Off topic, but I am trying not to get worked up

Landline IF the shedroof shelter was to be built would be 6 feet away. The land line is to a pvt owned property, and that line runs along a 15 foot wide wooded bank that drops down to a large wooded drainage. Beyond that is wetland for 200 yards then to an abandoned gravel pit. Essentially non-buildable site for the other landowner.

Town: will not grant a variance; structure must be 15 feet away.

The top guru of the zoning board is a guy that is stubborn and sees things in only black and white. No grey area. A reputable guy in town confided in me and said the guy is clamping down because he is jealous for irrelevant reasons. The guy is a nuisance more than a help and he stops by the place over past two years checking us out for more irrelevant reasons. It's an odd situation.

He told me that he will not grant a variance because we have other land to build a tractor shed. He told my building inspector, that I can build a tractor shed on the front of the building or in the front yard. But we have worked hard clearing the land to open up a vista and views to the river, mountains, road and horses across the road. A tractor shed, put in the front would detract from the future shop as a traditional building for business etc, and be right in the middle of the views. He doesn't understand what we're trying to do.

I'm battling the war in my head about really telling the guy what I think, or being diplomatic and trying to get my view across more appropriately. Should I ask the entire zoning board for a site visit? write a letter to the Town telling them our plans so they see the big picture? Or, just let it go...and take the approach of "you can't beat/fight city hall?" Or, what other advice do some of you have? I would appreciate the wisdom of those who have dealt with these matters succesfully.

thanks. -9N'er

Zeke

I agree with your last sentence. I raised the same question. It doesn't make sense to me too. SOme of my neighbor friends around here have offered to help me build the lean-to right in front, in the open, and have suggested nailing some old toilet seats and placing old pieces of junked tractor parts around it too. One guy said he would bring hos dozer down and push it around some to give it the used and abused look too.

My cooler head is prevailing however, and the advice this forum has provided certainly will be considered. thanks. 9N'er

Broad Picture. Remember that the board has to apply the zoning ordinance fairly to all members of your community. If granting you a variance will set a precident that will come back and bite them on the backside later, you will have trouble getting them to make an exception for you. Also, a variance is usually granted for a hardship and a hardship by definition cannot be one that is created by the property owner (ie. placing a building where you want it as opposed to moving it slightly to meet the setbacks required by the ordinance). Try to show that you cannot meet the setbacks due to a situation beyond your control such as it would encroach upon your septic drainfield or the shape/geography of the lot makes it impossible or economically infeasible.

If you do your homework, you have a good shot at convincing the majority of the board. However, if they vote against you, you can always appeal their decision to a higher body. You probably could use an attorney at this stage.

Good luck.

Would your neighbor be willing to carve out a small section so you would meet the code. If it is not really usable to him/her maybe they would be willing to carve off a small chunk.. of course there may be complications and expenses that are prohibitive.

or

We have a code here that allows us to build a roof structure with open sides without permits. For implement storage, car storage and such...build it very close to your shop but dont attach it... till a few years down the road.

good luck

Bill

PS nice write up on the steering wheels!

I know lawyers are not popular on this board, but there are some good ol' boys who have the misfortune to also be lawyers. If you can find one in your county who has fought this kind of fight before, it may cost some up front money, but save you makeing a big mistake and wasting a lot of time. Ask around, even down at city hall, which lawyers do this kind of work and which one does it best.

Good Luck,

John