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Zoning ordinance
Question:
>My first inclination is to oppose it–why would there be >such a ordinance in the first place? Safety reasons? I’m also >concerned that he’ll want to add an ugly addition that’s going to be >all I see when I look out my kitchen window!
The ordinance was probably enacted in recognition of the difference between the activities that commonly occur upon commercial properties and those usually practiced upon residential properties, and to mitigate the effects of the former upon the latter. Business use of property is generally more intensive (at least during business hours) — more people, more cars, more noisy/smelly/unsightly actitivies. People like to have peace and quiet in their homes, and zoning ordinances are designed to accommodate that desire. I suggest you pay a visit to your local planning department to discuss the situation with them. Although there may be special circumstances that warrant the variance, my inclination would be the same as yours: to protect my property from the effects of my neighbor’s conversion of his property to business use. Frame Surveying & Mapping 609 A Street Davis, CA 95616
Response:
> My property (in a residential zone) abuts property that is zoned for > business. My local zoning board has informed me that the owner of the > business property (a nice former duplex) wants to build out from the > back of his property (toward my house) and needs a variance. Apparently > there must be 25 feet between the business and the residential property > line. He wants to build out 12 feet, reducing the distance from his > building to my yard to about 12 feet. Has anyone had any experience > with this? My first inclination is to oppose it–why would there be > such a ordinance in the first place? Safety reasons? I’m also > concerned that he’ll want to add an ugly addition that’s going to be all > I see when I look out my kitchen window! Can anyone give any advice?
You definitely, 100% do not want this buffer reduced. 25 feet is actually too small, IMO. But what to do completely depends on your locality. For example, in my town, if an adjacent property owner files a valid protest petition, then it takes 75% (6 of 7) instead of 51% (4 of 7) members of the town council to approve a zoning change. You should call your town planning office and speak to them about this. Ask them what the procedures are for protesting. They’ll probably be helpful, as professional town planners usually are not in favor of this kind of BS, and when it happens it’s usually because the politicians on the council override them. Mike
Response:
In general, you want to OPPOSE THE VARIANCE! I had a similar situation, you want to go to every planning board meeting and go to the planning office to review draft site plans. In my situation, there was no application for a setback variance, but other minor site plan variances. Since I abutted the commercial site just like you, I was highly motivated to keep the finished project from being an eyesore or nuisance. I insisted that fencing and shrubbery buffers be put in according to ordinance and opposed those variations. The board listened to me. It helped that I was reasonable, had realistic objections and expectations, and did not insist on anything farfetched, like that there could be no development. Just what do the site plans look like? If the building is coming out 12 feet, was is going between your property and the back of the building? A dumpster? A driveway? I would not be surprised if they were. Nuisances like that are a good reason to disallow the building coming any closer to your property line. Do you want the business looking in your kitched? Do you want a service/delivery entrance on top of your backyard? If you had a big lot, and the 12′ extension coming close to your property does not loom in your kitchen windows or favorite part of the yard, you might not care to oppose the variance. But even so, I would trade no opposition for lots of buffering shrubbery and a nice fence. Even if the extension plan were dropped, I would make sure that any changes to the site included upgrades to conform or exceed current ordinances regarding buffers. Get specific changes in the site plan, do not rely on developer’s promise to make the site look nice. Been there, been scared, worked out a plan. Bill T. > My property (in a residential zone) abuts property that is zoned for > business. My local zoning board has informed me that the owner of the > business property (a nice former duplex) wants to build out from the > back of his property (toward my house) and needs a variance. Apparently > there must be 25 feet between the business and the residential property > line. He wants to build out 12 feet, reducing the distance from his > building to my yard to about 12 feet. > Debbie Peterson
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Response:
My property (in a residential zone) abuts property that is zoned for business. My local zoning board has informed me that the owner of the business property (a nice former duplex) wants to build out from the back of his property (toward my house) and needs a variance. Apparently there must be 25 feet between the business and the residential property line. He wants to build out 12 feet, reducing the distance from his building to my yard to about 12 feet. Has anyone had any experience with this? My first inclination is to oppose it–why would there be such a ordinance in the first place? Safety reasons? I’m also concerned that he’ll want to add an ugly addition that’s going to be all I see when I look out my kitchen window! Can anyone give any advice? Debbie Peterson