Wednesday, October 13, 2010

'HEY BIG BROTHER" the sequel 5meb

Someone asked how Mrs. Bihary was dealing with her garage issue. Well, here's her follow-up letter to Councilman Flock. I give this lady a lot of credit: she's smart and not going to go quietly into the shadows. I call it "Moxie"

Dear Andy, October 11,2010

Excavation began this morning at 7am on our garage. On Friday, Oct 1 John Schlund city inspector, the cement contractor, and the construction contractor were in our back yard discussing the placement and elevation of the garage. John said there wasn't a topographical survey done, but the city would help us out with that. He was going to talk to the architect. The contractor called on Friday, Oct 8 and said the cement crew would start Monday, Oct 11. This was a week delay because Mr. Schlund wanted to talk to the architect. Mr. Schlund shows up at the garage site Monday just before noon. He says he didn't talk to the architect. Nothing has been decided about the elevation. He gives me an ultimatum either IO agree to raise the garage floor an arbitrary 8 inches from the drawing or I will have to get the topographical survey done. In other words, stop construction which meant leaving 4 foot trenches all around the perimeter and a dump truck full of fill gravel sitting in the driveway. First of all, I was lead to believe he had taken care of the elevation issue. I had not received a call telling me he was unable to get in contact with the architect. It was my understanding that the construction could not go forward until the elevation problem was solved. The cement contractor works with the city and did not want to go ahead with the digging until he had the cities OK. Since he was going ahead with the digging, I thought the elevation issue was resolved.
Instead Mr. Schlund shows up and arbitrarily moves the floor level up 8 inches. So the crew commences to redo their measurements and bring in three truck loads of fill gravel needed for the change in elevation.
I am halting construction. This 8 inch change in the architect plan causes the elevation of the garage floor to be 9 inches higher then the back door sell. It also means out of the garage the slope will be a foot drop in 7 feet to the driveway. That is too much drop in such a short space. This is also where the turning radius into the garage will be tight. It will be to hard to turn and go up a steep slope into the garage. It the driveway is higher at the garage the water will pool at the back door with no place to go except in the house. (this was the situation when we moved in the house in 1995. The back door was rotted and the stairs to the basement needed replaced. The problem was solved by removing dirt so the water would collect in the back yard.)
I will call a surveyor tomorrow. Hopefully, he can come out at a moments notice. I believe the elevation the contractor was planning to use would have been just fine. We have to go with the existing house elevations. Excavation needs to be done so the water will flow to the back of the property. The problem with that is there is no elevation drop. The city has discussed trenching down the back of all the properties on our street. This would be one answer to the problem. The storm drain is on the opposite side of the street. To connect to that would be expensive and I do not believe the city will let us do that.
So, we are back to the issue of not building anything until the water problem is solved. Jacking the garage floor up so high that it becomes unusable is not a satisfying answer. It does not solve the water problem.
As you know, the city took us to court for not replacing the barn we tore down with a garage. The city was shown in court the water problem we have. The water problem is what destroyed the barn. The water problem is not being addressed adequately or professionally.
The garage will not be built if the city can't come to a compromise with the elevation of the garage floor and some guarantee the trench across the back of the property will be done by the city in the near future.

Bullied by the city again,

Nancy


Well after Councilman Flock was informed of the situation he managed to get all parties together. From the assistant city manager to the inspector, even the cement contractor. It was resolved to go back to the original plans. And we all lived happily ever after. Not so fast... Mrs. Bihary had to shell out another $500 dollars to get here property surveyed remember.
I just hope Ms. McMahon had something better in mind when she mentioned having better relationship with the "customers" of Painesville.

9 Comments:

At October 13, 2010 at 7:55 PM , Anonymous Anonymous said...

The inspector mentioned must be the guy I affectionally call Agent Orange. I have witnessed him walking around town with orange spray paint, marking sidewalks.
I don't think I will mess around with the city after watching what this lady has been put through.

 
At October 14, 2010 at 1:47 AM , Anonymous Anonymous said...

I am still absolutely dumbfounded that the city can force a resident to build a garage -- or even a shed, for that matter. Was this woman given the option of a shed? Honestly, I think this power has to be stopped by whatever means necessary. Giving THIS city that kind of power is very frightening indeed. And now the inspector has it held up. I think this city owes this woman any money for any delays, and what about the contractors whose money and time the city has wasted. This is truly a shameful, scary situation.
We have GOT to get some of these people out of office NOW.

 
At October 14, 2010 at 6:04 AM , Anonymous Anonymous said...

Good Grief, tell her to quit whining. Doing surveys and elevations is a standard part of any construction project.

I would ask why the contractor she hired didn't do this as part of the plans?

I had a garage built at a house 20 years ago and the contractor did a survey and elevation even back then!

I had a driveway poured a few years back, surprise, the contractor did a survey and elevation!

I personally have quit feeling sorry for her, she has tried to take shortcuts at every step in the process and has gotten called on it. I started out feeling like she might have been a "victim" but I now see that we have a pattern forming here of someone who doesn't think she should have to follow the same rules as everyone else.

 
At October 14, 2010 at 7:49 AM , Anonymous Anonymous said...

To 7:55 PM:

LOL, LOL, LOL! Thank you for the smile on such a dreary day! Many years ago, I lived on the North end of town and had my own experience with (LOL, again) Agent Orange. That is an absolutely PERFECT name - funny but not too unkind. He also put orange spray paint Xs on my sidewalk in front of the house. I made the necessary repairs and Agent Orange came back to inspect. We had someone we knew in the concrete business do the work and he seemed a bit miffed that we did not have the city do it. He TRIED to find some fault with the work and then seemed even more miffed that he couldn't find any! All in all it worked out, but he is a rather bitter little guy....maybe it's the paint fumes.
Thanks again for the laugh! (I had totally repressed that memory....maybe it was the paint fumes)

Best of luck to Mrs. Bihary.

 
At October 14, 2010 at 9:37 AM , Anonymous Anonymous said...

Yeah, I quit feeling sorry for her to. Complaining about a garage how foolish. What did she expect? To be treated like Terms neighbor who only put up a shed? Maybe that lady was more distressed financilly? Wait didn't she just win $250,000 in the lottery last year? Mrs. Bihary you are complaining about being in a select group. People who the city screws.

 
At October 15, 2010 at 6:44 AM , Anonymous Anonymous said...

Its a shame that the biggest sporting event in Painesville isn't a Harvey football game, it's who got hunted down and targeted because they stepped into the trap of inconsistant laws and regulations. Gazelle of the Month Award to Mrs Bihary...

 
At October 15, 2010 at 8:40 AM , Anonymous Anonymous said...

Sounds typical. It will become like a mini Steele Mansion situation - where the owner desperately wants to get rid of it (would even give it to the city for free). The owner cannot afford to fix it up, but because of the city going after him so hard he cannot even give it away as no one else wants to deal with the city. The city in this instance have shot themselves in the foot - they cannot afford to demolish the mansion, cannot afford to renovate it, the owner can do neither, and as it is now a historic district and the city prosecuted so zealously, no one will buy it or even take it for free!

I feel great pity for anyone trying to work with the City. I would think in the case of the Steele Mansion the college would be willing to take the land and build accommodation but the city would probably stop that too!

 
At October 15, 2010 at 12:49 PM , Anonymous Anonymous said...

I agree with 6:04 AM!! Mrs. Bihary has expended money,time and grief fighting a battle she can't win. All that extra research and poor me whining... Guess where a garage is being built? I have heard the Biharys talk and they can make your ears bleed. I think a part of how they approached things is a result of how they were treated by the city. Either of your parents ever say, "ill give ya something to cry about?"

 
At October 15, 2010 at 1:27 PM , Anonymous TERM>> said...

Any ideas about what to do about the AMP situation? I don't have to million lying around, does the city?

 

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