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Something about living in a glass house while being the first to chuck rocks… would be fun to report some people to the IRS and see if you can collect the finder’s fee on them cheating uncle sam. Might even see a divorce and new neighbors. |
And because I have to find something serious to comment on...
This calls for Pelican vigilante justice! Cacti beware :D Well.... you did decide to live there.... rock out on yer patio Rick :) |
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And a ray of hope emerges. I was just copied on an email to the City from a couple who had written to oppose my application. This was their message:
Dear Zoning Board, After communicating with the applicant we have decided to withdraw our opposition letter. Thank you, |
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It's getting interesting now. Tues. night I came home from work and a neighbor was in his driveway. He has a BMW 328i and I had a 320i I sold a few years ago. I had a new Mahle air filter for it I could no longer use, so I walked over to give it to him and chat. He was totally cool, said he'd use me for transfers if I get my FFL and wants to go shoot with me sometime. 10 minutes ago I got a scathing email forwarded by the City from this man's wife! And she sent it last week, but it's just now getting to me and two days after I had a very pleasant chat with her husband in the driveway. I have to think he mentioned our conversation to her. But who knows what goes on there?
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The real Karen instigator is their nextdoor neighbor. She has door knocked us a few times, trying ti round up votes for or against some HOA thing. I'm sure she organized this whole thing and a lot of it done via ChatGPT, as I just can't see everyone writing such long protest letters, cutting and pasting language from the HOA CCRs that clearly lay out why this activity is perfectly ok with the permit, which some of these people need and don't have. I really wonder how this hearing will go, if they just ask me some questions, read all the protests, ask me to rebut them, or what.
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I hate HOAs and the type of people that gravitate to participating in them. Small people in search of power and importance.
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Just got back from my hearing and the use permit was denied. Five neighbors showed up and two of them were represented by a lawyer. Not joking. This guy was out of central casting, just a dramatic bag o’doosh. If I had been a judge, it would have been hard to seriously consider any argument he made. The hearing officer did interrupt him a few times to remind him that what he was claiming I was doing was something I had already addressed and explained how I was not doing it.
Anyway, the reason given for the denial was negative impact on property values. Mind you the three other neighborhood FFLs and non-permitted businesses have been left alone and, so they obviously haven’t impacted property values. I need to find out if I appeal, whether I only have to address that one reason with no new issues allowed to be brought up. Or is it starting the process all over again? And an appeal is another $490 fee. Maybe I can just reapply for my FFL and hope my app gets assigned to a different examiner who doesn’t require me to get the use permit. |
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The legal term to look for is whether the review in your jurisdiction is "de novo" or not. If de novo, its as if the hearing never happened, if not, its limited to the a review of the rationale for the ruling.
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A ffl isn’t going to lower property values. Might increase them…
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Ok, I read over the appeal documents they gave me and it looks like, while the process is a little different and more streamlined, any subject can be brought up, discussed and debated before a board. So, while my main goal would be to bring in a pro to discuss how property values have not suffered due to FFL and other home business activity (permitted or non-permitted), I could be thrown a curveball by a board member or another protesting neighbor.
Trouble is that my nextdoor neighbor is a buddy, I really like him, we look after each other's stuff, says the same Karen is making him want to list his house for sale and move out of an HOA. If I file an appeal, the City will plant another sign in my yard and I don't want that to cause problems if he lists his house for sale. And my not appealing for that reason kind of defeats my claim that property values wouldn't be affected. So I'm considering two other options. Since ATF did not process my application and said they'd refuynd my $200 fee (which I've been waiting on for two months), I'm considering re-applying and just hoping my app gets assigned to an investigator who doesn't make me get the home occupation permit. I now personally know of three other nearby home-based FFLs who were never made to get the permit. Actually, one was, but he didn't have to do the notification letters to his neighbors or have the sign in his yard. So no one is the wiser and no one protested anything. The other avenue is to find someone in charge of code enforcement and write a very strong letter about unequal application of the law and code, giving detailed examples of the other non-permitted businesses in the neighborhood, while citing my own app denial for trying to do the right thing. |
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Keep up the good fight. |
I don't think anyone can claim that property values in Phoenix have gone down anywhere in the last five years. It's insane here. In fact, by that argument, I could look at the hundred or hundreds of home-based FFLs in Phoenix and show that property values keep increasing, no matter what.
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The property value thing sounds like pure speculation, not evidence.
As far as the home business permit goes, before you withdraw and reapply I'd do some intelligence work to see if there's been a policy directive at ATF regarding that. |
For the property value argument, could you take other home based FFLs and use the property value data around their home (Zillow) to substantiate that value in fact did not decrease?
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