DJackson10
Footballguy
And be more educated on landscaping and trees in general which is a great thing.You are gonna make some great money/trees of choice when all is said and done
And be more educated on landscaping and trees in general which is a great thing.You are gonna make some great money/trees of choice when all is said and done
Dude you hit jackpot. The only think missing is someone who knows the mayor or someone with great influence on this for your side. More ammo if needed and plus she will know what your rights and what you are owed in this. This guy is royally screwed if he doesn't play ball soonAnother side note:
The previous owner of our home is incredibly nice. We've become friendly, I've helped her with a couple things, dropped off mail, etc. and she's helped familiarize us with the house even after the fact.
She reached out today to let us know about Halloween in the neighborhood with our kids (she's quite thoughtful). While speaking to her, she asked how things were going and I brought up the tree situation since it looked like he bought the place next door a few months prior to us moving in and she may have met him.
Apparently they met once and he wanted to meet again after May to discuss the tree line. They never got around to meeting due to selling the house to us. She was not happy hearing the tree came down.
She asked me for permission to reach out to her agent who has ties throughout the city. I said of course. Turns out her agent also sits on our town's architectural board and will be looking into this herself.
Just more ammo if needed......
I’m in the planning field. More than likely yea, he’d go for a variance. However, he’d have to prove practical difficulty for having to place his home where he has chosen, such as topography of his property or widespread wetlands, body of water, etc. The ZBA is supposed act fairly, to weigh his argument against whether someone else with the same types of issues would get a variance as well. It should not be a cut and dried process. Also during a variance hearing it is a public meeting (at least it is in Michigan) so other interested parties are allowed to speak either for or against the variance request.Possibly. Or he gets a variance and is allowed to proceed. Given his business and the fact he likely knows and is familiar with building and zoning, I wouldn't count against his ability to get a variance.
He could ask for a variance because he doesn’t want to cut down mature trees on his propertyI’m in the planning field. More than likely yea, he’d go for a variance. However, he’d have to prove practical difficulty for having to place his home where he has chosen, such as topography of his property or widespread wetlands, body of water, etc. The ZBA is supposed act fairly, to weigh his argument against whether someone else with the same types of issues would get a variance as well. It should not be a cut and dried process. Also during a variance hearing it is a public meeting (at least it is in Michigan) so other interested parties are allowed to speak either for or against the variance request.
In Michigan all property owners within 300 feet of the property in question are notified by certified mail that there is a variance hearing about the issue.
i hope Missouri is the same or has similar fair notification processes.
Would you send the tree cutter this basic message so he is aware of what you are willing to do or just keep that to yourself? I don’t know what the right play is, just wondering.So far, no response to our email last night.
I'll be making calls tomorrow (building/zoning, attorneys) and will reach out once more to him later tomorrow requesting a deadline for response.
If I don't hear back by the end of the weekend, I'll likely be filing a police report and retaining an attorney.
You mfer.He could ask for a variance because he doesn’t want to cut down mature trees on his property
For future reference, if the tree is dead or looks like it can damage your home or property because it might fall, you can talk to your neighbor and tell them your concern. If they don't address it, you can then get it evaluated and if an arborist agrees, then they can be asked to take it down (contact your city). At their cost.Our neighbor is getting their huge half dead elm (i think) tree cut down today
this thing has been a nuisance for years, dropped a large limb on my garage once and cracked the roof, although I did fix it for much less than the $2K Insurance gave me
has also dropped smaller branches that broke the tips of my privacy fence and broke some Adirondack chairs in my patio
always dropped a ton of tiny stupid leaves all over my patio too
honestly was worried this was going to fall on the house or drop a limb on one of the kids so this is like Christmas Day for me
good riddance tree!
lol, I was thinking that while reading your post and thoght to myself how neat it was that I have an FBG Tree guy now should I ever need oneSigned,
New Tree Expert
Writing a letter is an idle threat. Means nothing.Yeah, If I got that response I'd probably just go ahead and have an attorney friend write a letter. Just go silent on the neighbor. Screw this guy.
This tree keeps on giving even after being cut down. Shel Silverstein would be envious and probably would steal this tree in the middle of the night.Another side note:
The previous owner of our home is incredibly nice. We've become friendly, I've helped her with a couple things, dropped off mail, etc. and she's helped familiarize us with the house even after the fact.
She reached out today to let us know about Halloween in the neighborhood with our kids (she's quite thoughtful). While speaking to her, she asked how things were going and I brought up the tree situation since it looked like he bought the place next door a few months prior to us moving in and she may have met him.
Apparently they met once and he wanted to meet again after May to discuss the tree line. They never got around to meeting due to selling the house to us. She was not happy hearing the tree came down.
She asked me for permission to reach out to her agent who has ties throughout the city. I said of course. Turns out her agent also sits on our town's architectural board and will be looking into this herself.
Just more ammo if needed......
Hey guys,This tree keeps on giving even after being cut down. Shel Silverstein would be envious and probably would steal this tree in the middle of the night.
I can accept this. But was that animal an otter? Please don't say that was a fishing trip, too.Hey guys,
None of this actually happened. Master fishing trip.
See you later....
Bull#### you could have gotten at least another season or two out of thisHey guys,
None of this actually happened. Master fishing trip.
See you later....
I was just kidding. But certainly the chance I gotta scrub this if it gets there.Was this Legal advice? Leave no trace on the innernets?
gianmarco said:Side update:
As I will now be paying far more attention to what is going on next door, foundation stakes are out and they are digging in preparation for the foundation. Setback lines from the property line are a little over 22'. One of the foundation stakes on our side is only 19' from the property line (right next to where our tree used to be).
I'll be putting in a call to the city tomorrow to have them come and evaluate this before the foundation is poured.
If he was applying for a variance, you'd already know. Sorry if this was already covered.gianmarco said:Possibly. Or he gets a variance and is allowed to proceed. Given his business and the fact he likely knows and is familiar with building and zoning, I wouldn't count against his ability to get a variance.
I'll try to keep this brief.
Got the name and number of a couple attorneys and reached out to both.
Attorney #1: This is as straightforward as can be. We are 100% entitled to 3x the value. We already did all the right work. First step is draft a letter and if he doesn't respond with the full amount (~$10K), then file suit. Pretty simple. As a friend of a friend, he's going to review our email correspondence and give any advice to try and handle without this next step. Also noted the tree guys would be named in a suit (props @jb1020).
Here's where it gets good:
Attorney #2: Calls and I tell him my name and how I got his name (from our other neighbor). He immediately goes "So what is neighbor XXXX up to now?". He named bad neighbor by name without me even saying anything else. I gave a brief summary of the situation and he said "I want to come out to the property today. Send me any pictures and emails you have".
That's it....
He seemed VERY interested in this situation and called out our guy by name. I don't know what's going on, but I'm definitely very about this.
DOnt worry DJack will come in Monday and reply to previously answered questions.If he was applying for a variance, you'd already know. Sorry if this was already covered.
I had to get a variance before. It takes time and if you have a neighbor who fights it, well, it doesn't go well.gianmarco said:Possibly. Or he gets a variance and is allowed to proceed. Given his business and the fact he likely knows and is familiar with building and zoning, I wouldn't count against his ability to get a variance.
It's awesome how true it is.Is the last update another fishing trip?
Building department has come out and now requested they submit a foundation survey. They won't get the permit to pour the foundation until that's done. Survey equipment now out in the lot. The dig line certainly looks to be outside the setback requirement. I'll go measure it after the workers leave for the day.gianmarco said:Side update:
As I will now be paying far more attention to what is going on next door, foundation stakes are out and they are digging in preparation for the foundation. Setback lines from the property line are a little over 22'. One of the foundation stakes on our side is only 19' from the property line (right next to where our tree used to be).
I'll be putting in a call to the city tomorrow to have them come and evaluate this before the foundation is poured.
Your neighbor has to be seethingBuilding department has come out and now requested they submit a foundation survey. They won't get the permit to pour the foundation until that's done. Survey equipment now out in the lot. The dig line certainly looks to be outside the setback requirement. I'll go measure it after the workers leave for the day.
GM -- 1, Neighbor -- 0
He did the guy a favor. I'd hate to lay the foundation then be told I needed a permit.Your neighbor has to be seething
I'm not questioning that --- I'm just referencing that the neighbor likely thought he was going to get away with all this shady #### and now he is getting called out on it, having to jump through hoops, having to pay out, etc. Basically, he thought he could walk all over everyone and get what he wanted, but now isn't finding it that easy.He did the guy a favor. I'd hate to lay the foundation then be told I needed a permit.
Neighbor didn't know that he was dealing with...a FBG.I'm not questioning that --- I'm just referencing that the neighbor likely thought he was going to get away with all this shady #### and now he is getting called out on it, having to jump through hoops, having to pay out, etc. Basically, he thought he could walk all over everyone and get what he wanted, but now isn't finding it that easy.
Nice jobBuilding department has come out and now requested they submit a foundation survey. They won't get the permit to pour the foundation until that's done. Survey equipment now out in the lot. The dig line certainly looks to be outside the setback requirement. I'll go measure it after the workers leave for the day.
GM -- 1, Neighbor -- 0