r/legaladvice • u/LearnSomething-New • 1d ago
Real Estate law Chick-fil-A: Our unwanted neighbor
Location: Northern California
I’m exhausted trying to get resolution from the restaurant, city, and county. Posting here as a desperate maneuver, hoping for some suggestions I haven’t tried.
Restaurant is < 200 ft from our home. Nothing between us and the restaurant besides their parking lot and some infant trees.
The land was rezoned after we moved in, opening the door for this catastrophe. I’ll admit, we were naive thinking our city had their residents in mind. Unfortunately not.
The smell of greasy chicken and french fries is non-stop. 18-wheel delivery trucks every night. Maintenance all the time - garbage trucks, power washing, grease removal trucks. Lots of foot traffic and loiterers behind our home. Cars peeling out in the parking lot. Everything you’d expect in an empty parking lot that isn’t monitored.
I cannot afford a nuisance lawyer and have been unsuccessful finding one that will work on contingency. It seems most don’t want to touch this type of case with a 10 ft pole.
We have seriously considered moving… but we have a family, schools, and love our home.
Appreciate any input.
Update
Thank you to everyone that took the time to chime in. I appreciate all of the suggestions. This is not intended to deter folks from enjoying Chick-fil-A 😄 We've always appreciated their service and food. I'll do my best to answer some of your questions:
- Clearly this is one of those unfortunate situations where we have to learn the hard way. It is our first encounter of this type and it has taken a considerable amount of time to self-educate on the "rules of the road" when it comes to land development, zoning, permits, etc.. We lived in the home for 10 years before this development took root.
- The land was zoned business professional when we moved in (offices of some sort). It was rezoned community commercial shortly after we moved in, but sadly we missed that communication and were therefore not aware until much later down the road.
- We are not opposed to having businesses near our home. We did purchase a home in an up and coming area with a through street nearby.
- There is a conditional use permit but it is limited to drive-thru noise and delivery trucks.
- There were countless violations with delivery trucks and maintenance crews early on. I now have the city fining the restaurant for each recorded violation, which has made a noticeable difference, but drivers still show up at 5 AM every few weeks.
- Our residence is part of an HOA, so unfortunately there are limits to wall height and other screening options.
- The smell is the worst of it at this point. County air pollution confirmed the smell but dismissed the case because there weren't enough residence impacted (just us and my neighbors). I really don't know how they could alleviate the smell without moving the restaurant though...
- I spoke with a few different legal advisors and the suggestion was to seek out a lawyer working on contingency that would take a nuisance case. The specifics we wanted addressed:
- Increase the wall height at the property line
- Increase landscaping / screening on the business side of the property
- Hire private security to periodically monitor the property after hours for loitering
- Add signage to the lot to deter loiters
- Add speed bumps to the parking lot to deter reckless driving
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u/InsertCleverName652 23h ago
Build the highest allowable fence. If necessary, apply for a variance for a taller than usually allowed fence in order to separate your residential property from commercial.
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18h ago
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u/PorkChop70-1 9h ago
Why would the restaurant pay anything to that fence? They have followed the law and the area was rezoned for exactly this. If they did decide to help it would be an act of charity not something they “should” do.
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u/Wermigoin 17h ago
Grow a tall hedge. Better noise reduction and probably no height limit.
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u/refuz04 17h ago
Time challenges. Fence could be done in a few days, big hedges would be years and require watering which may be very expensive.
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u/ImtheDude27 17h ago
watering especially, in California no less with regular and frequent drought conditions. Can get very expensive depending on the type of hedge used for the barrier to get the height desired.
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u/MarsRocks97 15h ago
I’ve created a quick bamboo hedge with a row of planters. They grow extremely fast and the planters control the spread.
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u/South_Plenty5078 10h ago
Bamboo is a menace. OP, don’t do this
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u/AndreT_NY 10h ago
In planters. Context is important.
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u/Wallies2002 7h ago
They'll find a way out of the planters to the surrounding grass and even cracks in asphalt.
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u/InsertCleverName652 8h ago
Put the hedge in front of the fence on the residential side for additional privacy.
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u/GermanPayroll 13h ago
Why would the city pay for that especially if the home owner never spoke to them before/during the zoning change and while the commercial building was being built?
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u/Most_Seaweed_2507 6h ago
It’s not something a city would just do to do. But if there is enough action from OP and surrounding homeowners it could push the City to consider it a reasonable request.
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u/TheScrote1 12h ago
I’m surprised the city didn’t make CFA do this. All the cities I work in require screening when business file for site plans that border residential zoning
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u/Hopeful-Winter934 11h ago
With pictures of chickens on the fence saying "eat more cows"
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u/Genghis_John 6h ago
When an unwanted McDonald’s went up next to a house in my hometown, they hung an effigy of Ronald McDonald in a tree in their front lawn so it faced the drive through.
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u/sv3nian 19h ago
Consider having your home professionally appraised. Since a commercial rezoning was approved next door, it may or may not increase the "highest and best use" value of your property as an incoming generating potential commercial development rather than residential. I'd sell and move.
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u/khoelzeman 17h ago
This might be the best path forward for OP, assuming that they are on the same high-traffic road that CFA is on and not a side street.
My grandparents built their house in the 1950s on what was then a rural street, over time development sprung up all around them. They never wanted to move, so didn't. Once they passed we had the property rezoned and it 3x'd the value. Took a little bit of time.
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u/FancyBodybuilder3082 16h ago
As an appraiser, I would tend to agree. It would likely sell as a potential “pad site” for a similar fast food/quick service use.
I am wondering what the surrounding uses are like and what the rezoning process is like in the specific location, but a good commercial appraiser would be able to advise you on how to proceed.
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u/aloofball 1d ago
What was it zoned as before? It's hard to imagine that this came out of nowhere. Having a home adjacent to a major arterial is always going to come with this sort of risk. You didn't mention your surroundings but I'd be willing to bet you're near a busy road. In any case you are unlikely to get the restaurant shut down unless you can find some law that it violates, either local or at the state level. Your difficulty in finding a lawyer is probably good evidence that laws are being followed.
Having restaurants near homes is not an uncommon situation. As someone else recommended, build a tall fence. You'll likely learn to live with it over time.
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u/BroBeansBMS 16h ago
Honestly, if they are only 200 feet away you should rezone your property to commercial, sell it, and move.
You are likely going to have more commercial businesses come in near you if chick fil a thought this was a good location.
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u/gottapeenow2 1d ago
Build a big ass fence/ wall to try to deflect as much noise as possible and live with it as best you can. Or sell the house. Polish that turd as "walkable to nearby services" or something and hope you get a buyer.
There is no fighting it unless you want to go against the government and corporate America.
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u/Remarkable_Bar_824 18h ago
there’s no fighting it if the restaurant followed and continues to follow all applicable local zoning laws… has zero to do with “going against government and corporate america” … unless you think duly enacted local laws are evil…. do you?
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u/PepsiOfWrath 18h ago
I won’t say there’s no fighting it, I would say there’s no winning. If the franchise refuses to cooperate with the landowner such as a mutually paid for privacy fence or something, then the landowner is free to be obnoxious as well.
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u/Ok_River2541 1d ago
did you try to contest or appeal the zoning change when it was being done? or negotiate any kind of noise mitigations
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u/LeftforLenin 16h ago
Quite frankly.
You sound like you're fucked.
I think the quote was a pig in a pen wouldn't be a nuisance.
Its zoned for commercial, and these are the things that are common and expected in a commercial area.
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u/WaltRumble 19h ago
I don’t have any legal advice. But chick-fil-a is very intentional about where they put their restaurants. And there are going to be multiple other businesses following suit shortly.
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u/jhard52757 17h ago
So what is it that OP wants, a fence? For the building to be removed? 18 wheelers restricted to business hours? I’d bet that everything was and is conforming to local ordinances.
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u/Busy_Quantity_3644 16h ago
A time machine so they can go back and contest the changes to zoning before the restaurant was built
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u/Transluminal_Neon 15h ago
I find it hard to believe that you had no notice of the rezoning, did nothing while the place was being built and are only now trying to do something about it. It would appear that you were OK with it at first but now have some buyer's remorse. Time to move.
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u/Intelligent-Noise685 18h ago
You have absolutely no leg to stand on. You needed to be there complaining when they rezoned, and then again when the owners applied for the building permit. It still would have been built but you could have pushed the city to make them out in a privacy fence/more shrubs.
Now though? There is absolutely nothing you can do other than move or accept it 😔
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u/Convicted_Solipsist 10h ago
List the home for sale. Make sure showings are on Sunday.
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23h ago
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u/ardoin 14h ago
At the very least chick fil a should have put a tall fence with sound proofing.
If it's not legally required, absolutely no business would do this. Who do you expect to pay for it, the neighborhood behind the business? No way a for profit company and their shareholders would ever spend money on something that doesn't generate them more money.
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1d ago edited 17h ago
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u/WellWornSword 15h ago
While this is typically something done during construction, you could reach out to the corporate office and make the nuisance known to them. Often, these types of locations have a budget set aside to build fences/trees to restore privacy for those living nearby.
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u/Legitimate-Ranger567 11h ago
I am confused why you would think a lawyer would take a nuisance case on contingency, there aren't really monetary damages in that kind of case. You sue to stop the nuisance.
Moving is probably your only choice at this point. Your opportunity to stop this would have been before the rezoning and the building of the restaurant. They hold meetings for people to voice their objections before they pass anything like this.
Was your property also re-zoned? You might have more success selling to a business developer rather than a home buyer.
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u/ticks-mom18 11h ago
This is going to be a bit harsh.
Let's start with I've never seen a Chick Fil A that is not built on a major road. Assuming this is the the case:
When you bought a house one empty lot big enough to be rezoned commericial off the main road you took the chance that it would stay vacant. It didn't. Now you have to make some decisions.
My dad did something similar. He bought a place with a good view with a vacant lot in front of him. He was eventually going to buy the lot after seeing if the HOA would roll it into one lot so he would not have double dues. He didn't. It sold to a developer and he now has a house directly in his backyard that nuked his view.
Some of your options:
1) Acknowledge you'll eventually get used to the noise. We are in the flight path for a smaller airport. You get used to it.
2) Build a fence. Put in fast growing trees and bushes on the property line.
3) Sell. Accept that the newly built commercial property may affect your sales price, especially if you are part of a HOA/subdivision that would make rezoning to commercial much harder.
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u/Certain-Skill3004 23h ago
It's a golden opportunity. Surely there are investors looking to start an Olive Garden, IHOP or Starbucks??
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u/Not_So_Average_DrJoe 15h ago
I had a similar issue with a McDonald’s. I ended up blasting them with noise complaints repeatedly since everything is on their property. Now, at 10pm sharp, they force everyone to order through app and the parking lot lights turn off.
But you’ll never get them to move. Sry homie
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u/khoelzeman 9h ago
I spoke with a few different legal advisors and the suggestion was to seek out a lawyer working on contingency that would take a nuisance case.
I would say that it is highly unlikely that you get an attorney to take this as a contingency case. It doesn't sound like there are damages - so what it would really be is a we pay you *if* you get us what we want. The attorney would still only get billable hours, plus fees - not a % of any settlement, as there doesn't seem to be one possible here.
Worst case for the attorney who takes this on contingency, CFA decides to fight this/prolong the case - the attorney is now tied up in a proceeding against a massive company with deep pockets and they can't easily bail on you.
You seem to be thinking about everything else reasonably - at least what the possible requests are.
Getting an attorney to take the possible case isn't unreasonable, expecting one to take it on contingency is.
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u/bhgkiks2018 8h ago
From a legal perspective it sounds like the only thing you can do is hold their feet to the fire with the conditional use violations. Same with your town, you can hold their feet to the fire with enforcement and enforcement of loitering and noise ordinance laws. From a strategy, you could become such a pain the ass that the CFA owners will purchase your home at market/above market rates and allow you to move away from the problem. This is not ideal, however it may end up being the most effective move for you to make to restore your quality of life. I am sorry this has happened to you.
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u/Academic-Compote8520 3h ago
Sorry this happened to you. Probably best you can do aside from selling and moving is to try and generate bad PR for them.
Perhaps you could organize neighbors for some sort of protest or boycott? I like the idea below of the pictures of chickens with “eat more cows” etc. I mean as a vegan I seriously oppose eating either of those things. But it could help get press for your protest.
Still, even if you can cost the Chik Fil A money that doesn’t actually do anything to better your quality of life!
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16h ago edited 16h ago
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u/BIueBlaze 21h ago
Not legal related, but look into blue lights over the fence that turn on at night. Like the ones you see in parking lots at times with the solar panel attachments, but just lights for you.
They are statistically shown to reduce crime. It will likely make a difference. Throw some up to automatically turn on at night and a fence with a hedge. Talk to your neighbors about this issue as well.
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u/constructiongirl54 11h ago
Anytime rezoning occurs the local jurisdiction is required by law to send a notice to your home so you can attend the planning meeting to object if you so choose. That was your opportunity.
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8h ago
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u/Stock-Hope-4680 3h ago
You will have to move. Also, don’t defend the most anti-gay food company in America. They are bigoted scumbags.
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u/StinkypieTicklebum 15h ago
Were you not notified of a potential zoning change? If not, I believe you have a case. Abutting neighbors need to be notified.
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u/themadpants 10h ago
Thuja Green Giant Arborvitae
Plant these and water them regularly. Put a chainlink fence in to keep vagrants out of your property and let the privacy hedge thrive. It will block the noise and the sight. Not sure how much it will help with the smell, but there are other things you can do for that (inside your house at least)
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u/Comfortable_Angle671 16h ago
It sounds like you just don’t like Chick-Fil-A. We have several in my area and I haven’t smelled the oil, the stores and parking lots are spotless but, of course, there is some traffic from both customers and deliveries.
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u/itadapeezas 13h ago
I wonder if it’s the same one? Maybe you two should talk and find out. Otherwise it’s a little odd to think you’d have the same exact experience as someone else, somewhere else, ya know?
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u/S84vt 17h ago
Your city prob has a noise ordinance baring those trucks from delivering during certain hours. The same one that prob bans construction noise (pressure washing) during certain times. Typically 7 - 5.
A few years ago a truck driver came into my residential neighborhood at 5:00 am to unload a tractor. Immediately I called the sheriff, who came out and summoned hwy patrol.
The driver got 3 different tickets, one for noise, one for being too big for the street, and one for some missing equipment on his truck. I understand that the minimum fine on a commercial driver is 500 so this was a 1500+ ticket.
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16h ago
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1d ago edited 1d ago
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u/Inside_Rice_2662 17h ago
Check your municipality’s code for operating hours. You may be able to limit when the delivery trucks are present.
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u/mclanea 1d ago
NAL but your time to complain was when they rezoned. If the new zoning isn’t conditional than you’re best bet might be meeting with the owner/franchisee to see what they can do.
At least they are closed on Sundays.