The big problem I see with town planning and zoning departments is that it is run by people who volunteer for the position. Most of these people have no practical sense of growth and in most cases are people who move into the area, establish their trophy homes and then want to stop others from doing so. They feel that their agenda is in the best interest of everyone else. Really all it amounts to is turning everyones property into public land with private taxes.
Yes, they implement things like 40 ac min lot sizing and make you come for a conceptual consultation prior to accepting an application for a lot line adjustment.
Wealthy retired folks from "down south" moving into communities they don't see as a town with a need for economic opportunities, just a quaint painting of rural New England life. Who cares if the kids from that town have any opportunities for employment, they'll just have to move to Boston.
KScott,
I was being sarcastic. (However) A property line agreement, is not an adjustment of the property line. It is an agreement of where the property line is when the deed is not clear enough or for any other reason, when the line can't be clearly determined. Ha! It seems like you could have two different surveyors come survey the property and when you end up with two different monuments for the same corners, you could say that the line can't be clearly determined...(sarcasm again).
Sarcasm off:
I don't like the City getting into these kinds of politics and doing things like requiring a land owner to give them property in order to approve some kind of request that the owner has. But I admit that there isn't a lot a single person can do about it beyond making some city employee mad.
We had a nearby county that resisted Zoning for years and people who would tell me how important and essential zoning is and I'd ask them if they would live in xxx county and they would always say "yes I really like it there" they I could say "They don't have zoning"
Alas, a few years ago they adopted zoning laws and I talked to one of the major proponents and he said it was a mistake, there's been nothing but conflict since, a whole lot of expense to the county and little if any improvements addressing the issues zoning was supposed to "cure".:-(
But it does create new positions for the government to hire and gives it more power which is the important thing......... I suppose.
A few years ago I went head to head with one of these types in a planning board meeting. I did a subdivision of a property into 2 lots. This was at the request of the town because of 2 houses on one lot. To make this fit the town regulations it was and odd looking lot but fit all town and state regs. This woman would not let up because she did not like how it looked. She was very outspoken and at times sounded like a child getting mad when she would not get her way. The rest of the board approved it. She quit that night. 😀
> The big problem I see with town planning and zoning departments is that it is run by people who volunteer for the position. Most of these people have no practical sense of growth and in most cases are people who move into the area, establish their trophy homes and then want to stop others from doing so. They feel that their agenda is in the best interest of everyone else. Really all it amounts to is turning everyones property into public land with private taxes.
That must be a northeastern small town thing. Never heard of anyone volunteering for planning or zoning departments in a municipality. If you're speaking of a Planning & Zoning Board, who approve plats, zoning cases, etc., then yes, I've heard of people getting appointed or volunteering for it.
Pardon me. Yes planning and zoning [sarcasm]boards[/sarcasm]
one less planner = good thing in my book.
Tom - I later realized that you were being sarcastic. I actually checked with the City here today and they do allow a PLA in case of a disputed boundary so I wasn't totally accurate in my statement.
I had occasion to talk the the City Surveyor as I am working on one of those messy jobs where nothing fits together and the adjoiners recorded a six page legal document stating that although they didn't know where the property lines were - they both agreed the fence lines were NOT on the property lines. I wish they wouldn't have done that!
[sarcasm]If they don't have zoning, then they can't work as a municipality. There's no possible way, it can only be chaos............how can the "good" people tell everyone else how to live without zoning?[/sarcasm]
KScott,
You may already know this, but there is a difference between a property line adjustment and a property line agreement. conditions for a boundary line agreement are covered in Colorado Revised Statutes under 38-44-112 and 113.
The municipality has some control over neighbors wanting to "adjust" their property line which is a change in property and a transfer of land. The "agreement" is simply a way to agree to a common line and does not constitute an exchange in property. I would think that the county can't control that.
Sorry if I am explaining something you already understand. If you or anyone is interested here is the language of the Colorado Statutes governing agreements.
38-44-112. Agreements.
Any uncertain line, uncertain corner, or uncertain boundary of an existing parcel of land that is recorded in the real estate records in the office of the clerk and recorder for the county where the land is located and that is in dispute may be determined and permanently established by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate, clearly designating the same, and accompanied by a map or plat thereof that shall be recorded as an instrument affecting real estate, and shall be binding upon their heirs, successors, and assigns. If the map or plat is prepared by a licensed professional land surveyor, monuments shall be set for any line, corner, or boundary included in the agreement.
38-44-113. Establishment of boundary corner.
The establishment of a boundary corner through acquiescence confirmed by a court of competent jurisdiction, or by written agreement pursuant to section 38-44-112, shall not alter the location or validity of any existing or properly restored public land survey monument in the vicinity. Such existing or properly restored public land survey monument may be used to control future land surveys in the region when such surveys are not related to the boundary corner established by acquiescence or agreement.
Are those the Mass holes I've heard about?