Ok, second question, since several of you answered with what I also consider a "frame" house means, too. My understanding what a frame house means aligns with what commenter Rachel said her dad (a home builder) considers to be a frame house: a frame house means wood construction ( 2×4s, wooden roof trusses, etc.) as the base layer, not brick, etc. Or as one commenter said: "a house constructed from a wooden skeleton, typically covered with sheathing."
Others replied it means no modular, prefab, trailers, or containers as the home. Also agreed that the way I see the covenants written, this would not allow this type of home.
Ok - so would you consider an 8000 square foot (80 x 100) steel building with living quarters inside to be a "frame or log home" and would you consider it to fall under the "rural residential in character" part of the covenants?
80x100 is HUGE! That's what the new neighbors plan to have built next year. Dh tried to talk to Mrs. Neighbor about it last evening when she was outside in her yard and he had gone out to turn off a sprinkler for our yard. Her reply was "well, how big is that?" pointing at our shop behind dh. Dh said it's 1728 square feet.....8000 square feet is over 4 1/2 times the size of this building. (and we agree - our shop is/seems big!). They have apparently decided not to care what gets put in their own neighborhood, yet a few weeks ago Mr told us he actually wrote a letter to a property owner a mile and a half from us because they don't like how he keeps his property (a property with no covenants and no county restrictions on what you do with your property)......go figure on that one, because I sure can't.
Dh and I had went into town for a soft ice cream cone and on the way back, passing our little county airport is this big steel building at the airport. I said to dh - how big is that building? He wasn't sure, so when we got home he got online with google earth where you can look at things overhead and measure with a feature they have. This building is 4400 square feet. So, the new neighbor wants to put a steel building that is almost double this size in our "rural residential" neighborhood as his heavy equipment storage and residence.
I know everyone has different opinions and interpretations as to what's acceptable, but I'm sorry, this is not it for me and the type of homes I thought our neighborhood of 7 lots was supposed to be! One of the reasons we bought this property is because it does have some covenants. While I know some steel buildings can be made to look similar to a residential home (and I'd be ok with that), this size of building at 8000 square foot building will not be able to look anything like a residential house or "keep the entire subdivsion rural residential in character". So very very disappointing. At this point I'd rather have a prefab or double wide manfg. home than something like this. At least they look like a house and not a warehouse.
And that doesn't even address the guy's plans to try to run a heavy equipment construction company out of this property..
What is the process to address covenants for building in your neighborhood? What about zoning? I agree with you: it sounds to me like a small warehouse and commercial building with living quarters, not a home with a separate shop building. If you're already having issues with the traffic from the boat ramp, can you imagine what a heavy equipment operator will do to your road moving stuff in and out? I think you next step is to determine how to protest his plans with your housing authority and start filing yor objections.
ReplyDeleteWe live in a rural type county that has no building permits (other than a septic get approved and a state electrical permit) required and basically no zoning. Like my dh says, the great thing about living here is people can do what they want...the bad thing about living here is people can do what they want. We do not have an HOA. I'm guessing our only recourse to try to fight this is through an attorney. It also states in our CC&R that the county is not responsible for enforcing the covenants. That's exactly how we are thinking this building will be - a small warehouse/commercial building. He already told us he plans to write 60% of it off on his taxes as a business.
DeleteOh dear, that is not a residential building :/ :/ :/
ReplyDeleteWe don't see it as being a residential house or dwelling, either.
DeleteThat’s a big arse building! I guess with proper landscaping, if they basically hide it from me I wouldn’t care, but I would not be too pleased about a construction business next door. Our old neighbor to the east ran an excavating business from his home for years. He put up a big metal building which didn’t really bother me, but then because of his hoarding ways, he filled his pasture with equipment and junk. That was an eyesore. He finally sold and everyone was glad to see him go! The property to the west has a big building that was initially constructed as a marijuana grow operation. I was ok with that. Couldn’t see the building and it was low impact to my life lol. That property was recently sold, and someone is putting a house over there. No idea what his plan is for that big metal building, but I’m less than pleased that they have 2 pit bulls they let just run, and they come down here and harass my dogs. There are no covenants, no real zoning laws, so we get what we get I guess.
ReplyDeleteDiane
I'm having trouble getting blogger to post my replies. Trying again! We would definitely be able to see it. These lots are narrow and log back to the river from the road. Each lot is really only about a little over an acre of flat usable land. The rest is steep bank down to the river. It's hard when there is nothing to protect your rights. Our county really has nothing, but I think that is why the past about 15 years many of the little developments going in this county the builders/owners are putting in covenants.
DeleteDocument everything the new owner has said. Your blog will be a great help. I see it as three choices: 1) sell and move; 2) decide to accept whatever happens and the cost (health/$$ repairing and repaving the road/lack of peaceful enjoyment of your home and nature); or 3) fight! Depending on your state law homeowners may litigate to enforce CC & R documents. Research CC&R enforcement and land use and find an attorney who specializes in this area of law. An informative letter from an attorney may be enough for the new owners to see it will be an uphill battle. All options involve a cost so no matter what you choose it will still cost unplanned money in the end. Good luck and I’m so sorry this is happening to you and your community. EAS
ReplyDeleteYou are 100% correct and right now I'm leaning towards fight. I agree, on a friends suggestion I have started writing down everything the guy is telling us.
DeleteSorry - state and local law.
ReplyDeleteI’d also check the rights the neighbor has to use the easement on your land to access his land. That may also provide some means of recourse depending on description. We’re currently trying to stop a new neighbor from building a house behind us. He bought an orchard that has seasonal agricultural use of the private road only. He built a huge red barn right on the property line last year without a permit. He could do that because it’s an “ag” building. BUT he built an apartment in it for his son. Go figure.
ReplyDeleteThe road easement is to access the property for normal reasonable residential use. That's too bad about your neighbor. Nobody seems to ever want to follow rules and laws.
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ReplyDeleteCostco coming to your neighborhood?!
ReplyDeleteI definitely would not want that eyesore!!
You are spot on with that! Warehouse sizes: 80,000 to 230,000 square feet (average 146,000 square feet)
DeleteWell, 8000 isn't Costco sized, LOL, but it's for sure very big for 2 acres and will certainly look like a small warehouse.
DeleteI was off with a zero. Lol Still a HUGE barn though!
Deleteyes, still huge. I just find it funny that Mrs Neighbor thinks our shop, which was totally built to covenant rules (it's framed and finished to match our house, as in the covenants) is big and this guys shop would be 4.6 times that size. But that's ok? Weird.
DeleteAt the bare minimum, I would run all this past an attorney to see what legal recourse you might have. No way would I want to live next to a warehouse. When/if you do decide to ever sell, a structure like this would (imo) have a negative impact on the value of your home. Sorry you are going through this. :(
ReplyDeleteThat's where I'm leaning now. To have an attorney look over our CC&R's and see what might can be done.
DeleteThat "building" belongs in an industrial park, not a residential neighborhood.
ReplyDeleteThere is no way it's going to look like a residential home
DeleteThe first thing that came to mind is “what is the definition of residential”? I would think any building, based on a percentage (at least 50.5%) would need to be living space. As described in your comment, living quarters does not sound like residential. Wish I had words of advice, different from others, to share. Fingers crossed and prayers for a solution. You shouldn’t have to move. And sure shouldn’t have to spend a good deal of $ on this.
ReplyDeleteRight now we are feeling we should not have to move either. We have put way too much of our $, time, and work into building this beautiful home. The fact that the neighborhood had CC&R's was one of the reasons we bought here. I"m sure it's going to cost us a good deal to protect our property value and residential neighborhood.
DeleteI think your husband hit the nail on the head. If everyone can do their own thing, everyone will do their own thing. That mentality/ rule/ arrangement is fine if all agree to similar definitions and standards but it's hard to then have an argument when something does not align. Ridiculous as that build might be, if there's no legal rules to prohibit, it's a consequence of the land of no rules and regulations. I hope you find legal obstruction as that building sounds awful.
ReplyDeleteDue to the county not having any real restrictions on anything, I think that is why we are seeing that most of the little developments going in now are having covenants added, to help protect the property owners from no rules.
DeleteDoes your agreement for access via your road include access for heavy equipment? Residential neighborhoods often have signs warning larger and heavier trucks, etc are not allowed. Your cars will be ruined by the damage done to the road. The sooner you stop this, the easier it will be. Once they start, I would imagine they will fight harder.
ReplyDeleteCan you get a weight limit sign on your road?
DeleteNone of that is really needed as this road is just a private lane that dead ends at the last lot. The covenants state right in them the properties are not to be used to run a business and that the private road is only to be used for normal residential use. But, yes, if this guy ended up using the road to constantly haul his equipment in and out it will eventually need repairing.
DeleteCurious as to how repairs to private road are funded? The costs must be shared by the homeowners in your neighborhood somehow.
DeleteYes, the CC&R states the cost to maintain is shared equally. So far nothing has been needed to be done to maintain it. It was paved when the subdivision was created and with the normal residential traffic we have not had any issues come up.
DeleteTime to visit with an attorney and see what it will cost to fight it - God Heavens that is insane...
ReplyDeleteThat's most likely what we are going to have to do. Huge bummer.
DeleteAbsolutely not! I'd start looking into this further - now way in hell would I want that in my residential neighborhood! And how in the world would he be getting that equipment in & out - up & down your small, little "lane?" I mean WTH? For him to think this would be acceptable to those of you already settled there is really selfish & inconsiderate of him! Yeah, I'd definitely be looking into this sooner rather than later!
ReplyDeleteVery selfish and inconsiderate. When we were first looking at the lots #1 and 7 were for sale. #7 is a weird pie shaped end lot that actually only has about 1/2 acre of usable building. The rest is in a corner of the triangle and then all steep river bank. The first lot is nice and has 2 flat "levels" to it, but if you wanted to actually see the river from your home you'd need to build down on the level closer to the river bank. DH could see this. Well, we were standing there thinking this would be nice, but then dh turned around towards Mr & Mrs Neighbors lovely home, which due to the way the lots angle back, they'd pretty much be looking at the back/roof of a house. DH said there's no way I would do that to someone. We had already chatted with them before. We walked over to their house and told them no, we aren't going to buy it and why. They had not even realized what someone building on that lot would do to their view and were amazed we would not just think of ourselves. That's when Mrs said you know, I think the owners of lot 3 want to sell, they just haven't listed it yet, do you want me to call them? The rest is history.
DeleteI meant to also add, I think that him adding in another access to our lane out to the main road is his way of getting his equipment in and out.
DeleteHe purchased two joining lots, is he allowed to place one house/building over the property line of both lots? The covenant rule you shared stated that it is limited to one new house or dwelling per lot and be single family.
ReplyDeleteThat's a really good question! Based on covenants, I'd say no, but I think he did mention something to dh about seeing if the county will combine his 2 lots into one, which would be how he would be allowed to do that.
DeleteHere's hoping your two neighbors come around and join you in the fight.
ReplyDeleteGosh, you would sure think they would. I don't get it at all.
DeleteNot to be smart but you and your husband have no luck. Who would think someone would buy in a residential area and put up that hugh building and have a company. I would get together with the neighbors and try to get this taken care of before he has a chance to do anything.
ReplyDeleteI was thinking the exact same thing last night. Why can we not find a place to live that the people follow the rules? When we bought out here, we saw Mr&Mrs extremely beautiful log home and beautiful landscaped yard and said yes, this is the type of neighborhood we want to live in. I don't see how this guy and his wife can look at the 3 homes here now and think what they want to do is even remotely ok.
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