responsibility for moving guy wire

[mkathyf]

What is the name of your state (only U.S. law)? Ohio
I am not sure which thread to post this question, so hopefully this is OK.

My husband purchased a commercial building at auction. There has always been on exit and in order for cars to exit they would infringe on the neighboring property's parking lot.
The city has told us that minimum requirement for entrance and exit is 12' (one way) so...24 feet in/out.
The existing entrance is a tad over 12'...and cannot be widened due to a utility pole.
An additional entrance can be made, if the guy wire, from the utility pole, is shortened by 2'....because the combination of the pole and guy wire prohibit another entrance onto the property.

Ohio Edison has come out and they have said that they can move the guy wire by 6' (basically just shorten the span)....which will allow us to have another entrance per city code.

My question:
Should it be our full responsibility to pay Ohio Edison ($2300.00) to move the guy wire when their original placement of the guy wire prevents our ability to have proper entrance and exit from the property?
If they can move it in by 6', shouldn't they have done that in the first place?
As it stands, looking at our property from east to west, we have the 12' clearance to the east, then a utility pole, then the guy wire, which stretches west to approximately 5' from the end of our property line.

I have even suggested splitting the cost....but the supervisor has not returned my calls.

Thank you in advance for your responses.

 

[justalayman]

Should it be our full responsibility to pay Ohio Edison ($2300.00) to move the guy wire when their original placement of the guy wire prevents our ability to have proper entrance and exit from the property?

If they are within their legal easement, the entire cost is yours. Actually, if they are within their legal easement, they don't ahve to move it at all.

 

[OHRoadwarrior]

From experience, they stick those suckers basically anywhere they want, within their easement. The modification cost is on you. I suggest when it is done, you leave room for customers/trucks to curb hop in and out. If possible, consider a 12' and 12' with the pole in the middle.

 

[mkathyf]

That is what we are trying to do....have a 12' and a 12'...but it is impossible to do unless the guy wire is moved a few feet.
The length that they stretched the guy wire from the pole, prohibits any more than a 5' opening, which of course is not enough.
So, basically, because of the placement of the utility pole and the amount of space taken up with the guy wire (probably about 20'), we have virtually been prevented from having proper access to our property...unless we pay $2300 to have the wire shortened.

 

[justalayman]

That is what we are trying to do....have a 12' and a 12'...but it is impossible to do unless the guy wire is moved a few feet.
The length that they stretched the guy wire from the pole, prohibits any more than a 5' opening, which of course is not enough.
So, basically, because of the placement of the utility pole and the amount of space taken up with the guy wire (probably about 20'), we have virtually been prevented from having proper access to our property...unless we pay $2300 to have the wire shortened.

that's what it sounds like to me.