‘Watchdog’ still keeping an eye on Kirkersville
Recently, I was out on my patio watering plants when I felt a jolt of déjà vu and realized my home was being given a drive-by examination by a former Kirkersville GOB (Good Ole Boy). I knew this GOB had no good reason to be in my neighborhood and I think he was as surprised to see me as I was to see him. He proved that by “making a loop” and leaving quickly. This prompted me to do some examining of my own. Here’s what I found:
Former Kirkersville Zoning Commission Chairman Mike Cloud is attempting to replace his single wide mobile home with a double wide mobile home. That move has stirred up quite a mess! It seems Cloud has been encroaching on his neighboring property for 39 years! Cloud bought a 70’ mobile home in 1972 to put on his property. His property has less than 70’ road frontage yet he placed the trailer parallel to the road. Plat maps show the trailer is more than half over the property line. While I am not sure if the neighboring property is government property (the map shows that it is reserve land), I would bet that Mike Cloud knew when he put the mobile home there that the property wasn’t his! In fact, Mike Cloud was a Kirkersville council member in 1972 and I believe a member of zoning! It was his job to know where his property line was. He has been using land that belongs to someone else RENT FREE and TAX FREE!
A letter to Mike Cloud from current Kirkersville Zoning Inspector John Thomas, says, “Due to the recent property line discrepancies discovered during a recent survey of your property the zoning permit issued to you on March 28, 2012, has been voided until the matter is resolved. A review of village records (village sewer survey drawings) clearly show the original mobile home was encroaching on the (neighboring property) by approximately fifty feet and the north end of the existing garage is within + or - three feet of your north property line. Both of these conditions are violations of the Kirkersville Zoning Ordinance, therefore no further work will be permitted on this project until a new zoning application is completed in compliance with current regulations. A copy of the new survey with building locations shown will be required with the new application.”
Cloud’s response to Thomas states, “We have lived in this location, as I have previously stated for 39 years and this information has never been brought to my attention. However, when I applied for a Zoning permit to build a modular home in the same location, I was told that it was okay to do so.” Cloud’s letter continues by questioning why there were no surveys or property tax maps prior to the issuance of his permit. He also claims that he “followed all the rules of obtaining my permits with expectations that all this information had to be reviewed before I could have a contractor do any type of construction. It was the zoning department and the building department of this county that ensured me that all the requirements were met for me to do the construction that is now completed.” Cloud continues by questioning how they can “void a permit that was issued to me, and required by law, to begin construction after the fact?”
I can answer part of Cloud’s question. Cloud was issued a permit based on truthful answers on the “Application For Zoning Certificate.” The very top of the application states: The undersigned hereby applies for a Zoning Certificate for the following use, to be issued on the basis of the representations contained herein, all of which applicant swears to be true.” Cloud’s zoning permit application (filled out by Cloud) claims that he has 140’ road frontage when he CLEARLY has less than half of that amount.
Mike Cloud has been a public official involved in the planning and zoning of Kirkersville even as far back as 1972 WHEN HE PUT THE MOBILE HOME ON NEIGHBORING PROPERTY! As many times as Cloud has examined the maps and zoning in Kirkersville, you will never convince me and a lot of other people that he didn’t know exactly where his property lines were!
To be continued...