• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Zoning Problem

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

Sunny

Guest
Hi, I am hoping someone can help me with some advice. I live in Northeastern Ohio. A few months ago my Husband, son and I moved into a fifth wheel trailer in my parents back yard. We are having some financial trouble due to my husband being totally & permenately disabled. We did not know when we moved in here that we needed a permit to do so because this area is not zoned for trailers. We contacted the township trustee and he told us that we could apply for a hardship permit. Due to the fact that my husband is disabled and we are having financial difficulty. We needed to contact the health dept and also get a permit to hook up to the septic. Well, when we did that and they came to check the septic they found out it was not working properly and that my parents needed a new one. We went to a township meeting in front of the zoning board. we told them we would have to replace the septic and then we would like to apply for this permit. 3 of the 5 board members were very nice and it seemed like they were willing to help us out but the other two did not want to do it. They said that the trailer was not big enough to meet there specifications. I asked them what we could do about this and one of the said "nothing at all" Well it just so happened that a township trustee was sitting in listening. He stood up and said that is not so they could file for a varience for the size and reschedule the meeting. So we rescheduled and we are suppose to write a letter and ask for a size verience. and take it to the zoning inspector wed night. We are going to ask for about a month or two delay on the next meeting due to the fact that it will take that long to get a new sepitc and a permit from the health dept then. Also after the meeting with the zoning board one on the board members called us at home and said we were going to have a hard time getting a permit from them even after we do all of this. We have a letter from my husbands doctor stating that he is totally disabled and it would be best for us to live here for a while. We also have a letter from the neighbor that shares a driveway with us saying she had no objections at all. When we went to this meeting the zoining inspector had all of this paper work that he gave to the board. he did not give them the letter from the neighbor untill we asked them about it. They said they had no such letter. Then he spoke up and said he did have it. My questiong are:

1. If there is a law in the books that gives a hardship permit and we have all of the necessary papers how can they say no. We know of another person in the same township that has been doing this for 4 years and keeps getting extentions on there permit. How can they let one person have it and not another.

2. What can we do legally to obtain this permit. What are our rights? this may sound stupid but how do we know what our rights are.

3. Can they force us out. It is not illegal to have this trailer on the property just for us to live in it.

4. Can we legally go and ask for a delay in the next meeting untill we get the septic problem dealt with? Can they deny giving us more time?

I would greatly appreciate any advice. I am sorry this is so long and broken up. I am not very good at putting my thoughts into words.
 


S

Sunny

Guest
I don't know what you mean by Cliff's Notes version. This is the first time I have ever used this board. Sunny
 

HomeGuru

Senior Member
The limited abbreviated version, the quickie type sans foreplay, short and sweet, 45 rpm instead of the LP, compact Honda Civic rather than the Chevy Surburban, dolphin vs. the whale, the Reader's Digest condensed, microwave, Superbowl commercial, long distance calling, The Jenny Craig and Weight Watchers diet, trim the fat so it's lean and mean, just the facts Mam..........

[Edited by HomeGuru on 11-26-2000 at 03:36 PM]
 
S

Sunny

Guest
okay, We moved here in August not knowing we needed a permit. Zining inspector came to door, Move out in thirty days. Called Township trustee. He said ask for conditional hardship premit. get this Paperwork & go to meeting. We did. Had all paper work except septic premit. they did not want to give us permit even if we has septic permit because of size of trailer.I feel this is just another excuse they do not want us here period. Found out we could ask for a varience for size. What are our rights? What are the steps of appeal. If others are doing it does that mean they have to let us do it. How long does appeal process take. Sunny
 
J

Jack Mevorach, Esq.

Guest
With zoning variances, you win on appeal if it can be shown denial of variance was arbitrary, capricious or without basis in law. That's the gist of it. I don't know time frame but you need permission to stay while it's pending.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top