Category: Miscellaneous
Statistical Coverup
Zoning Variance Request – Reduced Setbacks
There is a prospective buyer who has requested a variance to the township’s setback requirements in order to build his house on a neighboring property. The zoning requirements stipulate a 120′ front setback from the center-line of the private right-of-way (i.e. the park’s road) and a 50′ rear setback from our property. The original request cited a 90′ front setback based on a public right-of-way, but that is not correct. While the request states he wants to reduce the front setback by 40′ and the rear setback by 34′, I think the actual request on the front setback is 70′.
There are a few justifications provided for the setback request — that there are technical limitations that mandate the variance, that the elevation means the property won’t bother the neighbors, that the previous zoning would have allowed construction within these bounds, and neighboring properties have similar encroachments.
While we are not trying to create a hardship for the buyer, we were given notice of a public hearing and told it was the time to state our opinion. When we were shopping for a house, we specifically wanted to live in a rural environment. When I consider the use and enjoyment of one’s property, consideration is not limited to the structures erected on the property. We specifically wanted to purchase several acres of land with wooded areas because hiking in the woods is an enjoyable activity.
Hinckley’s Master Policy Plan highlights the community’s desire “to protect and promote the rural and natural character of the Township”. This is not a new initiative in Hinckley, the 2003 Master Policy Plan speaks to preserving “the existing rural character and image of the township”. Part of our house shopping process included reviewing zoning regulations — we wanted to maintain a large garden and possibly raise farm animals. And we didn’t want to learn after purchasing a home that we were legally precluded from using the property as we desired. One of the attractive things about Hinckley was the large minimum lot sizes and expansive setback requirements.
Technical Limitations — To me, a technical limitation of a lot would be where a combination of zoning regulations preclude building on the property. As an example, after accounting for setback requirements, the smaller non-conforming lots may not have enough buildable land to construct a home with the minimum floor area requirements with two off-street parking spaces. It may not be possible to build a compliant home on a two acre lot, once elevation and waterways are considered.
In this case, there is land available for the footprint of the structure. One of the things I would like to see during the site review is the dimension of the land deemed buildable. The fact a particular home design does not fit on a lot is not a technical limitation of the lot. It is reality. There are millions of other homes, of similar size and with similar features, which could be built on the lot and fully comply with the zoning regulations.
Elevation — While the structure in question may be 30+ feet in elevation over the park’s road, carpark, and hiking trail, it is not 30′ in elevation over the woods where we hike.
Non-conforming Lot Setbacks — Section 4.1.G stipulates minimum side and rear yard depths for R1 and R2 District lots covered in the “Substandard Lot Provisions”. Section 6R1.4.K lists three sub-standard lot minimum lot areas: 32,670 sq ft (0.75 acre); 66,000 sq ft (~1.52 acres); 65,340 sq ft (1.5 acres). The lots, as previously platted, were each under 0.75 acres. Survey Book 39, page 212 contained the “current” platting prior to the lots being combined. Lot A is 0.4947 acres, lot B 0.4707 acres, lot C 0.4780 acres, and lot D 0.4960 acres. As such, it was my understanding that anyone who desired to build on one of the lots would require a variance due to the lot size — which would allow us the opportunity to review and comment on the proposed structure.
Additionally, the fact that a structure could have been build with a fifteen foot rear setback on each of the previously existing lots is a specious argument. This isn’t a non-conforming lot. The property owner voluntarily combined the four sub-standard lots into one standard lot. This included adding formerly unowned property under Bellus Road. If the desire was to build within the allowable parameters of a sub-standard lot, then the lots should have remained sub-standard.
Setback of Other Neighboring Properties — The closeness of neighboring properties was one of the few negative points about our property — walking around the kitchen patio feels walking in the neighbor’s back yard. Walking from our back yard along the South side of the property feels like walking in the neighbor’s side yard.
The other houses in the neighborhood are well over fifteen feet from their rear property lines. These measurements (1) assume decks, patios, and above-ground pools are not used in determining setback distances and (2) estimates based on the aerials from the Medina County Engineer’s GIS system. About 20′ of our house is about 25′ from the property line. Because the Medina County Engineer’s GIS system has the aerial OSIP (Ohio Statewide Imagery Program) tiles and parcel lines misaligned, the house appeared to be about 45′ from the property line. It wasn’t until we’d lived here for a year or two that Scott and a friend searched out the property pins and we realized the line was really close to the house.
Z’s garage is about 40′ from the property line. Greg and Erica’s house is over 50′ from the rear property line with an accessory building very close to the property line. Larry’s house is over 50′ from the rear property line, although the rear deck and pool and accessory building are quite close to the property line. Mark and Rae’s is over 50′. Cynthia’s house is well over 50′, but there is an accessory building situated near the property line. Side lot setbacks are certainly not in compliance with zoning standards for two acre lots, but all of these lots are well under two acres
But, of the six houses in the neighborhood, half were built more than 50 years ago. Two of the remaining three were built 30 years ago, and the newest house was built 20 years ago. I do not know what the zoning regulations contained decades ago (i.e. these may well have been compliant at the time), and the older houses may well predate zoning regulations. Even if the zoning regulations were exactly the same at the time, we didn’t participate in the variance discussion because we didn’t live here. For half of the properties, we weren’t even born.
Owner | Street Number | Year Built | Years Ago |
Z | 1830 West Dr | 2000 | 20 |
Greg & Erika | 1850 West Dr | 1953 | 67 |
Larry | 1860 West Dr | 1990 | 30 |
Mark & Rae | 1870 West Dr | 1961 | 59 |
Cynthia | 1886 West Dr | 1940 | 80 |
Scott & Lisa | 1006 Bellus Rd | 1990 | 30 |
Something’s existence does not make more of it desirable. There is traffic on Bellus Rd, but having Center Rd rerouted to our street while the bridge was under construction was disruptive.
The variance process is not a common-law system — a variance being issued in once circumstance does not set a precedent that requires similar variances be issued.
Medina County: Finding Survey, Deed, and Permit Info
I had downloaded some PDF files of the county survey books after we first bought our house. We wanted a little more info, but were completely unable to find where I’d gotten the survey book pages. Fortunately, a very helpful individual at the County Recorders office knew what I had and exactly how to get there. Figured I’d write it down for the next time we want to pull up survey information. The trick is to not use the new Medina County GIS website.
From http://engineer.medinaco.org, select “Traditional” from the GIS menu. This will bring you to the old county GIS interface at http://engineer.medinaco.org/cgi-bin/mchequery.cgi
From the drop-down menu hidden between the red bar and an text input and select a search type (Parcel Number, Address, Owner Last Name)
Click Query/Refresh
You will now see information about the searched parcel and a map. Scroll down.
From here, you can access a bunch of different information – for the survey books, select “Scans”.
There’s a lot of information available. In the Surveys, there’s a cool feature — the top part of the page contains a portion of the document and a light gray outline showing the searched parcel — when you cannot figure out why a particular page shows up when your parcel isn’t involved — look for a tiny portion of your parcel that’s technically on the page. In this example, a few feet of our lot appear under the information block. There are a few pages where the little section of land on the public right-of-way appear somewhere along the bottom portion of a scan. I expect they’ve got the corners of each page tagged with geographic information & your scan query retrieves anything where any of your lot falls within those bounds. Survey and tax map go back over a hundred years, and it’s neat to see how the property lines have changed (and not changed). Plus, I now know Bellus Rd was named after the family that owned the farm across the street from us.
Since I’m writing down where I’ve found important documentation … I’ll add:
Building permits are available through the Medina County Building Department at https://medina.onlama.com/Default.aspx
Deed transfers, mortgage instruments, etc are available through the Medina County Recorder at http://recordersearch.co.medina.oh.us/OHMedina/AvaWeb/#!/search
Statistics and Mortality
School Considerations
Marketing Fail
School’s Out For …
I want to know what schools are going to do in September/November after what they did in August proves to be foolishly optimistic (either ‘the virus will disappear’ or ‘one person will be able to ensure twenty six-year-old kids wear masks and stay 6 feet apart, plus we can have a janitor in each restroom sanitizing after each use’) and they’ve failed to use the intervening 4-5 months to develop a decent online teaching approach.
Ohio Public Health Warning Level
Ohio now has a per-county public health alert level rating that reminds me of the terror alert color-coded system we had after 9/11.
Of course there will be people in red or purple counties heading out to neighboring counties to shop/eat/socialize/party because those neighboring counties are only in orange so they don’t need to wear a mask there. I don’t get why I’ve got to get my car e-checked because my county borders Cuyahoga but we wouldn’t have to wear a mask for the same reason … but it’s a step in the right direction deeming masks mandatory *somewhere* based on *something*.
Personal Finance Lesson – Credit Reports
Around 2000, I had a Key Bank account and paid for the “bill payment add-on” — it was like three bucks a month, but beat the late payment charges I’d incur for forgetting to pay bills, so worth it to me. Got transferred to another state where they didn’t have any branches, so I went into the bank and closed my account. They gave me a cheque, closed out the account, and I left to open an account at a nearby bank that did have branches in the state to which I was moving.
Years later, I got denied trying to open a checking account — like I tried to hand a couple grand over to a bank and they said “no thanks”. I’d gone across the street and opened an account with a different bank. Didn’t really think anything about it until I got a letter in the mail saying I was entitled to a copy of my credit report because information in that report had been used to deny me something. I’d never even heard of a credit report! When that credit report arrived, I learned that Key Bank had closed my account but failed to cancel my bill payment subscription (WTF?!?). They proceeded to charge me three bucks a month for years. And charged me a monthly over-draft penalty for having a negative balance. Forty bucks a month for a few years sure adds up! The eventually closed my account and got a judgement against me (in a state I hadn’t lived in for years, and I never gave them my new address because I wasn’t a customer for a few months before I moved). Absolutely refused to pay that — it aged off of my credit report because they didn’t bother to renew the judgement.
So what’s a credit report? There are three different companies (Experian, Equifax, and TransUnion) that keep track of how well you pay your bills. Not bills like the electric bill (unless you don’t pay it and the electric company gets a judgement against you) — loans. Why three? Because capitalism, I guess. If you bought some server and database space and managed to convince thousands of lenders that it was in their interest to let you know about all of their customers, I guess you could be a credit bureau too. A bit like a certificate authority — once you can convince enough people to trust you, you’ve got a viable product.
When you take out a loan, they associate it to your record. They keep track of how much should be paid as well as if you’ve paid it. The idea, for someone who is thinking about extending you credit, is that your past history of repaying (or not) debts is a bit of an indicator of your future repayment history. More importantly, though, it allows potential creditors to judge your income against your known fixed expenses. If you make $1000 a month and don’t have to spend any of it, you’ve got a good bit of disposable income. If you make $1000 a month, but pay $800 in rent … you’re either eating or repaying the loan so not a good credit risk.
I’m sure companies looking to lend money to people pay something to access these credit reports, but these credit bureaus have another line of income — basically using your private information for marketing purposes. Some mortgage lender wants to offer people a loan — they could just send a mailer to everyone in a zip code, but some of those people have already paid off their mortgage. Others are renting the house. A more targeted advertisement would be sent to people with outstanding mortgages — even better, scope to people with either large outstanding mortgages (how much you’re save with a refi!) or small outstanding balances (think of all you could do with a second mortgage!).
Twenty or more years ago, the only way you had free access to the content of your file was after you’d been denied credit. Like happened to me. Since then, federal laws have changed. You can access, online, a copy of your credit report from each credit bureau once a year — this means you can get the Equifax one in January, the Experian one in May, and the TransUnion one in September. Then get he Equifax one again in January. Since the reporting is generally automated, there shouldn’t be much difference between data held in the three companies. Every four months, you’re getting a picture of what these bureaus record about you.
Why would you do this? Like anything, info in the credit report can be wrong. Sometimes they’ll have someone with a similar name linked up to you. Sometimes they’ll just have bad info — an account closure that got omitted or a ‘current employer’ that you haven’t worked for in years. There’s a “dispute” process that you can use to request they fix anything you consider wrong (although they may not consider it work fixing — employer related stuff — or may not agree is wrong). Sometimes you’ll discover someone’s opened an account in your name, racked up a lot of charges, and left you with the bill (i.e. identity theft).
As of Sept 2018, you can freeze your credit report so no one can access it. For free. This helps avoid unauthorized parties opening credit accounts under your name and should prevent your info from being used to make you the target of lender advertising. Freezing your credit file restricts who can access the information — which means you have to unfreeze your file whenever you want to apply for credit. It’s an extra step, but how often are you actually applying for a loan? And the credit bureaus need to unfreeze your file within an hour of your online request … so it’s not a big inconvenience. To freeze your file, you must submit individual requests to Experian, Equifax, and TransUnion. You can ‘thaw’ your file temporarily when you know you’re submitting a credit application — I usually unlock my file for a few weeks to ensure delays in data processing don’t mean my application gets processed against a frozen file.
You can also freeze the file of your kid who is under 16 — a great thing for most kids who absolutely are not applying for credit! But the credit bureaus don’t make it that easy to freeze a kids file — Experian and Equifax have a request form, TransUnion wants a letter requesting a “protected consumer freeze” on the specified individual. In each case, you’ve got to include copies of identifying info — your ID, your kid’s birth certificate, and your kids social security card kind of stuff.