Backyard Nightmare

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#1
I bought 2 acres to build my house and put in Areanacross obstacles in the backyard to tune/test the bike before races. Neighbors blew it out of proportion and told the city I was going to have memberships and lights added. City told me it was illegal to operate a motocross bike or ATV on the property. I think this is a clear violation of my rights. I never wanted to operate it as a track or allow mass riders to use my facility. What am I to do? Any advice on protecting my rights? I only want to test 15-20 minutes once a week max. Think I'm more than reasonable. One of the neighbors shot my dog while she was sleeping at 2am on Aug 15.

-Dave Crapo
 
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#2
Dave a lot of these estates with 2-5 acre blocks have restrictive biulding and land useage applied to them. Down in Oz Ive had guys complaining after buying the dream little acreage that they cant biuld a 4/5 car metal shed must be all brick...colour of roofing material is restricted, cant ride your dirtbike period!!!!. You have to look into these things before you buy.

But mate ....this guy shot your dog?????...at 2.00am.......these aren't neighbours.......move.
 

Jaybird

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#5
My practice track would be the least of their worries if they shot my dog.

Junkman, ever been to an arenacross?
 

Smit-Dog

Mi. Trail Riders
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#6
Did you buy the acreage, build the house, put in the track, *then* neighbors built around you? Or did you build the track after neighbors were already established. Most townships and neighborhood associations have building and land use ordinances. Are you in violation of any of them?

Based on the pics on your website of the track and nearby homes, I wouldn't want an MX track in that type of neighborhood either. It's a violation of *your* rights? What about your neighbors? I enjoy riding as much as the next guy, but I certainly wouldn't want a track next to my house.

I'd suggest buying some land in an area where zoning laws would allow a track like that.
 

XRpredator

AssClown SuperPowers
Damn Yankees
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#7
My practice track would be the least of their worries if they shot my dog.
hmmm . . . If they shot the dog that lives in my yard, I'd probably buy them the ammo

just kidding :p
 
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#8
Okay, I just read all the articles on your site. While I’m not so sure I would want a track in that neighborhood either, I’m surprised that your neighbors weren’t even willing to compromise at all! It seems to me (assuming the articles are accurate) you did everything you could to minimize the inconveniences (if any) to your neighbors.

Repeatedly their only complaints were the noise and the dust. Even after the police confirmed the noise was “within the decibel levels set by the city ordinance and less than that of the F-16s from Hill Airforce Base that regularly fly overhead”. You were willing to limit the size of bikes on the track in the interest of noise, set a time of day on certain days (a Tuesday no less when most people aren’t even home!) but never on Sunday and water the track regularly to keep the dust down. Did you do these things? If so then you made an attempt to remedy their concerns and they still weren’t willing to compromise.

As far as “rights” go, unfortunately because of zoning and all kinds of BS you really don’t have a lot of rights when it comes to YOUR personal property. The gov’t still gets to dictate to you what you can and cannot do. My Mom is in the design stage of adding a 2nd story to her house right now and it’s nothing but “you can’t do this, you can’t do that, can’t, can’t, can’t, can’t!” It’s very frustrating. I understand there are other people to consider especially in certain types of neighborhoods but IMO a lot of the restrictions are overkill.

I also find it odd that they (your neighbors) think it’s ridiculous to connect the neighborhood disputes to the shooting of your dog! Hello!! Looks petty obvious to me! Is there a history in your neighborhood of drive by doggie shootings? Doubt it. Having a German Shephard myself, I would love nothing more than to find that individual and tear them from limb to limb! :debil:

Is your doggie going to be okay?
 

Patman

Pantless Wonder
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#9
It looks like you have decided what you need to do. Just be sure to investigate any new property you consider BEFORE purchase. It may even be VERY worthwhile to have a real estate lawyer investigate what constraints you may have prior to closing.

Looking at the pictures of the neighborhood I can see where it might be an issue with people, but if the zoning does not offer any specific indication of your usage being a restricted use, there is no reason besides people getting upset that should not be allowed to use it for personal enjoyment. Suppose you put a giant pink and yellow metal building back there, as long as it met all applicable codes all people could do is make a fuss over it.

The reason nobody was willing to make a ruling on it was most likely because there was no justification for making it illegal for you to use it for your personal enjoyment just like any other backyard attraction but they wouldn't want it to be in THEIR back yard either.

Offering to water and fence it and limit it's use on both time and for personal usage was being very fair but most people are not usually fair once they decide they don't like something so no matter what you did I doubt it would be enough. Sure they could have their pool with screaming kids and whatever else is considered "normal" but if your outside the box then it's bad no matter what.

I'd be more than happy to have you as my neighbor (as long as I could come over and ride ;)
 

RM_guy

Moderator /
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#10
Originally posted by Patman
...Sure they could have their pool with screaming kids and whatever else is considered "normal" but if your outside the box then it's bad no matter what...
Boy, you really hit that one on the head! I don't like it when my neighbor rides his bike around his house for an hour during dinner but I'd rather have that than the screaming kids all freaking day long :|
 

DougRoost

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#11
Yep, deed restrictions, homeowner's associations, city ordinances, and all kinds of things must be looked at. As was noted above, sometimes you can't even add a second story to your home or add a new deck w/o getting a variance, which entails your neighbors getting to weigh in.
 

jboomer

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#12
As much as it upsets me that people are that way, I'd have to agree with all of the above. Patman: I couldn't have said it any better myself.
 
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#13
That is what you get for building in a Yuppie neighborhood. I am fortuneate that I Farm and have (mostly) all the land I want to ride on I have one piece of ground that buts up against a small towns city limits and I have trouble with Weekends rideing their utililty quads in my wheat. I solved that problem by calling the cops, but that did not work as well as when I sprayed with T4D, lets just say they got really sick for a while.
 

Bodge

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#14
He shot your dog? Id have to give that neighbors cars the potato and ping pong ball treatment. Is your dog ok? And have they said EXACTLY what laws you are breaking? Other than the lazy cop dosnt feel like listening to a toll complain over a noise ordanince(sp?) that doesnt exist?(thats the case here)
 
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#15
Luckily the bullet hit her in the right "arm" and after major reconstructive surgery, her cast will come off on Nov 1st at "Why'd U Shoot My Dog Concert" in Layton in my Backyard. This is approved by the city and local bands, tv, and radio stations are having a concert to pay the vet who donated over 4 hours of surgery time to fix her arm.

Before purchasing the land we checked with the zoning dept and it is within my rights to "landscape" my yard as a track and operate OHV and Bikes on it. The ordinance the could give me a citation on is a Construction Ordinance to prevent Dust, Noise, or offensive fumes during construction of houses. It is a strange coincidence that my opposing neighbor is friends with the Mayor and Zoning Manager that came up with this violation.

The Police have come over and a few have given me their home telephone numbers and will not issue any tickets, because they feel I have a right to use the land. The State of Utah would get involved and PUT the city in its place, but I have to get a ticket first.

I have 20+ neighbors that support me, just the few that don't. And many of the supporting neighbors live on the fence line and beg me to ride. The reason the ones oppose me is the impact I'm having on the "ecosystem" of the once vacant field. Noise- F-16 Jets fly over my house all day and are way louder. Dust- I don't want dust on my house either.

I have since gained much support in the city government and the mayor is up for re-election. He has gone on public record quote "I tell my neighborhood kids to ride on my land as long as they wear a helmet", so what gives him the right to say 50cc bikes(that is what the neighbors last complaint was) can't be in my yard. They are not louder than most lawn mowers.

Thank you for your support
-dc