Redelk v. City Zoning - Final Ruling? @ ZX10R ZONE.com

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redelk

Moderator
Please... speak to the hand.
Posts: 3212

posted April 19, 2005 10:38 AM

Redelk v. City Zoning - Final Ruling?

Received another phone call from the City Zoning Administrator. He was calling to inform me that a administrative decision has been made concerning the Continental trailer on my property. Because of the detailed explanation of how the trailer is utilized, it does indeed fall under the definition of a "Personal Recreational Vehicle", as described by the zoning codes of the city. The Continental trailer may remain at it's present location as long as the graphics on the sides of the trailer remain covered and not visible to passing traffic.

I requested a letter that explained the decision, so I could have documentation for my personal records. He said that he would prepare something and mail it to me.

This could be easily viewed as a victory against the city, but they seem to not quite be so ready to give up completely. Get this... according to the ruling, the 5' x 10' Wells Cargo trailer has to go. That's right... the big trailer is okay, but the little one, by my own definition, is a "cargo" trailer. According to Mr. Moore, the fact that there are two trailers located in my driveway is has no bearing on the decision. After all, the Continental is a "PRV"... not a cargo trailer. Thank goodness I didn't tell them the full name of the trailer's manufacturer... Continental Cargo.

Though the are avoiding the phrase "commercial", they are sticking with the phrase "cargo" when it comes to the Wells Cargo. This trailer has been in the neighborhood since 1997. I bought it from a neighbor in '01. The frustrating part is that for the most part, the only reference to "cargo" is under the aspects of "commercial" (as indicated below).

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. (Note: The Wells Cargo has a payload of 800 lbs.)

(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.

My view is this:

1. Because of my explanation of the use of the Continental, using their very own definitions... they lost.
2. Because of my method, one could only assume that the Zoning Administration feels that SOMETHING has to be done.
3. Knowing that this remaining "viewpoint of violation" is weak at best, they really are losing interest in pursuing it further.
4. The have stated that they will not conduct any further administrative reviews. Any future judgements must come from a hearing before the Board of Adjustment.
5. The WC trailer is no different than a personal utility trailer or one used to transport a ATV.
6. The ball is still in their court.
7. I do not plan on taking any action until a citation (not a courtesy notice) is issued.
____________
There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway

fattkaw

Expert Class
Posts: 277

posted April 19, 2005 01:29 PM

congrats! you won!

frEEk

Administrator
ummm... yeah
Posts: 9660

posted April 19, 2005 01:45 PM

all that trouble for what should have been such a simple answer from the beginning. u just gotta love crotchety people who waste other people's time and money just cause they're miserable coots. they should have something in place where the person who issued the citation (or even notice) is fined or otherwise reprimanded when the citation is foudn to be incorrect. of course, a govt can always do whatever it wants and just say "oops" when they make a mistake. if an individual does the same, they have to pay.

fattkaw

Expert Class
Posts: 277

posted April 19, 2005 01:49 PM

I'd second that freek. there would be so much less BS and stress.

redelk

Moderator
Please... speak to the hand.
Posts: 3212

posted April 19, 2005 02:29 PM

Ah, but that would steal away the joy I will find in sending the old man an anonymous reply to the original anonymous letter he sent me last October. Because of my inaction to his request of relocating the trailer (or just move out of the neighborhood) is why he contacted the city in the first place. He didn't even try contacting the neighborhood home owners association first, but if he had, he would have been disappointed in the fact that neither trailer violates the neighborhood's bill of assurance (which I also have a copy of).

I must admit that I should not take great joy in making his last days on this earth (he's 90) so miserable.... I DO! Every time he leaves or comes into the neighborhood... there they are in all their black shinning glory. Two hundred and fifty-four square feet of FUCK YOU, OLD MAN, floor space.
____________
There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway

Ed_00_12r

Novice Class
Posts: 54

posted April 19, 2005 03:32 PM

Post if / when you receive a citation. I'd love to hear what happens next...

____________
Ed

2000 ZX12R
2001 Camaro SS

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CrotchRocket

Moderator
Bracket Racing with Betsy
Posts: 8038

posted April 19, 2005 04:32 PM

Hey red... If I remember correctly, didnt you state in the letter to them that you use the small trailer to haul the race equipment???...The items used to support the racing???

Bastages always find that one word to stick it to you!!!
____________
Jason Miller StreetBike Seminars

*****DragRacers do it better, because they dont cut Corners*****

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fish_antlers

Administrator
The Truth is Out There
Posts: 21894

posted April 19, 2005 05:08 PM

red... my take on it is this:

get 2 seperate letters from them..

The first okaying the Continental..

The second denying the wells cargo.

You need to make sure that there is no mention of "the other trailer" in each letter. Then, once you have your confirmation of the Continental on the books, you can start the whole dang thang over again with the WC...

hey... stickers... banners... article your were gonna write... man... this trailer thang is killin us! we need you back!
____________
What business is it of yours where I'm from, Friendo?

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redelk

Moderator
Please... speak to the hand.
Posts: 3212

posted April 19, 2005 07:14 PM

CR - yes, they are trying to hang me with my own words in reference to the Wells Cargo being a support trailer for the larger one. It boils down to their phrase they oh so embrace... designed intent. Since the WC is designed to be a motorcycle hauler and it's payload is well under 2,000 lbs, they are going to have a much harder time trying to get anything to stick on that one. Especially since my original letter to them described it's main use as fitting it's designed intent.

Fish - the "second letter" will have to come in the form of citation or notice. Since they had no plan on giving me anything in writing, I'll have little control over how they draft it or it's contents. Seeing as how the old man that started all of this is getting no satisfaction, he will likely have to throw in the towel on this one. He never had a problem with the WC trailer and it took him half a year to get up the balls to complain to me directly, albeit anonymously.

I might not be able to wait until Christmas before sending him "anonymous greetings" from BMR. Depending on the content of the letter from the city, I might just send him a copy of it in a plain, unmarked brown envelope and sign it, "Nice try. Sincerely, Mr. Racer". If that won't scare the shit out of him (me knowing where he lives) and gets him to shut up, I don't know what will.
____________
There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway

Ra12r

Zone Head
Posts: 919

posted April 20, 2005 05:00 AM

Red, having fought these types of situations previously with some "Zone Police", I would certainly think twice about "FLOUNGHTING" a so called win. You have recieved you GIFT, so in all wisdom.......................BECOME INVISIBLE AS SOON AS POSSIBLE!!!!

I would definitely get a letter in writing from the man that called you as Fish subjested. Move the little trailer for a month or something so that it APPEARS that you are also responding in a spirit of cooperation. Once you fall off the radar then everything will be totally dead.

I say remove the little trailer, because I would guess that you will be "observed" regarding your response to their orders to remove the little trailer. You do NOT want them to reconsider the gift that ONE MAN just gave you and turn it over to the "COMMITTEE"!!! However, if you do not let them win something too, that is exactly what YOU WANT to happen. Kenny Rodgers tried to teach us all something with his song.

I am very happy that you have gotten more than I ever expected, as your letter was simply your OPINION of INTERPRETATION. Bring your little trailor back after a month or so and DONT act like a child with your problem neighbors and it will all calm down and go away for good!

Just my opinion from some experience, as life is too short to not flow to win.
____________
All must bow to the "Ra Supremecy"...

redelk

Moderator
Please... speak to the hand.
Posts: 3212

posted April 20, 2005 05:42 AM

quote:
DONT act like a child with your problem neighbors and it will all calm down and go away for good!

Wise advise
____________
There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely games.
-Ernest Hemingway

bigju

Expert Class
Posts: 238

posted April 21, 2005 06:51 PM

Screw that ! Be a child go TP the old farts house, put dog shit all over his porch. Do something that you can laugh at, he should mind his own business. Really, I'm glad things worked out. Maybe now he will leave you alone as will the city. It sucks when you have someone trying to be the head of YOUR house.

Michael Lee