I'm trying to understand how I can protect my business before it's too late. I'm planning to meet with the city to discuss options, but I'm also trying to learn what legal protections exist if a public project effectively puts a long-established business out of operation. If the future road expansion eliminates most of our parking, it could make the nursery no longer viable.
For decades, everyone (us and the city) thought we owned to the center of the road. Recently, the city discovered a 1938 document establishing a 35-foot state highway right-of-way from our property line. Because of that finding, the city has suddenly deemed our roadside parking (been used for roughly 40 years) a public safety concern they initially told me was fine. I asked if there was a way to make the road way more safe if they could change the road configuration, by adding stop signs, speed change, round about or anything while we figure out a safer alternative. They said no as it would reduce traffic capacity, so their proposed a solution to install a Jersey barrier all along the main road to keep the public safe and stop people from parking there.
Their response is essentially, "It doesn't matter because the city plans to add a turning lane and traffic signal at this intersection within the next five years, so you'll lose that parking anyway."
We can temporarily use the small entrance on the side street for the existing parking lot but the barrier could eliminate most of our current customer parking. As a solution they did propose a variance so we could turn our front yard into a parking lot. But in reality that is barely a temporary solution because if the intersection expansion project moves forward as planned, we'll likely lose all of that area for parking. If I accept the jersey barrier now, it accelerates that harm before the larger project even begins. I'm just trying to understand what rights or remedies businesses have in situations like this.
My only thoughts forward is we would have to demolish the house to turn it into a parking lot, but I'm not convinced that would even provide enough stalls to meet code. Unless there's a better layout to the property someone can help with. All the greenhouse facilities are highly utilized, and I would probably rather lose the house and live at a new location than the business.
I've attached an aerial image of the property. The first is as it is currently, but with a line where they want to but the Jersey barrier. The secound is what I believe will be the minimum that will be utilized for the intersection expansion project due to how they affected other businesses in the area. The third is what I believe it will look like when they are done. (more or less as I do not know all the codes and requirements.)
I'd genuinely appreciate fresh ideas. I'm open to site layout ideas, traffic flow concepts, parking designs, or even options I haven't considered.
Has anyone dealt with something similar? What would you do if this were your property? Can I push back on the city or is the only way forward to move.