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Parking Pad Code Violation - Internet Lawyers Needed


ForeverMaker

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I live in Gahanna. Westerville Schools. Columbus Taxes.

 

I bought my house 3 years ago and it has a cement parking pad to the left of the driveway. It was apparently built in 2003 two or three owners ago. There was apparently no paperwork filed (if it was, it was lost or mis-handled by the city).

 

Now, after nearly a DECADE of it being there, the neighbors (closest to the pad) filed a complaint about it. The city called me, we talked about it and he recommended I remove it.

 

I told them I would wait to get official notice and now I have -- A coding violation.

 

I submitted an appeal yesterday and I go before the board January 24th. Now at the appeal/board hearing it is to decide if there is indeed a violation, which technically I guess there is. So I am guessing I will be denied, then I will appeal the denial.

 

After all that I will have to file for a variance which cost $300. Not a big deal because it will probably be cheaper than removing the pad.

 

So, my question comes down to -- who has dealt with something like this before and what is a good approach to the appeal or the variance hearings? I have solid reasons for the variance request as to why I should have the pad there, but any other insight is helpful.

 

Thanks CR!

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If you do need it taken out and one of the guys on here cant get it done, let me know and I will see if my old work(concrete saw company) can get you a deal.

 

Thank you I will keep that in mind.

 

according to gahana? or your home owners accociation.

 

if the later, then i would tell em to do it themselves.

 

City of Columbus. We don't have an HOA.

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I'm pretty sure a parking pad is allowed. Parking in grass I'm pretty sure isn't.

 

I looked into this issue years ago when I lived in westerville and I think the pad just has to be stone, concrete, etc. Now as said above it could be to close to a property line or something technically making it a code violation. Tell us the exact violation. Or is it a violation simply because no permit was ever issued for its construction?

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When you closed on your house, didn't you have to pay for some kind of insurance for crap like this? Seems like that is included in the $8000 in fees. I could be wrong but I thought I remember that.

 

Title Insurance. That mainly protects you from claims on easements and such.

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What is the actual code violation? I thought we could get one, but now you have me worried we can't get one installed.

 

Just get a certificate first! Have reasoning behind why you need one.

 

I'm pretty sure a parking pad is allowed. Parking in grass I'm pretty sure isn't.

 

I looked into this issue years ago when I lived in westerville and I think the pad just has to be stone, concrete, etc. Now as said above it could be to close to a property line or something technically making it a code violation. Tell us the exact violation. Or is it a violation simply because no permit was ever issued for its construction?

 

My violation is 3305.01. There was supposedly never a certificate of zoning clearance submitted. However as they city explained, you cannot have a pad extending past a garage anyway. It is about a 50/50 chance of them approving it.

 

My appeal will be that there WAS one filed but it was mishandled.

 

3305.01 - Certificate of zoning clearance.

A certificate of zoning clearance is required and shall be obtained from the Director prior to the construction or alteration of any building or structure; the establishment, change, or modification in the use of any building, structure or land; or the grading, excavating or filling of land.

Further, no person shall maintain or permit the continuation of any use unless and until a certificate of zoning clearance has first been issued for said use.

 

When you closed on your house, didn't you have to pay for some kind of insurance for crap like this? Seems like that is included in the $8000 in fees. I could be wrong but I thought I remember that.

 

Yep, this will be my next step if in the end I have to pay for removal. I am going to do everything in my power to not have to pay anything out of pocket.

 

If this thread can help someone avoiding this situation in the future then that the least I can hope for. :fuuuu:

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I'm in Columbus, and there are plenty of garages with Pads next to them in my neighborhood. Do you have the code stating no pads next to the garage? I find it hard to believe they can go after you If it's there when you bought the house. :confused:

 

http://library.municode.com/index.aspx?clientID=16219&stateID=35&statename=Ohio

 

http://library.municode.com/HTML/16219/level2/TIT33ZOCO_CH3305ZOADENPE.html#TIT33ZOCO_CH3305ZOADENPE_3305.01CEZOCL

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It amazes me how miserable some people in the world are.

 

probably some old fuck thats got nothing better to except wait to dye.

 

I would fight it til the end and I would also do everything you can think of to make your asshole neighbors life hell legally until the end of time.

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It amazes me how miserable some people in the world are.

 

So true.

 

I'm in Columbus, and there are plenty of garages with Pads next to them in my neighborhood. Do you have the code stating no pads next to the garage? I find it hard to believe they can go after you If it's there when you bought the house. :confused:

 

Yes there are, but you have to get a permit as they are not allowed (from what the city keeps telling me).

 

probably some old fuck thats got nothing better to except wait to dye.

 

I would fight it til the end and I would also do everything you can think of to make your asshole neighbors life hell legally until the end of time.

 

You nailed it. And yep I am going to do whatever I can.

 

Why did your neighbor complain? Now you should research shit you can nail them for..

 

I honestly don't know. We are extremely quiet (no dog or anything) and have been on good terms with them for the 3 years we have lived there. This was out of no where. I will definitely be doing research. :gabe:

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