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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Our small community allowed a commercial use in our residential

Resolved Question:

Our small community allowed a commercial use in our residential area. This allows large semi trucks to travel thru our residential area affecting our safety, streets and property value. Can I appeal this decision? (truck parking lot allowed)
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
What is the name of the community?
Customer: replied 5 years ago.

Marion Kansas


Customer: replied 5 years ago.
it states you have replied but I cannot see any response
Expert:  TexLaw replied 5 years ago.
Hi. Permits for commercial use and passage, such as the one you are speaking about, are within the discretion of the City Council. When the application for permit fist went through, there was public notice provided at the city hall. Then there was a period for public comment.

In the end, this is political and you cannot force the city to change the permit. There is nothing that I have found in the local ordinances or the state laws which prohibit the commercial trucking use that you have cited. Accordingly, the only thing that you can do is organize your community and lodge a protest. The most efficient way to do this would be to find the specific permit number, and then start a petition to revoke the permit.

Is there an alternate route the trucks could take? Is the fact that the trucks are parking in the lot a problem too, or is it just the fact that they have to drive through your neighborhood to get to the lot the problem?

I ask because providing an alternative route or location for the commercial business give the city council a way to revoke the permit, but also allow the commercial activity to go forward at a different location. The alternative should be stated in your petition.

There is no magic number for a petition, and it does not guarantee that the City Council must change its position. However, it is a powerful tool to use in a political sense.

Please let me know if you would like further information.

-Zachary D. Norris
Customer: replied 5 years ago.
the trucks were provided an alternative road but the truck were getting high centered on railroad tracks so they basically changed the ordinance for truck parking. Our area called "Jex Addition is very small and is a two block radius with in and our on the northeast and southeast corners. The semi trucks have such a hard time getting around the junction at our corner the back tandems come up on the curb or grass. We have approx 20 children in a two block radius who ride bikes or play. We do not have very many sidewalks in this area. I asked about the last of infrastructure to our street and if they would put in sidewalks. We were informed there is no grants or money for improvement in our area. Zoning for heavy vs commercial? These trucks are as heavy as 85,000. Rights to safety, decrease in property value from wear and tear and who wants this problem if they have children so who would want to live here now?
Expert:  TexLaw replied 5 years ago.
I understand. Unfortunately, the City Council has the power to grant an exceptions to zoning. That is what you have in this situation. Thus, your only alternative is to put political pressure on the City to change the permit. It sounds like a really bad situation. I wish you the best of luck.

-Zachary D. Norris
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