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Tractor Talk Discussion Board

Re: Building Permits, Second point


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Posted by Buzzman72 on December 26, 2008 at 11:08:48 from (74.129.220.44):

In Reply to: Building Permits, One More Time posted by Buzzman72 on December 26, 2008 at 10:51:05:

On the other hand, a building permit helped out in a situation dealing with my mom's property in town. Back in 1960, Grand-dad converted the barn on the back of his property into a business where he sold Farmall tractor parts and he and Dad did tractor repairs.

After Dad died in 1991, the town attorney began hassling Mom about the vehicles and farm equipment on the property, telling her that the property had never been rezoned for a garage, that it had only been "grandfathered in" and that zning had expired when Dad died. Mom was in a panic, and when going through some papers after Dad died, Mom and I found the building permit issued when Grand-dad built the addition onto the barn for the parts department.

The building permit clearly stated that the entire property had been zoned "business" [at the time there wasn't any B-1 or B-2, as there is today]. Going by the date on the building permit, Mom found the legal notices in the newspaper archives in the town library that announced the date of the hearing, and the notice of the zoning change. The town, which had previously claimed that those records had been "lost," had to back off...all because we found that original building permit. Prior to finding the permit, Mom was hassled unmercifully by the town attorneys, threatened with lawsuits that would've taken the property away from her.

Grand-dad always told us that he'd gotten the property properly zoned as an "ace in the hole" for the family...all we had to do was prove it. He knew he could've had the property "grandfathered in," as he'ddone some machinery set-up and repair there back in the 1940's. But he told us grandkids that "with that business zoning, some day the property will be worth something to you kids." Just for getting the town attorneys off Mom's back, it already has been worth a lot.


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