- Location
- Stinkwater
Well if it comes to it and you wanna take it down and then put it back up a week later or whatever, I'm in. F The Man.
Variance's to Zoning Ordinances
- Thread starter Stephen
- Start date
I'm in as well. As long as there is a healthy supply of ice cold Dr. Pepper.
So dumb. Especially because they only care because you tried to do something the right way.
There has to be a law or case study somewhere to show that being singled out is not legal. If the other neighbors are not required to remove theirs, but you are, that is unequal application of the law.
But, like others have said, I'd pull it down, then stick it back up later
There has to be a law or case study somewhere to show that being singled out is not legal. If the other neighbors are not required to remove theirs, but you are, that is unequal application of the law.
But, like others have said, I'd pull it down, then stick it back up later
- Location
- Never Far From Nowhere
One of my best friends is a contract lawyer and I'm having him review the ordinance and variance application for me in case he can spot some sort of legalese loophole. I've also tapped my architect brother-in-law who deals with getting variances on his projects looking at it as well. I doubt there is a way around this, but it's worth looking.
If you look at the variance application it clearly states that a hardship:
"comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood."
So even if every single neighbor around me had the exact same carport structure, I'd still have to prove a hardship on my property. They wrote the ordinance to be a nearly impossible hurdle to clear.
As for the unequal application of the law, totally agree. But the only way you'd be able to get relief from that would be to sue the city. And I don't have the time or the money to do that for something like this. If it were for an addition to the house or something more substantial, sure. But for this, no.
I'm leaning towards the remove, get them to sign off that the violation is cleared, and then reinstall. I'd like to know if they follow up after the fact though, because I'm sure that they assume people try that all the time. Not sure how I'd find that out without tipping my hat.
Houndoc
Registered User
- Location
- Grantsville
I honestly can't think of any that were granted. Main reasoning general came down to impact on neighboring properties (minimal I agree in your situation.) Utility easements can also complicate things.
One of biggest hurdles I think you will face will be cities are understandably hesitant to do variances since once you set a precedent with one home owner others can use that to try and legally force you to allow them the same.
"The wind blew it back up there, crazy right?"
- Location
- Stinkwater
"Look, I modified it and it's a temporary structure now. I thought that was ok?"
- Location
- Never Far From Nowhere
Pike2350
Registered User
- Location
- Salt Lake City
I had my city(not WVC) stop and give me crap about det backs when I was in the process of building my shed. I didn't even think to ask because there are a ton of houses in the neighborhood with a similar shed in the exact same location.
They told me I had to the it down. I waited a month or so then resumed construction. Haven't heard anything from them since. I was nervous getting the permit for the garage because we only have a building dept.. of around 6 so I thought they'd remember but they never said anything. It's now been 4 years.
So I don't think they come back
They told me I had to the it down. I waited a month or so then resumed construction. Haven't heard anything from them since. I was nervous getting the permit for the garage because we only have a building dept.. of around 6 so I thought they'd remember but they never said anything. It's now been 4 years.
So I don't think they come back
Attachments
Corban_White
Well-Known Member
- Location
- Payson, AZ
I'm all about civil disobedience. Don't apply for anything from the city/county, don't do anything to get on their radar. I've seen people apply to install solar down here and the county admitted that they sent people out to specifically look for non conformities on the whole property. They found stuff that had been there for lots of years and required it to be fixed. The .gov is out of control, even in the small rural areas. That doesn't really help you now, but in the future...
- Location
- Stinkwater
What if you don't run the businesses out of your house? What does it cost to set them up out of some shell building in another state? Is that a thing, and would it get you around having to have a license or whatever from WVC?
- Location
- Never Far From Nowhere
Oh, I've already "relocated" the businesses to a PO Box. WVC can forget getting business license fees and taxes from me in the future. But its too late this time around. I've got to resolve the code violation or face "enforcement".
ID Bronco
Registered User
- Location
- Idaho Falls, ID
This is how I think it would play out if you changed the business address anyway.
Corban_White
Well-Known Member
- Location
- Payson, AZ
Is this really what they will do? I know they will levy a fine (if they don't forget about it) but how far will they take it? If there are no annoying neighbors hassling them will they really risk the media circus they would get by involving the cops? I would be inclined to begin ignoring them starting today. Ignore any fines (if it comes to that) and ignore the threats. Make them take action (I doubt they will if no one is pushing the issue). If the cops get involved make sure the media knows you are being arrested for not removing a little open air carport that has been there for x number of years, long before you owned the house. Civil disobedience is the only way short of a complete revolution that stupid, unfair, BS laws have ever gotten changed. The .gov only has the power that we give them.
But then, I am the belligerent risk taker type.
Also, all this goes out the window if there is a neighbor that is complaining.
- Location
- Stinkwater
I don't think they'll send a wrecking crew out, it's not a safety hazard and nobody is complaining. But I could totally see them levying fines and late fees and eventually putting a lein on his house until he pays up.
But how much is the fine? I wonder what happens if he ignores them until they fine him (if they do), then pays it. Are they still gonna drive by and check on it, or are they gonna take their money and f*** off?
But how much is the fine? I wonder what happens if he ignores them until they fine him (if they do), then pays it. Are they still gonna drive by and check on it, or are they gonna take their money and f*** off?
- Location
- Never Far From Nowhere
Neighbor is 100% fine with the carport. I doubt that they would every actually bring the cops and a wrecking crew. I think that they'd likely just keep fining me.
Not sure what the fine is at this point. Besides getting the variance application information from the inspector, I haven't had any contact with them since Monday. I have until June 14th to remove it or face "enforcement", so I assume thats when I'd receive a citation and/or fine.
- Location
- Never Far From Nowhere
I'll start a Go Fund Me so that all you you voting for this can also contribute to paying the compounding fines.
