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I'm Gloating!

otterpop

Cyburbian
Messages
6,655
Points
28
Perhaps I should be a bigger person about it, but I can't. For more than a year I have been trying to bring this one fellow into compliance with the subdivision regulations. I sent him numerous letters, and threatened enforcement time and time again. But he managed to get extensions to "work it out." Always promising that he had paperwork that would support his case.

The problem was he has four dwellings on one-acre, and all on a shared well and two over-burdneed on-site wastewater treatment systems, including a garage that was converted to an apartment and illegally hooked to a under-sized drainfield.

Finally I got him to turn in an application for subdivision review. It was incomplete, but I went ahead anyway. I built a good case for denial and recommended it in my staff report. The applicant came back and said he thought it was just a formality and thought his subdivision approval was a given. Yeah, right.

He lawyered up and got another extension. They provided some self-serving affadavits from previous owners of the property (who were also not in compliance).

Today the Commission made their decision. They denied the subdivision, based on Staff's findings. Even the Commissioner who almost never votes for a denial voted to deny.

As I said in the beginning of my post, I should be a bigger person about it. But I did take at least fifteen minutes afterwards to gloat with my coworkers and privately. And now I am gloating here.

Since I was feeling so good and possibly on a roll, I bought a couple lottery tickets too. :-}
 

SGB

Cyburbian
Messages
3,388
Points
26
Once again showing that persistance pays off

Congratulations! :b:
 

Dragon

Cyburbian
Messages
751
Points
21
I hate it when I have a job to do, and people try to get around their end of the deal.

Show them who is boss! Time to celebrate :b: :b: .
 

Gedunker

Moderating
Staff member
Moderator
Messages
11,196
Points
36
Congrats, otterpop! Gloating as you have described (basically privately) is good :-}

I had a similar case with an illegally converted garage and finally got the owner to have it surveyed. Lo! and Behold! it is 15' more or less into the state's limited access r-o-w. Lady, you think I'm mean? Wait till you tell the DOT your story. Bwaaaahaaaahaaaa haaaaahhahaaaaaahahahahaaaaaa!
 

GeogPlanner

Cyburbian
Messages
1,433
Points
25
i remember the days of showing someone the light...getting that outspoken community member on your side after a charette...or in your case getting the satisfaction and that you are right and not having a commish just let the guy get
b(u)y.
 

Plannerbabs

Cyburbian
Messages
1,038
Points
23
Congrats! That's always a great feeling, having someone else acknowledge the rightness of the ordinances (and you). :-D
 

michaelskis

Cyburbian
Messages
19,709
Points
46
Congratulations! Hearing stories like that give others hope that someday people will get what is coming to them.
 

Rumpy Tunanator

Cyburbian
Messages
4,473
Points
25
michaelskis said:
Congratulations! Hearing stories like that give others hope that someday people will get what is coming to them.
I know somebody ready to get somebody for a headset wearing incident;)
 

PlannerGirl

Cyburbian Plus
Messages
6,377
Points
29
Kick hinny! Way to go! It IS wonderful when some pain in the rump person gets their nose rub'd in a mess they made.
 

Maister

Chairman of the bored
Staff member
Moderator
Messages
27,709
Points
67
A heart-warming tale. I'll be sure to include it in my next publication, "Chicken Soup for the Planner's Soul".
It made me as happy to read that one as the one about the guy who searched far and wide to find a community that had no zoning so he could be free from "government oppression". He found one. No sooner did he spend his life savings building his dream home/bait shop there, then someone bought up the property right across the street and built an auto race track..... :-b
 

plankton

Cyburbian
Messages
751
Points
21
Okay, good work, but where does the City (county?) go from here. Maybe I'm missing something but didn't you require the applicant to "retrofit" a subdivision application for a pre-existing development? If so, and the board denied the application, then.....

....are you going to initiate abatement procedures to require demolition of (some of?)the dwellings? If so, (not to be a doom 'n gloomer) but your work has just begun, my fine friend.
 

Gedunker

Moderating
Staff member
Moderator
Messages
11,196
Points
36
Plankton, you bring up some good points. Here, if a subdivision is denied, the commission is compelled to explain -- in writing -- what elements do not meet the subdvision control ordinance so that the developer can make any necessary changes. Ultimately, state statute compels approval if the subdivision meets ordinance requirements (dimensional standards, mostly), no matter how idiotic the approval may be. Impact fees, while possible, are exceptionally difficult.

I have wanted our commission to compel demolition of a new dwelling after it was built over a PL, but they instituted a mandatory survey requiement instead.
 

otterpop

Cyburbian
Messages
6,655
Points
28
plankton said:
Okay, good work, but where does the City (county?) go from here. Maybe I'm missing something but didn't you require the applicant to "retrofit" a subdivision application for a pre-existing development? If so, and the board denied the application, then.....

....are you going to initiate abatement procedures to require demolition of (some of?)the dwellings? If so, (not to be a doom 'n gloomer) but your work has just begun, my fine friend.
No one is more aware than I that this is not over. I was just celebrating a long-fought achievement. In their denial, the Commission gave the Applicant six months to move his renters off the property. He will need to get a trailer court license and there is some doubt he can fulfill their requirements. At the very least he will have to reconvert the garage apartment back to a garage.

I am sure at some point his lawyer and our lawyer will do battle. As we like to point out to violators - "Your lawyer gets paid by the hour. We pay ours by the month." And our county attorney is one game rooster.

So, my fine friend, we will get it done.
 
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