1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Business conducting operations on a residential street

Discussion in 'Business & Corporate Matters' started by ethan, Sep 9, 2021.

  1. ethan

    ethan Law Topic Starter New Member

    Messages:
    10
    Likes Received:
    1
    Trophy Points:
    3
    Jurisdiction:
    Virginia
    (not sure if this is the right section or not?).

    I live in VA and we have a custom rims shop at the end of our dead-end cul de sac. Over the past 3 years, they have used our street as a testbed for their cars, motorcycles, and other various things.

    They also do mechanical work on the street and sometimes the street is blocked where people cannot get out.

    The police have been out numerous times, talked to the business and it stopped for about a week.

    My next-door neighbor has asked them to stop using our street and they have ignored him or berated him when he confronts them on the street.

    Now they have resorted to driving through the cul-de-sac and stopping at his house and waiting for him to come out and say something Or they will do burnouts on the street and speed off.

    The police recently have taken our calls, but they never come out. I hate calling, but not sure what else can be done? We have filed with the city to do a traffic study and other various things, but they as well never came out.

    I don't want any of my neighbors to get hurt as a result of confronting them and asking them to stop, so how should we handle this?
     
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,568
    Likes Received:
    3,190
    Trophy Points:
    113

    Good as any. We all read all the forums anyway.

    Why is a business even allowed on your street? Is it operated out of somebody's home? Is it zoned commercial? Is the business registered with the state? These are questions that should be answered.

    I would hope that, by now, some one has started taking videos of the egregious behavior. Submitting copies of videos to the police to identify drivers and vehicles would go a long way toward getting attention.

    You might also look up your city and county codes to see if there are any violations and then report them to the appropriate agencies.

    Next to last resort is you and your neighbors pool your money, hire a lawyer and file a private nuisance lawsuit.

    Last resort. Sell your home and move.
     
    justblue and Red Kayak like this.
  3. ethan

    ethan Law Topic Starter New Member

    Messages:
    10
    Likes Received:
    1
    Trophy Points:
    3
    The business is in a small shopping center at the end of the street. According to the city, they are allowed to do business within their shop, but not on Yale drive itself, as it's a residential street beyond the red in the image.

    • The red circle is where the business is.
    • Arrow 1 is Yale drive and it points back towards the dead-end where we live. This is where they drive back and forth testing cars etc.
    • Arrow 2 is Butternut and they also use this street for testing and racing more than our area.

    According to the city, this is what was said:

    "RnR Tires should only be conducting business on their property. There was an addition done for them to have a covered space to conduct business directly behind their building but within the property boundaries they are on."

    Unfortunately, we cannot move at this time due to the housing market exploding over the last year or so. I guess we will see if the neighbors would like to file suit, but most either don't care or are too scared to speak up.
     

    Attached Files:

  4. ethan

    ethan Law Topic Starter New Member

    Messages:
    10
    Likes Received:
    1
    Trophy Points:
    3
    "I would hope that, by now, some one has started taking videos of the egregious behavior. Submitting copies of videos to the police to identify drivers and vehicles would go a long way toward getting attention."

    We have submitted a LOT of videos from security cameras, photos, etc, and nothing was done.

    We had a detective out a while back and he stated to send him the videos and things, but that's about as far as it gets.
     
  5. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,042
    Likes Received:
    1,416
    Trophy Points:
    113

    Among other things, you can contact your city/county code enforcement and/or sue for nuisance.

    However, moving might be the only practical thing to do.
     
  6. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,568
    Likes Received:
    3,190
    Trophy Points:
    113

    Any chance that the city would be willing to close off the street with a barrier? A chain link fence would do the trick for not much money. You and some neighbors can offer to pay for it.

    Or even something like this:

    upload_2021-9-9_14-29-26.png

    Or some 300 lb boulders spaced about 4' apart.

    There may be other inexpensive solutions to block off access if you can get permission from the city.

    Keeping in mind of course that you and your neighbors won't be able to use Yale Dr to get to Mercury Blvd anymore. What are you and your neighbors willing to sacrifice to put an end to the business use of the street?

    upload_2021-9-9_14-46-57.png
     
  7. ethan

    ethan Law Topic Starter New Member

    Messages:
    10
    Likes Received:
    1
    Trophy Points:
    3
    I am a DV and can't afford to move in this current market.
     
  8. ethan

    ethan Law Topic Starter New Member

    Messages:
    10
    Likes Received:
    1
    Trophy Points:
    3

    That sounds like a great idea, but I do wonder if the city would approve it? We dont/havent used Yale drive to get onto Mercury blvd in almost 2 years, just to avoid it.
     
  9. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,568
    Likes Received:
    3,190
    Trophy Points:
    113

    You'll never know until you ask. But before you ask I suggest that you get some estimates on a variety of options and find out the process of petitioning the city council.

    Once you have estimates circulate a document among you and the other residents as to how much they would pledge to have it done.

    Remember, a bureaucrat's job is to say "no" to everything if he/she has to think about it. Make sure you are prepared with enough information that would make the council say yes, if they don't have to pay for it.

    Also keep in mind that only a few homeowners may have to foot the bill if most others are complacent.
     
  10. retic

    retic Member

    Messages:
    42
    Likes Received:
    22
    Trophy Points:
    8
    If blocking off Yale isn't an option perhaps installing speed bumps on Yale and Butternut would be. It's difficult to do a test drive when you're limited to 15 mph.
     
  11. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,568
    Likes Received:
    3,190
    Trophy Points:
    113

    I was going to suggest speed bumps until I came across this from the City of Hampton (Ethan's location).

    Are speed bumps an effective way to slow traffic?
    Speed bumps do not significantly reduce speed once the vehicle has left the speed bump. Speed bumps also present a potential hazard to vehicles including bicyclists, motorcyclists, emergency vehicles, and can jolt both vehicle and passengers. For these reasons the City of Hampton does not use speed bumps on public streets.

    FAQs • Hampton, VA • CivicEngage
     
  12. retic

    retic Member

    Messages:
    42
    Likes Received:
    22
    Trophy Points:
    8
    Well that stinks.

    Also looks like blocking a street is a violation of city ordinances, but if the cops aren't going to respond or cite the miscreants when they do show up then that's no use.
     
  13. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,568
    Likes Received:
    3,190
    Trophy Points:
    113

    If the city consents, then it's no longer a violation.
     
  14. retic

    retic Member

    Messages:
    42
    Likes Received:
    22
    Trophy Points:
    8
    Wouldn't that apply to special events where you would need a permit, such as a block party or political protest?
     
  15. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,568
    Likes Received:
    3,190
    Trophy Points:
    113

    Sure. If you can get a permit for an exception to a code violation then it's not a code violation. There are many cities in the southwest that ban burning stuff in your back yard. Yet those same cities will issue permits on a limited and exception purpose. Exceptions, however, are usually built into the code or, at least, in the city charter giving the city council authority to grant exceptions.
     

Share This Page