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Don't count on a real estate broker knowing zoning. Most of the ones I know don't, and many times can't tell you whether the house is in an incorporated area or whether it has sewer or septic.
Good point, and this is why I'm meeting with the zoning guy tomorrow. I am going to make them set back any additions as far as I possibly can from my property. At the same time, don't want to make enemies out of long term neighbors. Still, I will look out for my property first. So they lose a foot or three? I'd prefer three or more.
So leave your neighbor alone instead of looking for a rule that may not exist to force on him.
I was thinking the same thing, the OP does not like rules but yet looking for one to keep her neighbor from doing what he wants to do on his property.
Funny how people want things both ways.
I was thinking the same thing, the OP does not like rules but yet looking for one to keep her neighbor from doing what he wants to do on his property.
Funny how people want things both ways.
People always whine about HOAs. Until they need the protection from crazy neighbors who like to collect unusable cars in their front yard that the HOA provides...
You bought the house for the freedom from rules and restrictions and want to be able to do on your land, what you want to do as long as it meets code. So did your neighbor. See the problem here?
I am steaming upset. I live in a neighborhood with some good distance between houses. Well, these new people bought the house next door and are adding a third garage on which will bring them that much closer to my house. Then they are building an 80 foot long, 14 ft high addition 7 feet from our common wall in the back yard. Then they have a palm tree (which they do not plan to take out) that is pushing the cement blocks out into my yard. Grrrr.....
Anyone ever dealt with this? I have a meeting with the city tomorrow to go over the plans, but I don't think there is a thing I can do about it. Also, I think it's going to ruin my curb appeal and possibly lower the value of my house. Thoughts?
As long as they're doing everything by the book, and not violating any codes, then you just have to live with it. That's part of the downside of living with neighbors, and frankly if it were property improvements you wanted to make that your neighbors didn't like, can you honestly say you'd change all your plans that you'd already invested a lot of money into just because your neighbor didn't like that you'd be "closer" to his house?
People always whine about HOAs. Until they need the protection from crazy neighbors who like to collect unusable cars in their front yard that the HOA provides...
You bought the house for the freedom from rules and restrictions and want to be able to do on your land, what you want to do as long as it meets code. So did your neighbor. See the problem here?
Actually, it sounds like the OP is looking to see if the neighbor's plans, do, indeed, meet code. It also sounds like the OP, when she wanted to do something to her house, consulted with her neighbors before making a decision (and decided not to do it). Isn't that how it really should work? And isn't that much better than handing over control of all decisions regarding your own property to an HOA ahead of time?
The OP made the conscious decision, as do many other people, that freedom was more important to her than living in a neighborhood where everything would be dictated to be pretty much just alike and her neighbors could turn her in for expressing anything different and where, as payment, she would never have to worry about looking at something that was outside her comfort zone. Instead, she's taken on the challenge of living in a neighborhood where these things have to be negotiated. Seems pretty gutsy, to me. Part of that is directly dealing with things that you don't like and figuring out ways to make it work for everyone
And isn't that much better than handing over control of all decisions regarding your own property to an HOA ahead of time?
...Part of that is directly dealing with things that you don't like and figuring out ways to make it work for everyone
Quote:
Originally Posted by MistyGrl092
Still, if push comes to shove, I'll fight anything I can or need to in order to protect my space and property.
I live in a neighborhood with an HOA. I can assure you, the houses don't look pretty much alike, because I picked one that doesn't have highly restrictive covenants. What you need are what I call "nuclear covenants"-not the kind where not cutting your grass every week or forgetting your trash can gets you ticketed, but that do allow a veto if somebody wants to build something that really, really obviously hurts property values-as determined by an unbiased group, not people in the middle of the dispute.
Trust me, they exist. You just have to get past the mindset that HOA = automatically bad.
And per the quote, it certainly doesn't sound like the OP is going to "work for everyone" if they don't get their desired outcome-and the desired outcome may not be what the neighbor building his dream addition desires.
Oh, I know that HOA doesn't automatically mean bad. I know of some very strict ones and some that are pretty lacksadaisical, and I even know of one that was formed for a specific purpose - getting city water to a particular street - and then disbanded for all purposes except having occasional neighborhood get-togethers. (Property values on that particular street are quite high for the area, which is not a cheap area, by the way - they're the one street that does NOT have an HOA in the area.)
The trick is finding them, and then staying vigilant for the rest of the time that you live there, because the very construction of an HOA leaves it open to becoming one of the bad ones over time. Right here on C-D, for example, someone told of buying into a neighborhood with a 50-year-old HOA that had been wonderful (he had a friend who'd lived there for a long time), and just a couple of years after he moved in, the long-term original owners started dying and moving away and the new folks who moved in took control and turned it into a fiefdom.
So I make sure that any of my clients buying into an HOA neighborhood have the CCR's BEFORE they make an offer, if at all possible, or immediately thereafter, if not, and know that they'll have to keep an eye on things, that they can't just buy their house and relax but will have to be active.
So, not so much easier, after all, than buying in a non-HOA neighborhood, it's just the threats that you have to be vigilant against are different - in one case, you're having to deal with people who might want to paint their house a color you don't personally care for or build an addition that blocks your view, in the other, you're having to deal with people who might want to make all your decisions about your property for you and require you to pay them for the privilege. The risk are pretty much equal in likelihood, near as I can tell. You just have to decide which risk you're more comfortable living with.
Thanks, brien51. I just got home and met the owner. Seems like a real nice guy. There won't be an issue with taking out the palm that is pushing the wall (although we didn't discuss who will be paying to repair the wall) and the garage will sort of be behind the current garage. He is aware he can't go over too far but I am still meeting with the city zoning guy tomorrow. The owner offered to show me the plans but I said thanks but no thanks not right now. I have learned that neighbors can start off great and end up a nightmare. It happened to me in another state so this time I am going to make sure I do all I can to prevent another nightmare. He did apologize for any mess or noise during the construction and gave me both his phone number and email address if there is an issue.
I am going to ask all the questions of the zoning officer tomorrow and try to work this out in a conciliatory way. The owner says he plans to be there for 15 years and I've been here 7, so best to try to work together I guess. Still, if push comes to shove, I'll fight anything I can or need to in order to protect my space and property.
I really appreciate your post.
However, if the city truly will let someone build 7 feet away from a common fence I don't know what I can do about it.
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ANy changes he make to the property that affect your property adversely should be paid for by him.
Please keep in mind if a variance is issued in this case it is issued for the land and not the land owner. The variance is permanent and will transfer with any and all future sales of your neighbor's property since it is recorded on the deed for that particular piece of property.
Also there is never a precedent in these cases. Each case is always judged upon its own merit. By definition, a variance can't have a precedent since it is a request to break away from the normal zoning regs which are precedent so you can't have a precedent for a precedent. I hope this makes sense. Just keep in mind each application is judged upon its own merit and precedent has nothing to do with a variance.
You should also get a copy of the Zoning Regs for your city/town. Follow the application if you neighbor has to apply for a variance and make sure you let your feelings be known in writing to the board. Knowing the regs will help you understand what is happening when you attend the meeting. Also, make sure if you are going to make a public statement, you must do it during the public hearing part of the meeting. After that, the public comments are closed, the meeting is closed to any more comments from the public. The Chair of the meeting will ask for public comments and that is the time to review the letter you have already sent them and make sure you add any other relevant information the board may require to make an informed decision.
Some areas of concern but not limited to:
Any changes that will affect the topography of your land.
Rain run off.
Erosion.
Wetland creation.
Blockage of any view for safety concerns.
Any access that would endanger fire or emergency vehicle access.
Best of luck and let us know how you make out with your Zoning Enforcement Officer.
Instead, she's taken on the challenge of living in a neighborhood where these things have to be negotiated. Seems pretty gutsy, to me. Part of that is directly dealing with things that you don't like and figuring out ways to make it work for everyone
I guess I have a diferent take. I do not see any negotiating. It either is allowed by zoning regulations or not allowed. As far as code you build however close you would like to a property line but it would have to be fire-rated construction.
In my beighborhood we've had a couple of atrocious and oversized additions and a couple of people who brought privacy fences to the front easement since I moved. I can honestly say I might have moved to another neighborhood (my final picks were a house in my neighborhood and one in an adjacent neighborhood) had I seen this coming. No one ever makes their house visually less attractive or cluttered on purpose. But many people will if allowed.
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