OP
- Joined
- Apr 6, 2004
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- Cat D3, Deere 110 TLB, Kubota BX23 and L3800 and RTV900 with restored 1948 Deere M, 1949 Farmall Cub, 1953 Ford Jubliee and 1957 Ford 740 Row Crop, Craftsman Mower, Deere 350C Dozer 50 assorted vehicles from 1905 to 2006
If it was severe enough they might make him move it or start over. We had a case which went to court because the owner built a structure which was too big for the lot according to local zoning ordinances. The kicker though was that he had gotten all of the proper permits and told them what he was doing; all was well and good until a neighbor complained. It turned into a battle, with the owner stating that he should have been told there was a problem when the permits were issued; it got pretty ugly for a while yet when the smoke cleared he ended up tearing it down.
Happened to a friend of mine... entire permitting process including design review and changes before permit issues... this was a high end custom home and the extra added height was done as an accommodation to the city to enhance architectural elements...
It came out very nice and one of the features was a tower/turret... it was the center piece and the home was tucked into a hillside.
When it was all done and permit ready for final a neighbor who was trying to build similar was turned down for height and said what about my neighbor down the street?
It took almost a year and my friend removed the top and put a flat roof up there... home simply looked odd... friend was upset and never moved in and sold for about what he had spent... not counting 4 years total effort to bring it from concept to reality...
Bottom line is the language in the city documents absolved the city of liability... now, had the height been specifically addressed through an approved variance it would be different buy no variance was requested or applied for during construction... again the home was tucked into a hillside on a slope...
To determine it was over height a specific formula was used and the structure was found non-compliant...