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-   -   Million dollar home to be torn down due to zoning violation (http://www.diychatroom.com/f39/million-dollar-home-torn-down-due-zoning-violation-81697/)

Scuba_Dave 09-18-2010 08:21 AM

Million dollar home to be torn down due to zoning violation
 
Supposed to happen Oct 4th
It was unclear exactly where the measurement occurs
But the house was built too close to the property line by 12'
One neighbors ocean view is partially blocked
Legal battle has been going on for 15 years

http://www.gloucestertimes.com/local...head-torn-down

Michael Thomas 09-18-2010 09:19 AM

I'm surprised that they don't just shave 12" off the house.

Scuba_Dave 09-18-2010 09:32 AM

Actually its 12'...feet
There may be another issue too
But I think its 12' along the entire length facing the ocean

WirelessG 09-18-2010 09:59 AM

sucks for that guy....

steveel 09-18-2010 10:00 AM

Assuming they have an otherwise compliable spot, I wonder what it costs to pick up a million dollar home and slide it over? A lot less than the cost to rebuild, I bet.

kenmac 09-18-2010 10:14 AM

If the town's building commissioner & zoining approved it. Looks like legal action against the town.. You can't build anything here without zoining approval & inspections

steveel 09-18-2010 12:28 PM

Quote:

Originally Posted by kenmac (Post 503250)
If the town's building commissioner & zoining approved it. Looks like legal action against the town.. You can't build anything here without zoining approval & inspections

Article said the guy built the house with actual knowledge the building permit would be challenged in court. Hard for me to see judge or jury taking too much pity on the fellow who knew the risk and refused to be patient while issue sorted itself out. Yeah, I know there would have been a certain cost in delaying building. Cheaper than the cost of 15 years of litigation, completing the home, and then tearing it down.

Why does everyone instantly think "sue" instead of "personal responsibility for my choices"?

Handy Vinny 09-18-2010 01:27 PM

Quote:

Originally Posted by steveel (Post 503304)
Why does everyone instantly think "sue" instead of "personal responsibility for my choices"?

I more or less agree with everything you said, but please keep in mind that sometimes, in certain situations, lawsuits are in best interest of everyone involved.

Thurman 09-20-2010 08:30 AM

Case in court now in Fairbanks, AK. Homeowner bought lot on side of mountain, built house with approved permits. But, when three story house was finished it partially blocked the beautiful valley view of another home behind it. Older homeowner now suing to have house removed. Where will it end? David

Red Squirrel 09-20-2010 10:29 AM

Ouch. That sucks. Wonder if they could somehow pay a fee to rezone or something. Probably less work then rebuilding.

Tizzer 09-20-2010 02:12 PM

Quote:

Originally Posted by Handy Vinny (Post 503346)
I more or less agree with everything you said, but please keep in mind that sometimes, in certain situations, lawsuits are in best interest of everyone involved.

Now why doesn't that surprise me. The guy probably walked too loud also.

So this case has been dragged through the courts for 15 years with no outcome.:huh: The lawyers involved probably racked up enough money for their own million dollar beach home.

kenmac 09-20-2010 04:25 PM

Quote:

Originally Posted by steveel (Post 503304)
Article said the guy built the house with actual knowledge the building permit would be challenged in court. Hard for me to see judge or jury taking too much pity on the fellow who knew the risk and refused to be patient while issue sorted itself out. Yeah, I know there would have been a certain cost in delaying building. Cheaper than the cost of 15 years of litigation, completing the home, and then tearing it down.

Why does everyone instantly think "sue" instead of "personal responsibility for my choices"?



why would they issue the building permit if they know of possible problems?? Alot to go through here to get a building permit

steveel 09-20-2010 08:17 PM

First, the article did NOT say the building dept officials knew about the threatened lawsuit when they issued the permit.

Second, IMO those civil servants in the planning and building depts across the country are some seriously unsung heroes, for the most part. (Yeah I'm sure we all know an exception or two.) So there they are in the office. Applications with grey areas routinely show up, and sometimes people fib about the facts on applications or make honest mistakes about the facts. So when a borderline application arrives, what's the poor underpaid civil servant supposed to do? Deny the permit in the face of the person in their office who may really be pissed after buying their land, or issue the permit when some unknown figure may or may not be upset about that when they find out later, and then that unknown person may or may not be so upset they are willing to sue, and then that unknown person may or may not have the money to actually pay a lawyer?

lanemiller 09-22-2010 04:47 PM

sounds like a tough job and i never thought about it in that perspective before. I would think they could clean up these grey areas so these employees arnt put in a position like that.

concretemasonry 09-22-2010 06:35 PM

How about the old case in California where person built a new home with a view and got into drainage fight with and oowner of the lower property when he would not correct his runoff. The lower person legally planted some trees for privacy because of the encroachment. After the upper person would not correct, the lower owner just ignored him and spent money to get rid of the excess water.

The trees continued to grow, so the upper owner sued for blocking his view. There was no decision based on the information and evidence, so the situation dragged on for 10 years. Another person bought the upper land and was told the trees were illegal planted. The second upper owner sued. - Do you know how big a Eucalyptus tree can get in 15 years?

Things are not as simple as they first appear.


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