You can't do things on your property that affect others negatively. That's a cited case that goes back over 400 years, where it was commented that if your neighbor upstream corrupts your water source, you have a case for action. And it's on point, because the law about the permeable surfaces is to prevent flooding.

And They don't need a warrant for what's in plain sight.

But don't let me disrupt your libertarian revisionist history.

Which isn't to say that the whole thing isn't BS, it is; it's gravel, not concrete, and the OP didn't put it there, and it wouldn't have been noticed (and may not have been a violation until) the state took the land for the road.
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Old 10-17-2019, 04:22 PM
 
Location: Raleigh
8,787 posts, read 6,577,104 times
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Quote:
Originally Posted by gemstone1 View Post
"This ins't our first experience with this crap".....not to rub salt in the wound....but after a previous $80K experience with non-permitted work...what happened to your due diligence ? Was the previous owner asked to disclose any non-permitted work ?

Like you, I learned the hard way, the new owner assumes the responsibility for all non-permitted work at closing....previous owner gets off scot-free, unless he/she was not truthful on any disclosure forms.

Good luck
Gemstone1
I know what you mean, but in fairness to him, it isn't exactly an addition, or screened in porch, or even a shed or garage. It's not something I (or many other laypeople or even Realtors I would guess) would know you need a permit for. Its rocks on the ground.

Quote:
Originally Posted by disneyprincess10 View Post
So I’ve worked in a planning department and I think there is a new state law that says if something has been visible in the right of way for more than seven years, you can no longer be fined for it. Check with the unc school of government to confirm. If so, you can Use street view or aerial view on google to confirm when it was added.
^^That might be the way to go. Look and see if it's in place prior to the impervious surface laws.
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Old 10-18-2019, 12:56 PM
 
Location: Raleigh - inside the beltline
109 posts, read 64,585 times
Reputation: 121
Quote:
Originally Posted by JONOV View Post
I know what you mean, but in fairness to him, it isn't exactly an addition, or screened in porch, or even a shed or garage. It's not something I (or many other laypeople or even Realtors I would guess) would know you need a permit for. Its rocks on the ground.
Right! Plus we did go through the due diligence process, and hired professionals, because I do not have the time or the brain capacity to know all of the rules and regulations that exist. This was not caught by the pros (nor were the issues with the property in PA years ago), and I never would have thought that f'ng gravel would have been a problem. Also, like I mentioned in another post, it isn't even compactable crush & run gravel. It's basically 1" pieces of granite.

I've been looking on the city's website, and apparently they consider dirt impervious, too. I'm not kidding. Open, unplanted ground is considered compacted, and therefore, impervious.



Quote:
Originally Posted by JONOV View Post
^^That might be the way to go. Look and see if it's in place prior to the impervious surface laws.
From what I can tell so far, the laws seem to be on the books going back to 2001, but it is very difficult for me to research this information. Parts of the city's website are broken, including the permit portal, so I cannot see if a permit was obtained to install the gravel in the first place! Oh, and the phone number provided by the city to ask questions about old permits goes directly to some guy's voicemail who either doesn't check it VM, or just ignores it.

By the way, Using Google Maps' historical images, I can see that the gravel was put down sometime between June 2014 and April 2015.
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Old 10-21-2019, 02:52 PM
 
Location: Raleigh NC
10,625 posts, read 7,763,837 times
Reputation: 9084
Quote:
Originally Posted by carlito2002wgn View Post
Yes, we got a survey when we bought the place in 2017 (the survey is older), but the city is demanding a new survey. They will not accept the one that we got when we purchased. They are being difficult and unreasonable on multiple fronts. The funny (not so funny) thing is, EVERYBODY that I have spoken to has acknowledged how ridiculous all of this is, but they tell me, with a smile, that I need to jump through all the hoops anyway.
you were given a copy of a survey predating 2017, or when you bought you paid for a new one? Sounds like the former.

I agree that it sucks they're doing it, but they're also requiring every single new construction to go through the same hoops and costs.

I guess we still don't know if this driveway work was done before the rules changed or after ...

https://www.wral.com/-it-was-a-night...rule/14753042/

they certainly didn't have the regs in place before ~2016, or at least, definitely not the enforcement!
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Old 10-21-2019, 06:04 PM
 
Location: Raleigh - inside the beltline
109 posts, read 64,585 times
Reputation: 121
Quote:
Originally Posted by BoBromhal View Post
you were given a copy of a survey predating 2017, or when you bought you paid for a new one? Sounds like the former.
Yes, the former. I relied on the professionals to guide me to do things the way they should be done. Do you think a survey would have identified the violation? I don't think so. I think they would have surveyed my property and the result would have been identical to the survey that I did get when I purchased. The survey that I got (and 5 others that I have from other properties) do not detail the parking areas (exception would be a commercial property, but I'd expect that to be different).
Quote:
I agree that it sucks they're doing it, but they're also requiring every single new construction to go through the same hoops and costs.
You're right, it does suck. If I were building a new house, it would be a lot easier to deal with, but with this older, existing house, things are different.
Quote:
I guess we still don't know if this driveway work was done before the rules changed or after ...

https://www.wral.com/-it-was-a-night...rule/14753042/

they certainly didn't have the regs in place before ~2016, or at least, definitely not the enforcement!

Where are you getting 2016 from? I read that article, and I see 2001.
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Old 10-22-2019, 07:56 AM
 
Location: Raleigh
8,787 posts, read 6,577,104 times
Reputation: 12337
Quote:
Originally Posted by carlito2002wgn View Post
Where are you getting 2016 from? I read that article, and I see 2001.
In 2001 the State Legislature enacted legislation that allowed the city or county to enact these laws if they wished. So, at some point after 2001 the city made these rules.
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