redelk
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posted December 29, 2004 08:39 PM
City v. Redelk Part II - an update with background details
This is a continuation of this thread:
http://www.bikeland.org/board/viewthread.php?FID=1&TID=16030&pagenumber=1
Some background info about the "issues" the city has about my trailers currently parked in my driveway.
After receiving the notice, I hand delivered a response addressed to the Zoning Administrator. Enclosed with the response was seven 8x10 photographs. Also enclosed was a copy of the original notice. This is that letter with some items (names and addresses) edited out for obvious reasons)
Dear Mr. Jones:
On December 3, a Code Enforcement Officer did a site inspection at my home. On December 8, I receive a notice that my property was in violation of Sec. 36-254 (b) (1). Specifically, my two enclosed trailers were the items that Officer Smith deemed to be the reason of this violation. Officer Smith stated in the notice that "commercial trailers" are not permitted in R2 Single Family Districts and that I was to remove them from my front yard within 15 days.
Mr. Jones, I'm confused. I have never owned or use any "commercial trailers" and the two personal trailers have never been parked in my yard. They have always been backed into my driveway when they were not in use.
I am a motorcycle enthusiast and the two trailers in my driveway are used solely for the pursuit of that hobby. I can assure you that neither one of these trailers is used for general storage nor any kind of commercial endeavor. I and a few friends of mine occasionally race as novice riders in the Central Motorcycle Racing Association. This level of racing is strictly at the amateur level and is in no way "professional". All of us compete solely as a personal hobby. This level of racing is commonly referred to as "club racing".
We have not ever received or accepted any kind financial or material compensation from CMRA or any of the organization or business associated with them. We also have not received or accepted any kind of sponsorship, financial or material oriented from any business, organization or individual. We have never conducted any type of business or performed any financial or material transactions, personal or professional, with either one of these trailers. I also do not conduct any of the above in my personal home.
I have enclosed several photographs showing the type of trailers and their where they are always parked while not in use.
Pictures #1 and #2 (numbered in the lower right-hand corner) show a street view of my two trailers.
Pictures #3 and #4 are of the trailer we use for transporting our motorcycles to the races.
On both sides of this trailer, it is lettered "Backmarker Racing L.L.C.". I and my friends thought it to be wise to form an L.L.C. to protect us from any personal liabilities if something were to happen at the race track or while we are traveling to and from the track. The trailer is insured in my name only and is designated for personal use only. My policy with State Farm Insurance was very specific that no business or professional activities can be conducted with this trailer at any time.
Though I personally applied the lettering myself, it was done in a professional, discreet and tasteful manner. I work for Ad Craft of Arkansas, Inc. and have been applying fleet graphics for area businesses, emergency vehicle (fire/police/ambulance) and government vehicles for over 27 years.
Shortly after it was applied last summer, I placed a black banner on the driver's side of the trailer to cover the lettering. The only reason for it was to be respective of my neighbors. None of my neighbors or the home owners association had mentioned having any problems with the trailer or it's lettering, but I did not wish to offend any of the other neighborhood residents if they did not appreciate the lettering. I felt it was not necessary to cover the lettering on the passenger side of the trailer since my other trailer blocked the majority of the lettering on that side.
Picture #5 shows our motorcycles inside the trailer prior to our departure for a race. We race in ten events and participate in several practice or motorcycle riding schools each year. All of these events take place in either Oklahoma or Texas.
Pictures #6 and #7 show both of my trailers. I utilize the smaller trailer for my weekend rides. Either to transport my personal, street-licensed motorcycle to where I will be riding or as a "rescue vehicle" if I or one of my friends were to break down during our ride.
As you can see, neither one of these trailers have any aspect that I believe could be viewed as commercial in nature or use. The smaller trailer has been located in my neighborhood since 1997 and the one we use for our hobby has been there since May of this year. I have had numerous conversations with my neighbors and the home owners' association concerning these trailers and have received nothing but favorable responses about them and my hobby.
Please feel free to call or e-mail me if you have any questions concerning either of my trailers. You can call me at my office between the hours of 8:30 a.m. to 5:30 p.m.. The number is xxx-xxxx. My e-mail address is adcraft@sbcglobal.net. I have lived at this address since 1983 and plan on spending many more years residing in what I feel is a wonderful neighborhood. Both my parents and my sister also reside in the same neighborhood.
Thank you for your time with this matter.
Sincerely,
The ordinance I was sited for reads as follows:
Sec. 36-254. R-2 single-family district
(b) Use Regulations
(1) Permitted uses. Permitted uses are one (1) single-family dwelling on any lot or parcel.
The notice states the following:
You are hereby directed to comply with this ordinance by: Remove trailer(s) located in front yard. (note: said trailers are located in my driveway, not the yard) Commercial trailers are not permitted in R2 single family districts. A period of 15 day(s) is granted to provide you the opportunity to take the corrective action necessary, or file for a variance or appeal where applicable.
Complete text on this ordinance can be found at:
http://library6.municode.com/gateway.dll/AR/arkansas/872?f=templates&fn=default.htm&npusername=11170&nppassword=MCC&npac_credentialspresent=true&vid=default
(you'll need to use the HTML version to review all the ordinances)
After the Zoning Administrator reviewed my response and the accompanying photographs, he called me at work. He was very pleasant. but he informed me that he and his supervisor have chosen to not make an administrative decision concerning my trailers. They had instead given me an extension till Jan. 28th. On or before that date, I am to have filed an appeal to the notice. Doing such entails writing another letter concentrating on the "hardships" I would experience if I were forced to relocate the trailer. I may enclose photographs with my letter, but I must provide five sets so each member of the zoning commission will have their own copy. I could provide the city with a CD and they could make the copies, but I prefer to have control over what the pictures look like, thus I'll make the copies. There is a $55 "fee" for appealing and requesting the commission's time for a public hearing. Upon filing the appeal, I will be granted another extension to Feb. 28th. At 2 p.m. on that date, the commission will start their monthly meeting. If I and the team are not successful in our appeal, we will be given an additional extension (likely 15 days) to take the corrective actions handed down by the commission. After that period of time, no further extensions will be granted and if the proper action is not taken, fines will be levied.
I inquired about possible actions I could take to better my chances or present to the commission as options, but the ZA politely declined to offer any recommendations. He was really trying to be helpful, but it was obvious he did not wish to stick his neck out. Working for the city, I understood. He told me what the actual ordinance was going to be stated that I was in violation of. It is not the one that was used in the original notice. Here is a brief snippet of the "proper" ordinance:
Sec. 36-512. Commercial vehicle parking (prohibited).
(a) Except as provided herein, no portion of any lot, tract or parcel of land zoned for residential usage, including districts "R-1" through "R-7a" and "MF-6" through "MF-24," shall be utilized for the parking of commercial vehicles with a load carrying capacity of one (1) ton or greater.
(b) For the purposes of this section, the following types of vehicles are expressly prohibited at any time:
(4) Trailers whose designed intent is storage or transport of material or equipment.
Now again, the "catch phrase" would seem to be "Commercial". Well, the city has that covered too.
Sec. 36-253. R-1 Single-family district.
(a) Within the R-1 district, all buildings, structures or uses having commercial characteristics shall be excluded whether operated for profit or otherwise.
In other words, it does not have to actually be "commercial". Just look "commercial". He went on to say what the three aspects were the main points resulting in a violation. First is the fact that there are two trailers in the drive. Second, there is lettering on both trailers that gave them a "commercial" appearance. Covering it up on one side of one of the trailers was not sufficient. Third, the size of the larger trailer. A note about my smaller trailer: it does not met or exceed the 2,000 lbs. payload capacity as described in Sec. 36-512(a). He said that he'd leave an application packet at the front desk for me to pick up. He offered to mail it, but I told him that I would prefer to pick it up in person so I could start preparing my appeal as soon as possible, I then thanked him for his time and assistance and picked up the application that afternoon.
Now it would seem that the interpretation of what "commercial" is could easily be debatable. Logos like "Pace Arrow" or "Coleman" could just as easily be referred to as giving a perception of "commercial". One can not assume that everyone is aware of the fact that "Pace Arrow" is a manufacturer of RVs. Even so, If the lettering was removed or somehow covered (i.e. like the banner currently on the driver side) to insure that it was not within public view, it would render that aspect moot. But, the line in Sec 36-512 (b)(4) would seem to nail us to the wall. We can not deny that the trailer is indeed used for the storage or transport of material or equipment. We also can not deny that it also has a payload capacity that exceeds one ton as defined in Sec 36-512 (a). Ah, but there are still a few tricks up our sleeve. Sec. 36-512 goes on to describe several other vehicles that are not permitted to be parked in the driveways or parking areas of R (residential) or M (multi-family) districts. What is not included in that list is boats/personal watercraft or personal campers/RVs. I will be calling the ZA to confirm that this is indeed the case. So, if it is permissible to park a personal camper or RV in my driveway, thus so should it be permissible to park my trailer there. True, it is used to store or transport materials or equipment, but that is NOT it's designed intent. When the trailer is actual used "in transport", less than 20% of that time could be considered as "transporting equipment". In actuality, the trailer main purpose is to provide a off premise residency. No different then that of a camper or RV.
The purchase of this trailer was to provide a location where I and other team members could eat, sleep and change clothes, thus avoiding the expense involved in getting a hotel room. From the very moment we first arrive at the track, all motorcycles and supporting equipment is immediately from the trailer and the bedding for those sleeping in the trailer is laid out. Admittedly, the "bedding" might consist of twin sized air mattresses or folding cots,sleeping bags, blankets and pillows, but can easily meet the definition of sleeping arrangements. In some aspects, our arrangements for five adults to sleep in the trailer is superior to that provided in similar sized campers. To say that it is not the "designed intent" is folly. It should be noted that the manufacturer of this particular model of trailer does offer an optional living quarters that includes bedding and a place to eat. The offered living quarters range from 11' to 14'. The options that the factory offers would accommodate no more than 4 adults and that is if two adults shared the full size bed and the other two shared the bed that folds out from the dinette table. These arrangements would not meet the needs of our team. Not only that, but the factory living quarters could easily add $3,000 to $7,000 to the cost of the trailer. That expense would be even greater if we custom designed living quarters that did actually meet our needs. By that point, the cost of the living quarters would have exceeded that actual cost of the entire trailer itself.
Other aspects that define the trailer's "designed intent" is indeed for "camping" purposes is as follows:
Five 4' florescent light fixtures with two bulbs in each fixture
Four 12V light fixtures in various locations in the trailer
Four 120V double outlets on each corner of the interior
12V power outlet
Air outlet to air up the mattresses (and use for air tools)
3 cu. ft. 120V frost free refrigerator
AM/FM/CD home stereo with speakers both inside and out (to hear the first calls to the track)
Five gallon fresh water supply
A aluminum topped cabinet with four doors
Clothing rack to hang clothing on (or leathers)
Dining table (folding card table)
Chairs and Love Seat (Kawasaki part# K99999-316 and K99999-319)
Coffee maker
Electric grill
Outdoor (propane) BBQ Grill
RV style door latch on side door
Two 30" x 30" windows w/ screens and mini blinds
and most importantly...
13,500 BTU A/C with optional heat.
I don't know about most folks, but I'm hard pressed to see any kind of "material or equipment" needing a 13,500 BTU A/C or bedding arrangements for five adults. Much less a refrigerator and multiple 120V outlets or 30" x 30" windows with screens. Most of the items I would define as "material or equipment" would care less what the climate is inside the trailer, much less wish toi be able to see outside through some sort of window(s). This is just one of the various aspects we will be bringing to the attention of the commission. Another item we will be presenting to the commission is a petition with the signatures and addresses of other neighborhood residents that do not feel that the trailer is either "commercial" or just simply used for the purpose of transporting and storage. Our goal is a minimum of at least 30 different addresses (over 10% of the neighborhood). We have additional points we plan on presenting as well. As we further develop our appeal, I'll keep ya'll posted.
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There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
   
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GreenGlenn
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posted December 29, 2004 09:35 PM
Best of luck. Hell, I park my semi in my front yard - but it's got a sleeper, so it MUST be a camper!
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kz2zx
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posted December 29, 2004 10:09 PM
Red,
if you install a shower in the trailer - water heater and tank - would that make it an 'RV' enough to meet the letter of the zoning ordinance?
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WERA 147
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fish_antlers
Administrator
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posted December 29, 2004 10:58 PM
Can I have your trailer?
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What business is it of yours where I'm from, Friendo?
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junior s
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?
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posted December 30, 2004 08:03 AM
Judging by the responses telling of the restrictions in many of these neighbourhoods , it seems a bit ridiculous to say that we live in free countries doesn't it ? My (and I'm sure all of us have one ) next door neighbour is the crotchety old prick for the area , has got to have the bylaw office on speed dial because he calls them so often . They sometimes don't even come out to investigate , you find out when you get a ticket in the mail ! One guy fot a ticket for 245$ for his dog taking a dump on someone elses yard and not picking it up . The dude has never had a dog in his life .... I could go on ... Good luck Red
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Get up off your ass and ride !!
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zxfingyz
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posted December 30, 2004 08:57 AM
You can go to your local library and find a lawyer who just happens to be the guy on 80% of the zoning variances and get with him. There is always one or two guys who get those pushed through in every town.
I would not recommend going into court with guns blazing and lawyers who are not part of the "program" so to speak. You cannot fight city hall.
And on matters like this it is almost always better to pay up quietly. Depending of course how important it is to have those trailers handy. If it is not that important then tilt away to your hearts content, Mr Quixote.
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Just Joy
Needs a job
Posts: 3976
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posted December 30, 2004 09:27 AM
quote:
Red,
if you install a shower in the trailer - water heater and tank - would that make it an 'RV' enough to meet the letter of the zoning ordinance?
You would also have to have waste water tanks (two, one for sewer and one for shower, even if you dont have a shower or bathroom, its a just in case measure they have in place, you know, just in case you decide to add a shower or bathroom) you would also need a fresh water tank (thats additional to the hotwater tank) and then you would have to have it insured as a RV...to do that, you must have it inspected by the insurance company and their guide lines are pretty strict as far as passing anything that has been converted into a RV status is concerned. If it was not built for RV status to begin with (from the company), then it is very hard to have it insured as one after the fact....we looked into it last year, and decided that it just was not worth the hassel, although, we did not look into it for the ability to park it in our driveway, it was a matter of liability, just in case of injury from a second or third party....something you may want to think about Redelk, if your having people sleep in there, not saying that anyone of the friends would sue, but I bet their familes would....its a sad fact that in this day in age we must think about that and cover our asses with liability insurance...
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Lorcan
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Posts: 327
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posted December 30, 2004 10:34 AM
Best of luck Sherm. I thought we only had to deal with that sort of crap over here but you've proved me wrong! Somehow I thought you were more relaxed about that stuff over there.
Personally, it wouldn't bother me if you parked an elephant in your front yard 
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810cc - 211mph: www.750turbo.com
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vincentHill
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posted December 30, 2004 12:35 PM
I have got a Headache just from looking at this! We already know that the City / state can take your land if they want it but this is stupid!
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Made History @ Daytona and still one fast old man!!
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redelk
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posted December 30, 2004 12:50 PM
 Edited By: redelk on 30 Dec 2004 12:52
quote:
If it was not built for RV status to begin with (from the company), then it is very hard to have it insured as one after the fact....
we did not look into it for the ability to park it in our driveway, it was a matter of liability, just in case of injury from a second or third party....something you may want to think about Redelk, if your having people sleep in there, not saying that anyone of the friends would sue, but I bet their families would....its a sad fact that in this day in age we must think about that and cover our asses with liability insurance...
JJ - "RV status" would require it to be self propelled according to my insurance company. Rules concerning "Campers" are pretty broad and vague.
As for liability, it is deal with both by our insurance coverage (both while it is stationary and in transport) and by the team's L.L.C. status. As for sleeping in the trailer, that is only done at the race track and not at any other time. Only team members or it's contractual associates are allowed to utilize the trailer for this purpose. Each member of the team, management and associates are under a strict legal and binding contract (several contract for actual riders and management), that "clearly" (in "legal-ize") spell out responsibilities, obligations and liabilities of the members and the team entity itself. Just another "CYA" when it comes to "personal injury" issues. Both by the team members and those that might see the trailer as a "attractive nuisance".
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There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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aliveagain
Needs a life
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posted December 30, 2004 03:53 PM
Redelk,me thinks you drink too much caffeine.What's the M.V. plate say it is?Have they seen the inside of the trailor?If not,deck it out with a couch and cots and take a picture.I think you put way too much info in a letter to this man,instead I would of just asked why it bothered him so much and explain all the time and money(lost work and funds) it's going to cost you to defend your homestead.
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I wondered why the baseball kept getting bigger. Then it hit me.
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Just Joy
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posted December 30, 2004 04:01 PM
[quote
As for liability, it is deal with both by our insurance coverage (both while it is stationary and in transport) and by the team's L.L.C. status. As for sleeping in the trailer, that is only done at the race track and not at any other time. Only team members or it's contractual associates are allowed to utilize the trailer for this purpose. Each member of the team, management and associates are under a strict legal and binding contract (several contract for actual riders and management), that "clearly" (in "legal-ize") spell out responsibilities, obligations and liabilities of the members and the team entity itself. Just another "CYA" when it comes to "personal injury" issues. Both by the team members and those that might see the trailer as a "attractive nuisance".
Good, ....just checking, sometimes people forget about that part, as long as your covered personally, thats what matters. Like I said, it is a sad sad time when we have to cover ourselves like that, but it is a reality.
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TurboBlew
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posted December 30, 2004 04:13 PM
Sherm.... did you start looking for violations on the crotchety old fucks place yet?? 
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Official Charter Member of the RIDERS OF KAWASAKI MEMBERSHIP REVOCATION CLUB
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redelk
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posted December 30, 2004 05:40 PM
Edited By: redelk on 30 Dec 2004 17:44
aliveagain - we do not want to go there. The trailer itself is insured in my name personally (suggested by my insurance agent) and the tag is a permanent trailer tag that does not require renewal. It is the same type of tag used on all types of personal and light duty trailers. The reason we do not want to go there is that it and the title is the ONLY aspects that is in the name of the L.L.C.. Bringing that up would require us to spend too much time trying to define the L.L.C. and a corporation that is not "commercial" even in appearence.
JJ - so true.
TB - pinning responsibility on the old man is getting harder and harder to do. The city will not acknowledge that there was a specific complaint or it was just a routine neighborhood inspection that resulted in me being cited. The zoning officers are actually doing a crack down on other neighborhoods as well.
To further cloud the issue, my homeowners assocation has been battling the commission over two projects. A "upscale" mall right across the highway from our neighborhood and a waste water treatment facility near our neighborhood. The association lost the battle over the mall, but tie it up in hearings for over six months. The waste water facility has been tied up for over two years. Needless to say, the association has no "friends" on the zoning commission. Having the commission "instruct" the enforcement officers to do a "routine" inspection of neighborhoods that have been a pain in their collective asses is not out of the releam of possibilities either.
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There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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k bryant
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posted December 30, 2004 07:27 PM
What a bunch of A-HOLES! It's your property and they dictate what you can and can't do on it/with it......
I know your hardship. My association gets stressed when a vehicle is parked in your driveway. They want all vehicles parked in "designated" parking only and/or in garages. I admit it makes the neighborhood look sano. But gosh-dam-it, if you have a long enough driveway, you should have the right to park you vehicle in it.
Oh, and they don't allow any commercial vehicles or trailers..... Fkrs...
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12RPilot
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posted December 31, 2004 01:51 AM
Sherm, In case you didn't check lately, you got mail.
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If you aren't an AMA member, you're part of the problem.
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jonwright
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posted December 31, 2004 06:42 AM
quote:
4) Trailers whose designed intent is storage or transport of material or equipment.
Not too many tailers are designed to NOT hold material or equipment.
This is giving me a headache.
JJ, I almost sued Sherm for psychological damage when I was the recipient of his angy 'morning hump' at the races. That is a scary thing to have to deal with. But then I realized I'd be suing myself, too......but what if I sue YOU?
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EastBayDave
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posted December 31, 2004 08:04 AM
Sherm,
Believe me, this is going to be a big headache. I personally know people (ham radio ops-FCC federally licensed which precludes local jurisdictions) who have been fighting over antennas/towers for 15+ years costing a fortune in lawyer feeds.
"City Hall" so to speak has lawyers that have nothing better to do than make resident's life miserable. You don't want to fight this fight if you can avoid it in any way. Can't you just put in a gate & roll the trailer into the backyard? A simple solution like that may save you years of grief & money. I can see it coming a 2000 miles away man....
Dave
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Enjoy the ride!
02' ZRX1200
00' ZX12R sold
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Just Joy
Needs a job
Posts: 3976
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posted December 31, 2004 08:25 AM
quote:
JJ, I almost sued Sherm for psychological damage when I was the recipient of his angy 'morning hump' at the races. That is a scary thing to have to deal with. But then I realized I'd be suing myself, too......but what if I sue YOU?
See, now thats what I am talkin about!!!....
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redelk
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posted December 31, 2004 08:56 AM
KB - and it's not like it takes up my whole driveway. My driveway is about 18' wide by 46' long (street to garage door. The back of the trailer is about 4 to 5 feet for my garage door. That leave about 13-14 feet from the trailer's tongue to the street. My 5' x 10' trailer is also about the same distance from the garage door and next to the team's trailer. Parking my 21.5' long truck in front of the smaller trailer leaves about 8 feet of space between the back of my truck and the street. In other words, neither the trailers or my truck obstructs the view of my neighbors as they back out of their own driveway,
12RP - Back atcha - you got mail.
EBD - Can't do it. There is not enough space on either side of my house to get the trailer to the backyard. My property line is 8' to each side and both neighbors have fenced in backyards. The 8.5' trailer won't clear.
JW and my "angry morning humpings". Interestingly, the team's manager (me) has a strict policy of "humping" any team member that does something EXTREMELY STUPID, like waking me up by making noise at 6 am when I was working on their damn bikes till 2 am. Might be "too much information" but it points out the fact that the trailer's designed intent is indeed for us to "camp in" (eat, sleep, "punish stupid campers", etc.). Not only do we remove the bikes and equipment upon arrival, but we also roll out two 8' x 10' pieces of carpet on the trailer's floor. This is just another part of the question, Why would "materials or equipment" need wall to wall carpeting?
It is a undisputible fact that the MAIN PURPOSE of THIS trailer is NOT to store or transport of material or equipment. What it's function is while parked in my drive is moot. For owners of boats, campers and other such legally permited "personal recreation vehicles" have always stored certain non-related items inside these items.
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There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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EastBayDave
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posted December 31, 2004 10:55 AM
Edited By: EastBayDave on 31 Dec 2004 10:57
quote:
EBD - Can't do it. There is not enough space on either side of my house to get the trailer to the backyard. My property line is 8' to each side and both neighbors have fenced in backyards. The 8.5' trailer won't clear.It is a undisputible fact that the MAIN PURPOSE of THIS trailer is NOT to store or transport of material or equipment. What it's function is while parked in my drive is moot. For owners of boats, campers and other such legally permited "personal recreation vehicles" have always stored certain non-related items inside these items.
Well maybe you could do like some I know here did (same problem, trailer.) If you have a good rapport w/your immediate side neighbors (it sounds that way to me?), offer one/both to buy a new gate & side fence for them if you can get .5" extra on the gate (at the backyard entrance) on your side. Explain what it's for, & a slightly displaced gate at the backyard entrance isn't much to ask as your not really taking up any of their space, just the gate mount/supports/width.
Paying for that &/or doing whatever you can do NOW to avoid what very well may be an un-winnable fight. Again, I know folks who spent life-savings fighting "City Hall" lawyers for years, one guy just to lose after a 15-year fight. It's not worth it man. If you are breaking the rules, these guys (city/county lawyers) will make it their mission in life to break you. Realize the do this every day, & probably have multiple cases going at the same time, so they know their way around the applicable law's, you don't. They don't give a shit what it's for, if it's breaking the rules they will bankrupt you to win it. Even if you have to paint the trailer, get a smaller one, sell-it, whatever. It's NOT worth it...
I spent 5 years myself fighting the local homeowners Assn. rules regarding "C.C.& R's" for my radio tower. I eventually won due to one of the Association's members who started the fight being ignorant of FCC rules & dropping it BEFORE the lawyers got involved. It took a lot of work, talking to county people, going to the library & doing law investigation, etc. It turned out I just got lucky cuz one of them was a dummy. I fear they will figure it out, but I'm hoping I'm long dead & gone before that happens.
I wish you all the luck in fighting this in the world man, but again....it's not worth the grief. Look for alternatives, options, whatever you can to not fight this fight. It's just not worth it...
FWIW, IMHO...
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Enjoy the ride!
02' ZRX1200
00' ZX12R sold
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redelk
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posted December 31, 2004 01:23 PM
Even modifying their fences (either side), I still couldn't get the trailer back there. One side has an large oak tree (30'+). Even if I were to get it in the backyard from the other side, the landscaping is so uneven that it won't work. Even if I could get it back there, that would be a more serious of a violation then having it in my driveway.
Luckily, they don't meet daily or even weekly. They meet once a month. Since all of the ordinances are available on the web, a small part of our plan is to "out research" them. Kinda of using "the letter of the law" against them. Again, this notice is due to the opinion of a single code enfocement officer. Not an administrator or a commission. If the officer feel the trailer had a "commercial appearence", I'll produce over 50 residents of the neighborhood, as well as numerous photographs that say it does not have such an "appearence". When they say it's "intended design" is for the"transport or storage of materials or equipment", again, I will prove, both by signed testimony and additional photographs that it is not the "designed intent". When they say it is just too big, I'll prove (again through photographs) that there are several examples of "legal/permitted" items (i.e. the "larger than my trailer" boats).
With all our research, photos, petitions and other exhibits still lose the case? Of course we can lose. It is even easy to admit that the odds are stacked against us. That doesn't mean that I and the team can not use the exact same logic and codes used by the enforcement officer and even the commission to prove that my trailer meets and exceeds the standards of a "permissible recreational vehicle". No smoke and mirrors. No fancy wording or twisting the words of the codes. Just a straight forward illustration of how the trailer does not just meet a standard set forth by the code, but meets several of them. We must be able to CLEARLY answer any possible question they might have maintaining the designed intent is Not for the transport or storage of material or equipment.
It boils down to we do not have any viable options and will point this out as well. The zoning administrator said to point out what hardships we would have if we had to relocate the trailer. We are working on several legitimate reasons to explain our hardships. It will connect with the fact that we use the trailer for "camping" purposes to save money on hotels and travel. After all, if we could afford the exppense of staying at a hotel and traveling back and forth to the track, we could afford to store the trailer at some storage facility and store the bikes in some place that is climate controlled and equally secure.
Right now, I'm rebuilding the team's endurance bike, but plan on starting the case work next week.
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There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway
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VincentHill
Needs a life
Posts: 6520
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posted January 01, 2005 06:11 AM
The Key Word I saw was INTENT!!
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Made History @ Daytona and still one fast old man!!
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Ra12r
Zone Head
Posts: 919
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posted January 04, 2005 06:46 AM
Red, you should have just removed them "WITHIN the 15 days" which would have DROPPED the violation. Then simply bring them back at a later time. There is a big window for temporary parking vs permanent parking.
Once this blows over you will be okay. I have already had this fight with a home owners association. The temporary parking killed their case. If you go headup against laws and ordinances that were created for situations like YOURS, then you simply give them an opportunitiy to executed a law to "protect" the other "law abiding citizens". Go to plan B or plan C and work the loop hole!!!
Temporarily move the trailor and your drama is over. Longterm solution is that I bought another home with an acre of land that was NOT in a subdivision or city. I am much happier too. Sometimes things lead us to make changes that are actually much better for us in the long term. Don't fight change just make changes.
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FP 10R
Expert Class
Fast Learner
Posts: 212
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posted January 05, 2005 02:00 PM
Red, you can leave your trailers at my joint any time you like no charge come and get em whenever you want. Shipping could be a little long but hey the offer still stands.
Stick it to em Red, local government is an irrelevence little Hitler's justifying their existence because they couldn't make it in the real world. Had a little run in with the local authorites a while back over building a dam did all the right things asked all the relevent authorites no body wanted to know.
Engaged the contractor and get 80% through building the wall and every man and his dog wants a piece of me! High court injunction threats thrown around all sorts of fines ect. Seems my next door neighbour tells everyone I am blocking off the creek flow, the water authority wants me to rebuild the wall with an 8" pipe and valve in the base so they can regulate the water level in MY DAM.
Solution I told them all to F#%@ off ! I reminded them that I came to them prior to starting any works, the creek starts on my property and they were tresspassing. I also remined them that vermin abound on my property that I keep in check by shooting so I couldn't be held responsible for any persons safety should they venture onto the place.
Seems to have done the trick ain't seen a one since!
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"Life is not a rehearsal so make the most of it" Carefully
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