LEGAL

[MELISSA POOLE]

FOR A YEAR NOW I HAVE BEEN FIGHTING WITH MY TOWN. I GOT A BUILDING PERMIT IN MAY OF 2000. UNDER DISCRIPTION I WROTE MODULAR ADDITION TO AN EXISTING HOUSE. I WAS UNDER THE IMPRESSION THAT A TRAILER WAS NO LONGER A MOBILE HOME IF IT HAD NO WHEELS. SO WHEN IT WAS DELIVERED I HAD THEM REMOVE THE WHEELS AND AXLES. THE TOWN SAYS THAT IT IS STILL A MOBILE HOME BECAUSE IT WAS BUILT IN 1965 AND THAT IT IS ILLEGAL TO BE HERE. THE CASE WENT TO COURT ON 2/20/01. THE DECISION WAS FILED ON 5/8/01. THE CITY ORDINANCE DOES NOT GIVE A CLEAR DESCRIPTION OF WHAT A MOBILE HOME IS. IN THE DECISION, THEY GAVE ME 30 DAYS TO REMOVE IT AND I MUST PAY $500 FOR THEIR LEGAL FEES. I AM FILING AN APPEAL AND MUST PAY A $300 BOND. I AM TURNING IT IN ON TUESDAY 5/29/01 BECAUSE OF THE HOLIDAY. I AM A PHYSICALLY INCAPACITATED MOTHER OF 2 ENTIRELY SUPPORTED BY WELFARE. I ONLY GET $400 A MONTH. IF YOU HAVE ANY INFORMATION THAT COULD HELP PLEASE CONTACT ME AT [email protected] . THANKS!

[Chrissy]

Oh, what a mess! Unfortunately, a modular home is entirely different, as you have found out. At this point in time, I am not aware of anything that can be done. I will, however, send a copy of your message to Eric Alexander, the Director of Development for MHI. He is our zoning expert, and if there are any answers, he will have them. Good luck to you!

[Don Hindle]

When I lived in North Dakota, there was a house in town where the person had run into a zoning issue and what they actually did was stick built a complete structure walls windows and roof around and over the home so that there was basically a stick built structure with a trailer house inside! You would have never known that there was a trailer unless you went inside the home (I found out about when the home was demolished to make room for a new one, they had to tear the structure down around the trailer and then haul it away). Sometimes there is a way to meet the city's concerns even when economics dictate you need to use manufactured housing.

Unfortunately, by now, the city is probably in "pound of flesh" mode and probably will not work with you. Maybe someday they will be will ing to grant a variance for someone to put in manufactured housing, but the first person to get one will probably be installing a new multipiece unit and have a silver plated siting and landscaping plan (and will put the unit on a foundation). Good luck with the court battle but you are probably going to have a tough go of it since the court has already made a finding of fact. Maybe, given your situation, you might want to try to fight this politically [ultimately this is a political issue] , write a letter to the the editor of your local paper along the angle of Goliath is thumping on David, write or call your city council member , etc. Even if you "win" you will probably wind up making at least cosmetic and quite possibly structural improvements to your structure.