Forum Discussion
107 Replies
PA12DRVR wrote:
rtate wrote:
Needless to say, I am RV friendly, but I believe anyone who moves into a restricted neighborhood should abide by the rules they agreeded to when they purchased their home. Thier claim is total BS.
Yep.
For those saying it's only 2.5 feet. Read back in this string where the writer of the article made it clear that the 2.5 foot encroachment was along the entire shared property line, i.e. due to the width, not the length, of the RV.
IMO, they played the handicapped card and won on a very narrow technical basis: that the lower court abused its discretion. Neither the HOA rules nor the substantive zoning law were addressed by the Court. This could come up again.
Setback meens front of property, not the side.- I'm not going along with the handicapped placard card/license that some seem to be obsessed with sooo I'm out of this thread.
Just seems hiding behind a screen mean spirited. rtate wrote:
Needless to say, I am RV friendly, but I believe anyone who moves into a restricted neighborhood should abide by the rules they agreeded to when they purchased their home. Thier claim is total BS.
Yep.
For those saying it's only 2.5 feet. Read back in this string where the writer of the article made it clear that the 2.5 foot encroachment was along the entire shared property line, i.e. due to the width, not the length, of the RV.
IMO, they played the handicapped card and won on a very narrow technical basis: that the lower court abused its discretion. Neither the HOA rules nor the substantive zoning law were addressed by the Court. This could come up again.- Needless to say, I am RV friendly, but I believe anyone who moves into a restricted neighborhood should abide by the rules they agreeded to when they purchased their home. Thier claim is total BS.
rockhillmanor wrote:
Did anybody look at the size of that boys wheelchair and how large it is? Has anyone thought about the turning radius that is required, so he can move in the RV? The boy is currently on a ventilator. Has anyone thought that his medical condition has deteriorated over the years and the support system needed is more extensive.
Still think they did the right thing. The generator is not sufficient to move this young man out of harms way if a hurricane is coming.
omg. :S
1. First of all a wheelchair does NOT fit thru an RV door!
2. Home portable ventilators have a battery back up that works for 8 hours. Allowing plenty of time to move the patient.
3. Anyone living in a hurricane state KNOWS they have a full week notice to evacuated. Hurricanes don't drop out of the sky without notice.
And MOST important?
Any responsible person with disabilities or have family members on life support equipment in the home EVACUATE or call an ambulance vehicle to relocate that person to safety AHEAD of time in a safe and timely manner to prevent lose of life you don't wait out in storms with a handicap that can be life threatening, you EVACUATE.
Trust me you do NOT try to shove them in a MH that does not accommodate them and sit in the path of a storm in it or leisurely drive around in the RV during a hurricane warning just to use the generator. :R
AND
Those people like everyone else that owns a MH and lives in a house ALSO owns another vehicle for everyday travel to get their family member and themselves around for daily use.
If you have a family member this vehicle is also equipped or is a model to accommodates your handicapped family member.
Don't think they used the MH for everyday use nor was it their primary mode of transportation.
You don't honestly think they used the MH 'exclusively' to go to the doctor, shopping, etc with this handicapped person do you? No they where claiming they did and that it HAD to be parked on their property.
It was a shot in the dark to use the handicap card to get around that their "recreational vehicle" they bought was longer than the rules allowed.
grr I get so upset with people misusing handicap accommodations afforded to the truly handicapped.. Fake service dogs, fake handicap placards to park in the handicap spots, fake handicaps to get gov assist. etc etc This family truly had a handicap family member and wanted to USE his condition to benefit themselves, just sad.
How did you come up with that conclusion? :h
I didn`t read any of that in the article!
And who is anyone to tell this family how to care for their son! If they want the RV then that is what they should have!Did anybody look at the size of that boys wheelchair and how large it is? Has anyone thought about the turning radius that is required, so he can move in the RV? The boy is currently on a ventilator. Has anyone thought that his medical condition has deteriorated over the years and the support system needed is more extensive.
Still think they did the right thing. The generator is not sufficient to move this young man out of harms way if a hurricane is coming.
omg. :S
1. First of all a wheelchair does NOT fit thru an RV door!
2. Home portable ventilators have a battery back up that works for 8 hours. Allowing plenty of time to move the patient.
3. Anyone living in a hurricane state KNOWS they have a full week notice to evacuated. Hurricanes don't drop out of the sky without notice.
And MOST important?
Any responsible person with disabilities or have family members on life support equipment in the home EVACUATE or call an ambulance vehicle to relocate that person to safety AHEAD of time in a safe and timely manner to prevent lose of life you don't wait out in storms with a handicap that can be life threatening, you EVACUATE.
Trust me you do NOT try to shove them in a MH that does not accommodate them and sit in the path of a storm in it or leisurely drive around in the RV during a hurricane warning just to use the generator. :R
AND
Those people like everyone else that owns a MH and lives in a house ALSO owns another vehicle for everyday travel to get their family member and themselves around for daily use.
If you have a family member this vehicle is also equipped or is a model to accommodates your handicapped family member.
Don't think they used the MH for everyday use nor was it their primary mode of transportation.
You don't honestly think they used the MH 'exclusively' to go to the doctor, shopping, etc with this handicapped person do you? No they where claiming they did and that it HAD to be parked on their property.
It was a shot in the dark to use the handicap card to get around that their "recreational vehicle" they bought was longer than the rules allowed.
grr I get so upset with people misusing handicap accommodations afforded to the truly handicapped.. Fake service dogs, fake handicap placards to park in the handicap spots, fake handicaps to get gov assist. etc etc This family truly had a handicap family member and wanted to USE his condition to benefit themselves, just sad.- I think most people are aware of the logistics of moving a person with such needs. But again, no where in the article is there any mention that the RV was needed for transportation for the boy. Per the article, they wanted the RV parked at the home "to provide life-sustaining support for Joey in the event their home loses electrical power". The article then says "The Cronleys not only want to park the RV at their home, they also use it when Joey accompanies his parents on trips out of town."
There is nothing there about "evacuation in case of disaster", etc., nor about the inability to otherwise transport the boy safely.
Now, was that part of the court case? Possibly. But without it being mentioned in the article, we really can't assume that is the case.
And while I sympathize with the special circumstances of such disabilities, and I do not like HOAs, I don't have any more information than the article offers on which to base an opinion - and I find that article to be lacking in many ways, as well as to be poorly written and potentially biased and possibly sensationalized. toedtoes wrote:
TOOBOLD wrote:
Did anybody look at the size of that boys wheelchair and how large it is? Has anyone thought about the turning radius that is required, so he can move in the RV? The boy is currently on a ventilator. Has anyone thought that his medical condition has deteriorated over the years and the support system needed is more extensive.
Still think they did the right thing. The generator is not sufficient to move this young man out of harms way if a hurricane is coming.
Toobold - That may all be well and true, but WE DO NOT KNOW because the article does not tell us that. The article does not tell us a lot of information. And that missing information is what's going to justify the decision or not. Do you know if they have a daily vehicle that can transport the boy to safety? The article doesn't mention their other vehicles. If they need to move quickly, a smaller, more maneuverable vehicle may be much more appropriate than a large class A motorhome. Again, we can throw in all sorts of considerations, but there are as many for them as there are against.
Just something else to think about. Have you ever seen the traffic jams on the freeways when people are evacuating for a hurricane? A daily driver might be easier to move, but what happens when the batteries die for his ventilator? Are they suppose to carry a generator in the car or do rescue breathing until they get to their safe destination.
I live in California and lived 2 miles from the epicenter of the Northridge Earthquake and my 5th wheel is stocked and ready to go as my emergency kit. I cannot imagine having a child with such medical needs and not being prepared for all his needs. His electric wheelchair, mechanical lift and ventilator needs tell me this child is severely comprised.
I understand this was about the special variance, but don't think many people understand the logistics of moving a person with such medical needs and the special circumstance this is. In most locations a generator would have sufficed, but they live in a flood prone area due to hurricanes. That RV is probably already stocked with his medical necessities that may make it unmanageable in a smaller vehicle. He is on a ventilator, is a daily driver equipped with a generator that would allow suctioning if he cannot manage his secretions? He looks immobile as per the electric wheelchair and the lift required to enter. Is there enough space in a daily driver to recline his wheelchair to change his diaper? Where would there parents be able to wash their hands afterwards if they became soiled while changing him? Would they be able to keep his necessary medication refrigerated, if needed, in a daily driver? God forbid this child might have a feeding tube. Could it have been done in a smaller RV who knows? Obviously the parents felt this one could accommodate him and felt strongly enough to take it all the way to the Louisiana Supreme Court.fj12ryder wrote:
And that is the slant put on the article by whomever wrote it. "wouldn't let the family slide" wouldn't be the actual ruling from either a zoning board or a court. The board denied the variance request. Why, we may never know. It could very well be for the reasons stated by many posters here, that the variance was needed because the family had a large RV which they viewed as a luxury item, not a necessity. It was not something like they needed additional 3 feet to accommodate a normal handicapped van, or needed to park in front of the house to provide easy access to the handicapped ramps that access the house. I can see where it would be a tough call either way.toedtoes wrote:
Quoted from the article:happybooker1 wrote:
A couple of observations: if you view the article that is one HONKING BIG rig. I *think* they could have got a shorter one.
However..... maybe all this happened AFTER they bought their house. They bought the RV, stored it offsite, no problem. Son got MS, THEN they decided to retrofit the RV (which they already had) for Son's illness and THEN found out about the 2.5' problem of parking it at their house.
AND.... whole house generators are frequently NOT usable during hurricanes or the aftermath. If the gas is shut off for broken/flooded/whatever lines -- no whole-house generator.
I'm also "assuming" they would load everyone up and evacuate the area in the RV if a hurricane was coming. I would NOT want to deal with one stored somewhere else in the panic that was Katrina, and Rita in Houston. I was here for that one.
Yes, in theory your argument makes sense, but no where in the article are any of those concerns mentioned. There is no mention of their seeking a variance. There is no mention of the zoning commission denying a variance.
Again, the article is missing the most important factors in the case: did the owners seek a variance and were denied; did they just ignore the rules and do what they wanted to do; did the zoning commission approve other variances in the subdivision but deny theirs: and so on.
"The zoning board wouldn't let the family slide and denied its request for a variance."LarryJM wrote:
Amen! I don't have much of an opinion on this other than I try to mind my own business. I do what I want on my property. Don't really care what others do.
WOW it's amazing how many folks can misread, misinterpret, or stretch what is contained in an article. This had nothing to do with whether one could keep an RV on their property, etc. nor did it have anything to do with HOAs. It was originally about getting a 2' variance to the existing 5' setback zoning ordinance and then ultimately only about whether a judge over stepped his authority in granting that variance.
Nothing new or worthy of discussion here that might effect us at all.
Larry
