Posts
11539
Joined
1/3/2010
Location
Norwich, KS
US
plowboy
6/21/2019 8:48pm
6/21/2019 8:48pm
Edited Date/Time
6/24/2019 2:48pm
Down and dirty...2 years ago the head of the city council (also owns the hardware store and post office) pulled me aside and asked if I'd have any objections if the city sold the lot next to my house for a manufacturing business (it was zoned commercial not industrial). I'm not stupid and knew this would adversely effect my property value but also knew it creates jobs and taxes that keep the school open. I told them I have 2 stipulations...be a good neighbor (never ever block my drive) and if I ever get laid off...I want a job. They were ecstatic. They knew my objection would stop the rezoning.
Fast forward...the guys business is booming. 3 shifts and he's working his ass off. Good on him....but here's the problem. As a machine shop, he creates a shit ton of titanium, stainless, and aluminum shavings (2 to 3 inch metal squiggles). Sharp as razor blades. His recycle dumpsters are always overflowing and his workers spill a lot heading to the dumpsters. Needless to say, my yard is full of shavings. Everyone in my family runs around barefoot...or we used to.
I've pointed it out to this guy and his fix was to get bigger dumpsters which are still overflowing and his folks still spill on their way to empty. I grabbed the city council lady when I went to check my mail. Told her the situation thinking she might have a private word with him. Now, it seems, I need to make a formal complaint with the council. I told her I didn't want to make a stink but she was all official about it.
So now I'm thinking ill just sue his ass and have the lawn scrapped and have him pay for a re-sod. Can you guys think of a different way to handle this? (I'm not talking about a few pieces of metal...I mean aluminum Christmas tree covered in tinsel).
Fast forward...the guys business is booming. 3 shifts and he's working his ass off. Good on him....but here's the problem. As a machine shop, he creates a shit ton of titanium, stainless, and aluminum shavings (2 to 3 inch metal squiggles). Sharp as razor blades. His recycle dumpsters are always overflowing and his workers spill a lot heading to the dumpsters. Needless to say, my yard is full of shavings. Everyone in my family runs around barefoot...or we used to.
I've pointed it out to this guy and his fix was to get bigger dumpsters which are still overflowing and his folks still spill on their way to empty. I grabbed the city council lady when I went to check my mail. Told her the situation thinking she might have a private word with him. Now, it seems, I need to make a formal complaint with the council. I told her I didn't want to make a stink but she was all official about it.
So now I'm thinking ill just sue his ass and have the lawn scrapped and have him pay for a re-sod. Can you guys think of a different way to handle this? (I'm not talking about a few pieces of metal...I mean aluminum Christmas tree covered in tinsel).
I'm thinking of asking him if he minds if my 4 Great Danes can shit on his doorstep 3 times a day. Maybe then he'lll get it.
You can remind him that a few years ago you allowed a business to be built on a lot next to your home that wasn’t zoned for business. You could of said no. But you didn’t. And you would appreciate having the same courtesy you afforded him 3 years ago.
If you piss the guy off he could make Your life hell.
The Shop
Have them run it on your property too!
If he balks, it’s on & then go after him & the council persons seat.
Take lots of pictures to document the problems.
I did not get my stipulations in writing. My bad.
I've brought the problem to his attention numerous times and he acknowledged the issue. Credit where it's due...he did get much bigger dumpsters and the gal who fork lifts the shavings out was very good about not spilling them. But, his business is booming and he's gone from 3 employees to 12 and the larger dumpsters are overflowing...the new people are pretty sloppy when they transport the metal.
He's not a total jackass but the solution will require him to spend money and he is a tight sumbitch. The yard vac won't work because the dumpster/parking/drive area is pot hole filled dirt and rock. If he paved the area so the fork lift (with hard wheels) didn't bounce and spill shavings...and he called to have the dumpsters replaced before they were overflowing it would greatly reduce the problem. Both of those things cost money and it's not my place to tell a man how to run his business or spend his money. But, I have a problem and he is the cause.
It ain't the end of the world and I ain't losing sleep over it but it is aggravating.
Also I would build a fence to block that shit from coming over,
The sod idea isn’t bad either
2) buy somewhere that isn’t next door to manufacturing.
3) put the future job in writing as part of the terms of step 1.
4) enjoy the $$$ You made from the deal.
From your description, it sounds like they needed a use variance to set up their industrial operation in a lower, commercial zoned area. That should have required a public hearing, and your stipulations could have been in writing as part of the variance language. If he was not keeping with the terms of the variance, then the zoning inspector would force him to become compliant. If the zoning inspector would not act upon this, then you would have recourse agains the city/zoning inspector for not performing their duty.
However, since this was not the case, it sounds like this is just more or less a "neighbor" dispute. The city will probably tell you "sorry, we're not getting in the middle of this, try and work it out yourself." That is, unless they are violating some other city ordinance. It may come down to a civil action agains your neighbor, but I think that he would certainly want to avoid that. And yes, metal contamination onto your property is an EPA issue.
2) buy in a downgraded area, because the city's "market value" of your property is far less than the true open market value
3) hire attorneys to unsuccessfully fight case against the city.
4) you're screwed
As far as I’m concerned, eminent domain is a violation of rights.
I agree, eminent domain is absolutely a violation of rights.
Why would the city "take" his property through eminent domain.??? It's a private business. .
All the city wanted to do is SELL the lot next door.....
And. . . He has a quite valid complaint, and is adversely affected...
Sounds like a perfect tort case to me. . .
The other point you guys brought up about selling him my property was also on point. I plan on retiring in the next year or so. He has 4 or 5 single mothers working for him. I pointed out that my place would make a dandy duplex for him to buy and rent to his gals. His eyes looked like slot machine reels when he realized he could pay them their wages and take it right back in rent. We'll discuss more when my plans firm up.
Again, thanks for the input. I guess some dark clouds do have a silver lining.
Pit Row
I'll reserve my opinions until you decide then.
I can't help it.... The littering seems like a no brainer.
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