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Condo tower being built in back yard

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Catruler

Junior Member
What is the name of your state?DE :(

Negotiations are being carried out now for the construction of a 10 - 20 story condo tower behind my house. My house is only 15 feet off their property line (presently an abandoned school building) and their lot is small (less than an acre) so the construction will seriously disrupt our enjoyment of our house. What different rights do we have to protect ourselves from noise, damage, dust, health problems, construction parking, etc etc. This site is also uphill from us, and we share a common fence.

What can we do now while the drawings are still being made, and what can we do later when the construction commences?

Yes we're all bitter on my block and would like to sue everyone involved, but we're trying to be more practical ;)
 


HomeGuru

Senior Member
Catruler said:
What is the name of your state?DE :(

Negotiations are being carried out now for the construction of a 10 - 20 story condo tower behind my house. My house is only 15 feet off their property line (presently an abandoned school building) and their lot is small (less than an acre) so the construction will seriously disrupt our enjoyment of our house. What different rights do we have to protect ourselves from noise, damage, dust, health problems, construction parking, etc etc. This site is also uphill from us, and we share a common fence.

What can we do now while the drawings are still being made, and what can we do later when the construction commences?

Yes we're all bitter on my block and would like to sue everyone involved, but we're trying to be more practical ;)
**A: does the current zoning of the property allow construction of such a tower?
 

nextwife

Senior Member
It is very possible this is municipally owned land (abandoned school site) being converted from it's present use. I have been involved with many redevelopment projects like this by municipalities. If it is the city/county that is courting the developer to do this project on this site, because of the large property tax benefit to the municipality, the rezoning will not present a barrier, if needed, by the developer. Cities generally rubber stamp such projects, when they take property not on the tax roles and greatly enhance the tax roles via the new use. Especially if their Department of City Development was involved in bidding the site or soliciting proposals.

One way I think you might possibly defeat this project is by getting enough voters to work with your local representative to fight it. But be advised that there is probably NO taxes coming into your municipality from this site now, compared to taxes based upon the combined sales prices of all units once sold. That is a lot of dollars to convince the municipality to give up.

Perhaps all neighbors who are opposed can get together and hire a zoning/municipal RE attorney to research any potential legal challenges.
 

Catruler

Junior Member
HomeGuru said:
**A: does the current zoning of the property allow construction of such a tower?
Yes it has the zoning (C4 is very permissive, has no height restrictions). And yes they are probably very fond of receiving taxes from new residents versus letting a non-profit entity remain there.

So the building will most likely receive all the permits and approvals that might be required. But what are our rights during this process? Are we supposed to live in our houses during two years of construction at their mercy?
 

HomeGuru

Senior Member
Catruler said:
Yes it has the zoning (C4 is very permissive, has no height restrictions). And yes they are probably very fond of receiving taxes from new residents versus letting a non-profit entity remain there.

So the building will most likely receive all the permits and approvals that might be required. But what are our rights during this process? Are we supposed to live in our houses during two years of construction at their mercy?
**A: you answered your own question. Rights? Talk to your elected politicians.
 

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