So my permit application was denied...

[onthefence777]

I consulted the planning and permitting department about installing a 2 post surface mounted lift in my backyard. Guy told me, sure no problem we've done this several times, just draw me up a sketch of the location, where the house is, electrical plan, and give me the manufacturer specs.

So I did.

Got a letter, stating your permit has been denied. This is not an approved "accessory use" of a residential zone.

Funny thing is, if I would have just gone ahead and done it it would have been fine.

Makes me wonder if swapping a transmission in your driveway with the car on jack stands isn't an approved use of your home either. If it is, then I see their decision to deny my permit as a form of disability discrimination because I have a bad back and cannot work on a car on jack stands as my neighbors can.

I find it particularly ironic that directly across the street is commercial industrial zoning, so its not like my lift in my back yard would destroy the sanctity of the neighborhood.

I can't ask for a variance, as they charge $3,500 which is out of my price range to consider one, and that is non-refundable if refused. I've been saving for about 10 months to have enough to afford just the concrete. I think I may use that money now to build a 12 foot fence around my backyard.

So much for life, liberty and the pursuit of happiness.

Just had to vent a little.

 

[sublimate]

Can you make an enclosed garage and put the lift inside?

 

[onthefence777]

No because my property is a victim of aerial trespass by my neighbors power lines.

 

[chopper1]

Why not get a permit for just a cement slab then get a four post lift, like a Backyard Buddy, which isn't a permanent 'structure'.

 

[don long]

That is really too bad
I have found over the years that it is much easier to beg for forgiveness than to ask for permission
I like the slab and portable two post lift idea
good luck
Don

 

[Ironhorse]

If you look around I know there are 4 post lifts that you can just roll out and use...they make them up to 70K lifting lbs...it looks like one of the posts from a 4 post lift on a pallet jack ( so you would have 4 of them to store but it lifts the same height as a 4 post with out the crossbars in series, and used they run about the same as a used 4 post lift. I bought a set of 50K ones for 1500 about 6 months ago..but way to big for anything I do so I sold them...just a thought.

 

[rkevins]

makes me thankful I live in a area where we don't have to put up with that sort of ****, when we were farmeing we were protected even from noise/smell we made because we were here before our neighbors.

 

[green.bubbly]

Sorry to hear the bad news.

On a side note, the mayor of a nearby city has a weekly radio show. He tends to tell people the way it is. One morning a lady called in complaining about the sugar cane farmers creating dust and noise when cutting the cane. He asked her where she lived and she named a new subdivision in a fast growing area on the edge of the city.

He said hold on one minute, you purchased a lot in a subdivision in the middle of a bunch of sugar cane tracts and now you expect the city to make the farmers stop farming? She got pissed and hung up.

 

[Ray-CA]

No because my property is a victim of aerial trespass by my neighbors power lines.

Just a thought, but have you explored the possibility of filing a complaint with the power company and/or municipality due to the encroachment of these power lines over your property? In our area, anything that crosses over the property lines has to be agreed to by the "injured" party.

Ray

 

[Kevin54]

Why not get a permit for just a cement slab then get a four post lift, like a Backyard Buddy, which isn't a permanent 'structure'.

I think I'd try to go this route. Get the slab poured then get a four post with wheels. That way it is not a permanent structure. I would spend the money though on either a slab that wraps around to the opening of your garage, or spend the money to make another opening that "just in case" they would stop by, you can tell them the lift goes into the garage when not in use.

 

[timbitca]

Sorry to hear the bad news.

On a side note, the mayor of a nearby city has a weekly radio show. He tends to tell people the way it is. One morning a lady called in complaining about the sugar cane farmers creating dust and noise when cutting the cane. He asked her where she lived and she named a new subdivision in a fast growing area on the edge of the city.

He said hold on one minute, you purchased a lot in a subdivision in the middle of a bunch of sugar cane tracts and now you expect the city to make the farmers stop farming? She got pissed and hung up.

We need a whole lot more politicians like this one...

 

[Hootbro]

No because my property is a victim of aerial trespass by my neighbors power lines.

When you closed on your property, was this easement not shown on the property diagram? Usually is on most so it does not come as a surprise later down the road.

 

[sickjuice]

No because my property is a victim of aerial trespass by my neighbors power lines.

99% chance you can get that moved. I highly doubt the utility has an easement for a service drop. They can put a midspan bracket on the secondaries between poles and hit your neighbors house from there. They don't bother doing that from the start if nothing is in the way but if you ask nicely it shouldn't be a problem to move it.

 

[bdamico]

Make sure you get a permit before building a twelve-foot wall

 

[EOC_Jason]

Jeeze you people have to get permits for the littlest things up north don't you?

I have to agree with one poster above... it's better to just DO it, then ask for forgiveness (i.e. do the paperwork and pay the permit fees afterwards)... As long as they get their money, they are happy...

 

[madstat]

In SE michigan, If you are a victim of aerial trespass Detroit-Edison is required to put in a mid-span at no charge to you.

 

[SGKent]

first thing that comes to my mind is do you know the mayor or city council? If not, now would be a good time to start. If you do it is within reason to ask for a layman's explanation why it was turned down. Next ask what would the city consider a way to work around whatever the issue is. My guess is that the city doesn't want commercial type equipment in a backyard. Example - lets say your hobby was working with concrete so you asked to have a concrete silo and mixing equipment in your back yard for the concrete trucks you liked to collect. Let's say your neighbor decided that since his hobby was eating pork he wanted a big slaughterhouse and pig farm in his back yard. Sooner or later there has to be a limit. Your goal now has to be to find out what that limit was and a work around. How about a drive through pit? Can you put a 6' deep swimming pool in with steps and then straddle it with steel ramps... If you get rid of the overhead lines will they let you build a garage and put the lift in it? Is there anything about you or your property that makes them think you will be using this commercially?

As for the aerial trespass, look at the title policy when you bought the home. See if there is an easement across your property in that area for the power company or the next door neighbor to string and service lines. If there is it isn't trespass. If there isn't tell them you don't want the lines there anymore and if they refuse to move them get an attorney. It is your land unless you bought it with or gave an easement/right of way to someone else.

 

[lt1driver]

military always face same problems....base built outside of town, town grows, houses near base and then they complain about noise..same for airports, examples: navy base in Fort Worth Texas and DFW airport in Dallas-Fort Worth....I say tough ***** said the kitty.

 

[Dick in Wisconsin]

I consulted the planning and permitting department about installing a 2 post surface mounted lift in my backyard. Guy told me, sure no problem we've done this several times, just draw me up a sketch of the location, where the house is, electrical plan, and give me the manufacturer specs.

So I did.

Got a letter, stating your permit has been denied. This is not an approved "accessory use" of a residential zone.

Call the zoning guy. Be real nice. Ask him what happened in the middle. Did you misunderstand something?

 

[Hephaestus29]

No because my property is a victim of aerial trespass by my neighbors power lines.

Areial Trespass ?? I'm not sure about your situation but I believe powerlines can be moved or ran underground.

 

[onthefence777]

Ok, thanks for all the replies guys! I have been really bummed out so I am just now checking back. Sorry if this is long, but lots of ground to cover here.

First off - 4 post is no go - I already bought and own my used two post lift (was good deal from shop going out of business) I bought two post for a reason, what I used in high school auto class, and its what I want. Can't afford to buy another, and there is no way in hell I am opening my back yard up to CL tire kickers by posting it for sale. I don't let just anyone on my property. If it turns out I can't use it, its going to the scrap yard. Figured I should get a rough 200-300 for it which is almost 4 fold loss but such is life. My back is no good, which is why the lift, so I will have to pay someone to load it in my truck too.

Second - Aerial trespass - There is no easement on my deed/title, the trespass been there since the '50s. Called out Power company, they quoted $5k for underground, 3K for a bypass pole at me and neighbors property line in alley - insisted I must pay for a change. I am worried that if I do fight the trespass and make them move it for free, that they will disconnect my service altogether in retaliation. And another big problem, is even if I push them to fix it for free, my neighbor said he will be pissed at me if I do it when I had asked him about it when I thought I had money for a garage. Hes an older guy, doesn't like any kind of change for some reason. Also, I can't afford to build a garage anyway, and if I did have the money, there really isn't anyway it will fit in the yard because of the minimum required distance away from my house. And variance is out the window because that is a non-refundable $3,500 application.

Third - I am not complaining about the industrial/commercial across the street. Knew it was there when I bought the place. Really isn't a bother. And neither should my lift be. I am very respectful of my neighbors. No one seems to take issue with anything I do, no complaints. I don't have any loud impacts or anything and don't really plan on getting any, I make do with the tools I got. ($$$)

Whenever I do talk to zoning, my first question is if it is permitted for me to work on a car on jack stands but not the lift. If thats the case then I am just screwed with my back injury. I am very thankful I walked from the accident with my life. But I am left a bit bummed because my one most enjoyed hobby is prohibited for me only because of my injury no matter the lengths I go to get around it.

 

[Hootbro]

I am worried that if I do fight the trespass and make them move it for free, that they will disconnect my service altogether in retaliation.

Utility companies can be a bureaucracy but they are usually not petty to do stuff like that. Also, in most states, the regulatory board that oversees utilities will have there *** if **** like that happens.

As to the lineman that would have to come out and move it, they will not give two flips as that is their job.

 

[kwb]

Don't take this wrong but you sound like you are your own worst enemy.

Spite yourself to not sell an item that is very marketable just so you don't have to spend a little time to do 20 minutes of work to move it out to driveway to show to a prospective buyer.

You went after a permit on something that as far as a homeowner is concerned shouldn't be considered an improvement to the property (commercial is another animal).

You think that a utility company is going to act as childish as you would if someone demands that they do what they are supposed to do because they don't have an easement for the power line.

 

[EOC_Jason]

I think this is an ADA (American's with Disability Act) issue... You said your back is messed up, and you are physically unable to work on your vehicle by crawling around on the ground. Your only remedy is to use a lift...

That's like saying sorry, but we can't let you build a ramp if you were in a wheelchair to access your house...

 

[onthefence777]

I think this is an ADA (American's with Disability Act) issue... You said your back is messed up, and you are physically unable to work on your vehicle by crawling around on the ground. Your only remedy is to use a lift...

That's like saying sorry, but we can't let you build a ramp if you were in a wheelchair to access your house...

Thanks for bringing that up, I am reading up on that. I think I explained my frustration best in my first post, I just didn't know what law to look under so thanks for that. This is my path to my pursuit of happiness, a quality of life thing. It's not like I am requesting they pay to install the thing, I'll be more than happy to pay all the permit and inspection fees. I was kind of surprised they didn't ok it just to take my money. I would be more than happy to be perfectly healthy and able to work under jack stands. I'm not totally helpless, I just really have to watch what I do or I pay for it big time.

KWB: I ain't mad at ya. I suppose maybe you are right in a way. Maybe I have just read too many articles about people requesting the utility remove their smart meters so they can sleep again, and instead end up with no power at all. When the utility was here, the high up guy was very adamant it was on me to cover cost of fixing the trespass. I am just a very non confrontational guy I guess and don't like attracting attention. Its a moot point anyhow, since there are other issues holding up any garage build for me here. The perfect place for the lift happens to be exactly where the wires wouldn't be a problem.

I went for a permit because I strive to be law abiding and honest. A two post lift must be bolted into the slab; when I inquired if the installation required a permit or just for electrical, the guy said it was because it was bolted down that it required a permit. Hell I think I shouldn't need a permit for anything I wish to do on my property while following the building code, but unfortunately the law states otherwise and I am a lawful man, not an outlaw. I felt it was better to follow CYA and do it right the first time than worry about inspectors driving by seeing the posts sticking above my fence...

 

[darkk]

Jeeze you people have to get permits for the littlest things up north don't you?

I live up north as you put it, in Ct. What's a permit???

 

[sickjuice]

. When the utility was here, the high up guy was very adamant it was on me to cover cost of fixing the trespass. I am just a very non confrontational guy I guess and don't like attracting attention.

Man if I was you I would want to put up a garage just as an excuse to put the utility in its place.
Without a easement they have nothing to go on. If you made an effort to get them to move it and they didn't you could have an electrician cut that cable down to get it out of your way.

 

[SMKS]

Jeeze you people have to get permits for the littlest things up north don't you?

Unless I missed it, I don't see where the OP is located.

I don't think you can really put a lift outdoors in the northern states. It wouldn't be usable for a lot of months and the rain/snow would damage it, I would think.

I grew up in the midwest and I never remember seeing lifts outdoors. I did see them in the south, though.

 

[6768rogues]

I, too, would go the route of having the power line moved. You can't build under it and you can't put a swimming pool under it, so it is devaluing your property and limiting your right to do what you want on your property. Push harder, they WILL move it at no cost to you. If they were to cut your power in retaliation, you would have a great lawsuit against them. They cannot legally do that to someone who pays the bill.

 

[onthefence777]

This is in California.

The lift would be against the house. I had planned on getting a large tarp, anchor it on the eave and then rope and stake the other side to the ground to give some cover for the rain, and sandbags along the slab to keep water from underneath me.

If I decide to sell the property I will make the power company move the line.

From what I have read I have a pretty strong ADA case on my hands. I'm so tired and hurt from this whole ordeal that I am throwing in the towel. I would put 100 bucks down as a bet that even if I confront the planning department with an ADA request for accomodation and receive it, they will retaliate by running over this place with a fine tooth comb. I cannot guarantee that the previous owners (who were tweaker types) didn't do any unpermitted work and the inspectors would probably nail me to the wall. I can't afford all that and I have no where else to go so I guess the .gov wins this one.

Thanks for all the help guys

 

[ZRX61]

Found out a few months back that this city charges $39 for a permit to swap out a water heater... Apparently they don't issue many as no one knows about it & those that do, ignore it

 

[Hootbro]

This is in California.

The lift would be against the house. I had planned on getting a large tarp, anchor it on the eave and then rope and stake the other side to the ground to give some cover for the rain, and sandbags along the slab to keep water from underneath me.

If I decide to sell the property I will make the power company move the line.

From what I have read I have a pretty strong ADA case on my hands. I'm so tired and hurt from this whole ordeal that I am throwing in the towel. I would put 100 bucks down as a bet that even if I confront the planning department with an ADA request for accomodation and receive it, they will retaliate by running over this place with a fine tooth comb. I cannot guarantee that the previous owners (who were tweaker types) didn't do any unpermitted work and the inspectors would probably nail me to the wall. I can't afford all that and I have no where else to go so I guess the .gov wins this one.

Thanks for all the help guys

Not trying to dog pile on you, but you have a weak and defeatist personality. There is still plenty of options and fight left to be had here before admitting defeat.

 

[Rodhotz]

I would wait a few months and put it in. Bolt it down and run it off a plug instead of hard wiring it that way it cannot be called a permanent fixture. But if you are intent on not putting it up i would be willing to buy it.

 

[rev177]

Worst case is get a maxjax that is removable that way it is not permanent!!!

 

[Cryptic1911]

Just put it in and don't say anything. Its not a building, so I don't see how they can bust your balls about that

 

[texasprd]

Find an attorney who handles property issues (your local Bar Association/legal-aid society can refer you, or use Yellow Pages) and take your deed/survey to him. First consultations are often free, depending on the attorney. If he thinks you have a cause, he will probably send a demand letter to the utility, demanding they remove the trespass by moving the lines. This has efect of letting them know your side knows the law and isn't intimidated. The demand letter, and any subsequent services, will cost you a little but this way you can get what you want.

 

[bczygan]

Something would fall on that offending service drop and tear it down. Then I would prevent the power company from putting it back up over my property by installing a large blow up pool in that area. They can't run a drop over a pool.

Then I would install the lift on a large steel plate (20'x20' if necessary) set on a slab.

There is always a way around idiots.

 

[nehog]

Something would fall on that offending service drop and tear it down. Then I would prevent the power company from putting it back up over my property by installing a large blow up pool in that area. They can't run a drop over a pool.

Then I would install the lift on a large steel plate (20'x20' if necessary) set on a slab.

There is always a way around idiots.

It is very possible there is a right-of-way, or even a deeded right-of-way for those power lines, which seriously limits what can be done about them. I know for a fact that my neighbors hate the fact that the power lines to my house are routed across their front yard, giving my house a clean "no wires" look while giving their's a "wow, a power sub-station" look!

(It was a month after I bought the house before I realized that I didn't have the buried utilities that I thought I had.)

 

[onthefence777]

Not trying to dog pile on you, but you have a weak and defeatist personality. There is still plenty of options and fight left to be had here before admitting defeat.

I ain't mad at ya. I appreciate your honesty. Yes I can tend to look at things negatively especially when the pain is on the higher levels. When I get high levels of stress it only amplifies the pain.

Receiving that letter from the zoning department was upsetting to me. Makes me feel sort of like less of a man when on my way home I see the neighbor changing the oil on his car, yet I can't because of my back injury I've been living with for close to 20 years. And I'm not even out of my 20's yet.

I am going to meet with a disability lawyer and hopefully have him write me a letter of request for accomodation under the ADA and fight this out to the end. If I'm not mistaken, if they retaliate it only builds more of a case for me. I just hope it doesn't come to that. And here I tried to do the right thing and pay the permit fee.

 

[Kevin C]

Oops