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Neighbors dont like my barn project - threaten zoning appeal

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Chad G

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I recently purchased a new home on a lake.

this week i began and completed excavation for a 30x40x14 pole barn. I have a neighbor who lost his mind on my contractor and threatened legal action. so i called the township and confirmed that im ok to build and informed them of my neighbor.

i have acquired both zoning and building permits for the project.

today, the zoning guy came out to try and mediate the situation. my neighbor claims water will run onto his property, but its evident he simply does not like my choice of location for the barn. the barn blocks my view of 2 neighbors properties, and will give me more privacy.

i explained to the zoning guy that gutters and a french drain are in the plans and he was ok with that. he told me all i need to do is make sure no water comes onto his property (which will be easy since there are 2 other properties closer to the barn)

but the neighbor is planning on pursuing a zoning appeal anyway.

do i need to get a lawyer? what can i do to protect myself here? poles get set tomorrow and no one has told me to halt construction.
 
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Chuckster in NJ

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Sit TIGHT!....... This nonsense happens every day.
1) You received zoning approval.
2) You received your permit.
3) You are good to go and don’t look back...... Ignore the neighbor and tell him to "talk to the town!" if he decides to confront you.

Municipalities have unlimited funds to fight these NIMBYs and most of the time these Malcontents (Who hate everything) will go away once the realize "you can’t fight city hall"........ NO need to retain an attorney at this point because you did nothing wrong.
 
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ducksface

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You said what the barn blocks YOUR view of.
What does it block for OTHERS view?
New to you home or newly built home?
Is there a property owners association or a covenant you missed?

If there wasn't a question, the zoning guy wouldn't be trying to mitigate.
On you tube look up:
Tear down a new house.
https://www.google.com/url?sa=t&sou...BMAB6BAgGEAE&usg=AOvVaw0-eSjCCzLK_vmJ6px-eXlw

There're lots of things municipalities have messed up.
The post directly above mine is wrong.
Many new houses have been torn down because the city got it wrong.
What the post above me is right about is
You'll never afford to fight city hall if this is the municipalities mistake and your neighbor is right.

Have you spoken with the neighbor alone? Are you relying on a relay from what might be a ****-for-brains contractor who didn't understand what the neighbor really said?
Is water really the problem or have you left something out of your post?

Chances are, if you've told us everything, you'll be OK.
Chances are if the neighbor fights it and treats the fight like a new hobby, you'll be held up through winter or longer.

Far far too many blanks in your post to give you an answer.
Pay an attorney 500 bucks and get factual rules and rights and regs.
 
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Wes Tex

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362
Two of the six neighbors on my block were not pleased I was building a 30x40 pole barn/garage on my property. I got all of the required permits and passed all the inspections as required by the city. No one ever confronted me during construction, but i know the neighbors called the city about it. I doubled checked with the city during construction and was told everything was legal. (No HOA) One neighbor does not speak to me 15 years later. I would not worry about your building if the city signs off on it.
 
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Chad G

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ducksface said:
You said what the barn blocks YOUR view of.
What does it block for OTHERS view?
New to you home or newly built home?
Is there a property owners association or a covenant you missed?

If there wasn't a question, the zoning guy wouldn't be trying to mitigate.
On you tube look up:
Tear down a new house.
https://www.google.com/url?sa=t&sou...BMAB6BAgGEAE&usg=AOvVaw0-eSjCCzLK_vmJ6px-eXlw

There're lots of things municipalities have messed up.
The post directly above mine is wrong.
Many new houses have been torn down because the city got it wrong.
What the post above me is right about is
You'll never afford to fight city hall if this is the municipalities mistake and your neighbor is right.

Have you spoken with the neighbor alone? Are you relying on a relay from what might be a ****-for-brains contractor who didn't understand what the neighbor really said?
Is water really the problem or have you left something out of your post?

Chances are, if you've told us everything, you'll be OK.
Chances are if the neighbor fights it and treats the fight like a new hobby, you'll be held up through winter or longer.

Far far too many blanks in your post to give you an answer.
Pay an attorney 500 bucks and get factual rules and rights and regs.
Click to expand...

The barn only blocks the neighbors view of MY property. I have all required permits, this was confirmed by both the county and the township.

I have spoken to him alone. He refused any and everything I have planned for water runoff control.

The home was built in 1968.

This whole thing started in July. The day I actually met this neighbor. I told him of the plans for the barn and back in July he INSISTED that I could not construct an out building because HE had been denied. But I own 5x as much land as him and I have been granted all necciary permits.

He is still planning on filing an appeal. The barn will likely be complete by the time the appeal is filed and the hearing is held. I just was wondering if he petitions and such, could the township make me tear it down even though they previously approved it? Here’s a photo of the current state:
 

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ducksface

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Ask an attorney.
You're going to get 1,000 different answers here and they really don't pertain in any way, ever.
Of course they can make you tear it down.
Of course the can't make you tear it down.

You'll read both on gj.

Your picture does not address what property is behind your barn that might have a blocked view.
Possibly not pertinent, possibly a permit killer.
You took a picture forward.
You didn't take a picture of what it does block.
 
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SALIV8

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I had a neighbor who bitched albeit nicely, that my pole barn was gonna block their view.

What do I care about my neighbors view? Lol. I just said sorry to her as I am buddies with her ex husband.

If you got your permit you have the green light and they cant do **** about it.
 
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Chad G

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ducksface said:
Ask an attorney.
You're going to get 1,000 different answers here and they really don't pertain in any way, ever.
Of course they can make you tear it down.
Of course the can't make you tear it down.

You'll read both on gj.

Your picture does not address what property is behind your barn that might have a blocked view.
Possibly not pertinent, possibly a permit killer.
You took a picture forward.
You didn't take a picture of what it does block.
Click to expand...

Thank you for your input.

The barn does not block ANY view. It only blocks views onto my lot.
 
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Oggy

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Disclaimer: I am not an attorney, nor do I pay one on TV.

I am, however, on my village planning board (Upstate NY). Any time something comes before us, we pull out the law pertaining to that project, and go line by line.

If you meet the letter, and intent of the law, you are all set, he has no ground to stand on. If not, fix it before you continue.

Good luck, we all have neighbors we are fond of...

Sent from my SM-A716U using The Garage Journal mobile app
 
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Lucid Moments

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I would definitely talk to an attorney. Zoning laws get very specific to your area, county, township, city, state, whatever. Nobody on here is going to know much about your zoning laws or situation. My personal inclination would be to find the best real estate lawyer in your area and talk to him. Most attorney's will do an initial consultation for free. Maybe even pay him some sort of retainer, or get him to write a letter on your behalf or something of the sort. That way your neighbor can't hire him if he is really good.

From what you have said on this post it sounds like you just have one of those neighbors that the only way to make him happy is to do everything he says. Obviously that isn't going to happen so best to get some truly expert advice.
 
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yeldogt

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When there is a dispute --- the town will have to verify that all the dots are in place and the "t's" crossed.


Sometimes things are approved that are not correct ... In my town you can not transfer water .... even with a permit. That's not going to stop a building unless storm water management is not possible
 
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nadogail

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Without a location of your project, there is no way for me to offer an opinion on the problem you allude to.
 
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pepi

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Ignore the get a lawyer, most likely a lawyer posted that. The other clueless question does to block some view, that is covered in title 1 of the building code: TUFF ****

You went to the source, YOU have the building permits for crying out loud.

Who knows he may hire a lawyer. Guess what there is no law that requires a response. To some letter some clown sends, with the words Attorney, law firm or lawyer on the envelope. Do not respond, do not play the game. Answer no questions, point to the permit and keep digging.

He wants to fight think he will need to take it to the one that issued the permit.

Pretty funny, he could get so mad maybe sell and move. As a good neighbor, ask if you can help him pack.

You now have more proof that not having an HOA is a huge plus

Good luck with the build, and enjoy the fruits of your labor.
 
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Chuckster in NJ

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Lucid Moments said:
I would definitely talk to an attorney. Zoning laws get very specific to your area, county, township, city, state, whatever. Nobody on here is going to know much about your zoning laws or situation. My personal inclination would be to find the best real estate lawyer in your area and talk to him. Most attorney's will do an initial consultation for free. Maybe even pay him some sort of retainer, or get him to write a letter on your behalf or something of the sort. That way your neighbor can't hire him if he is really good.

From what you have said on this post it sounds like you just have one of those neighbors that the only way to make him happy is to do everything he says. Obviously that isn't going to happen so best to get some truly expert advice.
Click to expand...

Attorneys make their living by going to court and writing letters...... $$$$$$ :pimpflash
You did everything correct so let the neighbor and the municipality fight this out because this is why you pay taxes.
If you have a boat load of money go talk to an attorney otherwise sit tight and keep moving!

BTW! "IF" the town stops you from building THEN go an attorney because YOU DO HAVE A LAW SUIT....... AND the town knows it! :cool:
 
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Don1357

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His fight is between him and the city. If I were you I would just keep on trucking with your build. Chances are the second he started bitching the permitting office took another hard long look at your project to make sure they were right about it. If there was a problem, they would have said as much already.

Heck the whole bitching about water running into his precious land would suggest that he has nothing tangible to go on, specially if what you say is true that all it is obstructing is the view of your own land.
 
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Ralf11

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Lucid Moments said:
I would definitely talk to an attorney. Zoning laws get very specific to your area, county, township, city, state, whatever. Nobody on here is going to know much about your zoning laws or situation. My personal inclination would be to find the best real estate lawyer in your area and talk to him. Most attorney's will do an initial consultation for free. Maybe even pay him some sort of retainer, or get him to write a letter on your behalf or something of the sort. That way your neighbor can't hire him if he is really good.

From what you have said on this post it sounds like you just have one of those neighbors that the only way to make him happy is to do everything he says. Obviously that isn't going to happen so best to get some truly expert advice.
Click to expand...

Good advice. You might figure out which lawyers are experienced in this area, but don't start their clock running yet - it's expensive - unless you really do want to knock out the neighbor from using him and are willing to pay for it.
 
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egdede

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pepi said:
...You now have more proof that not having an HOA is a huge plus...
Click to expand...

nice try, nothing here proves the lack of HOA is a huge plus. An HOA might well support the OP if the permit was issued appropriately...

Agree though that he should not respond to any letters from any lawyers.
 
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Ralf11

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just because you win, doesn't mean you'll avoid a big wallet hit



what was that Dickens novel where the lawyer ate up the entire fortune?
 
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tarmy

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I did land use entitlements for a living...

One of the things I learned...and did for clients is to aggressively DEFEND your position (land really...and the actual entitlement). Make sure that all your paperwork is in order, check the public files as well. Government employees really have no skin in the game...and some don’t care if you get screwed. Make sure everything is there and that all the proper docs are there too. If the ahole sues...his attorney will go through it looking for anything to throw it out.

The other entity, if it applies, is the lender. They too can help defend the asset to protect their (and your) position. Building Permits are a valuable tool in court as well. Court, typically, defer to jurisdictional judgement of issuance and often side with the city/you.

Good luck OP...ahole going to ahole. This guy sounds like a ***** in search of a victim.
 
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Don1357

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bbbarracuda said:
Just because you are right, doesn't mean you will win.
Click to expand...

Win what? Right now the issue is between the neighbor and the city. Have you ever tried to have a permitting department admit they were wrong after they issue a fatwa on the matter? Well that's what his neighbor is attempting to do, with even less of a chance. Trying to argue with them when you are right is of little use and the neighbor doesn't even seem to be right about it.
 
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Chad G

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Thank you everyone! I really appreciate the opinion!

The zoning official came this evening and reviewed the project and did not revoke any permits or plans. Tomorrow the poles will be set! The building will be completed before the neighbor will be able to schedule a zoning appeal. I estimate it will be completed by the end of the month.

If it gets to the appeal I will obviously be there in person. My neighbors property has suffered water damage due to poorly a poorly engineered private road. This is not mine nor the townships responsibility. I brought this up and showed the zoning ordinance official tonight.

I plan to gather video evidence to prove this. And I will install gutters on my building to divert rainwater back onto my property. I hope this will suffice.

I will consider hiring a lawyer when the appeal process begins.
I’m open to other options in the meantime, such as:

If the building is completed after being 100% approved and it is somehow appealed successfully, I can claim hardship. Which will result (if won) in me being paid to have the building comply or removed.

Again, thank you! Please continue to discuss!
 

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Chad G

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After a long 15 minutes of bitching from my neighbor. The zoning officials final words tonight were “I cannot require chad to perform extra exercises than any other township citizen simply on your concerns of a potential water runoff problem”

He also noted that it’s my responsibility to control this runoff. And I’ve already had my excavation contractor to re-grade the entire lot to divert water away from his side of the building.

I think I’m good. But he still is planning to appeal, simply because he is a ****.
 
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PugetDude

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Your neighbor is clearly concerned about moisture on his side of the barn; proper ventilation will reduce the likelihood of condensation.
 

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Don1357

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Chad G said:
After a long 15 minutes of bitching from my neighbor. The zoning officials final words tonight were “I cannot require chad to perform extra exercises than any other township citizen simply on your concerns of a potential water runoff problem”

He also noted that it’s my responsibility to control this runoff. And I’ve already had my excavation contractor to re-grade the entire lot to divert water away from his side of the building.

I think I’m good. But he still is planning to appeal, simply because he is a ****.
Click to expand...

The good news is that you'll have the building obstructing your view of his lot, so you won't have to put up with seeing his hissy fits.
 
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Antoin

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Some people just have too much time on their hands or else they are just not all there in the head.

I live in a quiet coastal town, a lot of OAPs settle here and with all their free time all a lot of them do is write letters objecting to planning permission. They need some ****** hobbies!

Unless something is really off with what someone is planning for an adjacent building site then I just dont have time to worry about what next door is building.

Quick way to an early grave acting like that all the time.
 
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joey1320

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You crossed your T's and dotted your I's, now let the neighbor fight it with the city.

Install the absolute best gutters you can so water runoff is not and issue and enjoy the new building.
 
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acer66

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A bit off but related, friend build a a second level on an existing garage approved permitted and did everything by the book.
Roof and walls were closed after framing was signed off.
They started roughing in electric and plumbing when an inspector questioned the foundation of the existing garage and it was deemed not sufficient enough.
Everything came to a screeching hold and nothing is happening for over a year because they can not find an structural engineer willing to touch this.

Not saying something like this will happen in your case its just that I would be still cautious especially having a neighbor that might try to pull a fast one on you.
 
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Moss

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If every person who's neighbour "didn't like" a project they had going on their property went to a lawyer that would be a hay day for lawyers that's for sure.

If he had something to actually use that could potentially be a problem for you in the appeal process I would consider getting counsel. Sounds to me like he's just jealous he was denied and throwing around the water problem more or less to upset you.
 
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