town is making me move my brand new shed

[nextwife]

The other problem is that if they DO grant a varience, anyone else can point to your situation and say "How come you let him do it? Why can't I build my "X" in the same setback distance?" This is NOT just about your individual shed, but about the right off the community to decide it's standards and expect their residents to comply, or face the consequences of failing to do so.

BY all means apply for and attempt to get one- just don't presume you will be granted it. Your neighbors likely also have the riught to object to any variance. When a guy up the street was requesting permission to expand the lines of his front entry a bit forward of the front setback (he backs to the not-so-stable bluff overlooking Lake Michigan, so building backward is not an option for him), we were sent notice of the variance request and had the right to object.

Just be glad it wasn't a HOUSE. There was a case here where a builder messed up and built too far across the side setback in an established suburb. The neighbor brought suit for enforcement- because this was a huge manufactured home that was trucked in and set on the readied basement in one day. The neighbor came home to find this two story home way too close to the side lot line where that morning an empty foundation had sat.

Guess what? The house had to be moved.

 

[gregross823]

Final Decision - moving the shed

I want to thank everyone for their input on this issue. It probably saved me a lot of future headaches.
I did talk to the town one more time, and asked if they would be gracious enough to help me out. The were leaning towards doing it, but the fact that my neighbor actually complained about it is why they have to enforce the easement.
So, I built another frame in front of the shed to add to the concrete pad. I added the stone, and will be mixing the cement tomorrow. Hopefully then I can slide the shed forward and saw off the back end of the pad.

Anyways,
Thanks again all. I appreciate it!

 

[HomeGuru]

Another resolved issue.

 

[rmet4nzkx]

Another resolved issue.

If he was in Florida he might be able to float it to a new location.

 

[HomeGuru]

If he was in Florida he might be able to float it to a new location.

**A: no, it would sink.

 

[Florid-aise]

If he was in Florida he might be able to float it to a new location.

Not once, not twice, but seventeen different times has that very thing been done just on account of the bargains "there" that needed to be placed "here"; in regards to the needs of the "Fam".

Why shucks, the folks next door even did it with their house too.

Slower than, and less expensive than a helicopter, but really quite effective if you happen to have waterfront property.

Start to fininish, liveable in about two weeks. Cool huh?

 

[PghREA]

Did you ever hear the expression "you can't fight city hall"?

Sure you can stand up for your rights, show then all types of documentation,
plead ignorance but, you will just end up poorer and you will still need to move the shed.

 

[trueliberty]

I understand the comments that you can't beat city hall, but if "all people" would stand together, yes, the people could beat city hall, but education is the answer, not a fight at the expense of your savings.

I can only open your mind a little bit to allow you to look into a window of the legal world, and here are the questions we use for that.

1. Who, where, why and how, did the opposing party [city ordinance, etc.] gain jurisdiction over my liberty and property?
2. Did the opposing party, provide me written evidence of the nature and cause of the offense, and how the law actually applies to me in my personal capacity on my personal property?
3. Is the city attempting to apply commercial law to me as an individual, and if so, is it acting in harmony with the consitution?
4. Did I respond to the city in writing with my evidence? Did I in essense initiate and complete an administrative process to allow the courts the grounds to make a decision, do I or don't I need to move my shed?
5. Have I committed a breach of contract or caused a tort? Is there a complaint by not the city, but by one of the people against me?
6. Have I done anything to allow government to invoke "police powers" over me? etc. etc.
7. I know the average person cannot afford to fight this battle, but the average person can learn who, what, why and how they are interacting with parties such as the city.
8. Although I also would in this case recommend you just moving the shed now to limit total expenses, as the city will fight because they know you don't know how to fight back and they will charge fees, penalties, etc., the longer this goes on, the more they will charge.
9. Yes, most of us know that cities want us to believe we must have permits and they want us to believe that we must jump at their command, and unfortunately, until the average individual opens their minds, studies and learns, it will be hard to find attorneys that will take up the fight with us and remind the cities, etc. that state statutes were created as guidlines for government, not as control over the people. No, we cannot hurt others or breech contracts, but yes, lawfully, we do have rights that cannot lawfully be taken away from us. Unfortunately, americans don't know how to protectheir rights so it is easy and the "way of the main stream" to allow our rights to be hindered.
10. I have a recommendation, that if only for the sake of understanding, will help you understand what you are dealing with. If you can't fight city hall right now, at least understand why, other than "just because" everyone says you can't. Read the book by Marc Stephens "Adventures in Legal Land". You can get it at marcstephens.com. I believe, if that is incorrect, just do a search on the internet, you will find it. Don't be swayed by his first adversarial way of writing, read the entire book, and open your mind, you will begin to see the message he is sharing. It is an eye opener and it helps us understand what is really going on, even if we can't pursue a particular fight at this time.
11. We do have rights, and all I can say, is there are people in every state that are fighting this very battle for you. The protection of liberty of the people, yes, even little "private property" issues such as yours, and the "due process" which is our protected right by law, even though entities such as the cities steal these rights from us everyday. They have a way or putting up a pretense of good faith and fairness while in reality, tromping all over our liberties, because we the people, are not educated in how law really is supposed to work.
12. Don't fight, the shed is an important issue, but not one you can win on your own without attorneys that are willing to think outside the box, but it is a fight people are taking on for the benefit of us all.
Good luck, and READ the book.

 

[PghREA]

The problem is that you didn't follow the rules. The first step is to get the permit (which is relatively cheap), get approval and then build.

 

[rmet4nzkx]

This thread was posted 3 months ago and the problem solved, Florida responded to a joke, and the other two just like to argue for the sake of arguing. OP learned from his mistake but it was not a total disaster he reached a compromise, a lesson for everyone.