Zoning Question Need HELP! Big Time
Hi guys, I have a problem with a duplex that I am looking at buying. The city that I invest in ( South Bend Indiana) is rezoning most of south bend. 1st problem, the proerty I am looking at buying is going to be rezoned Single family instead of multi family. Now the second problem is that there is an exception to this if I can find out if the property has been a duplex since 1968. Where in the world do I get that info from? has anyone else run into this? I really want this duplex as it is my main money maker, however I am not going to buy a property that is going to be useless to me or that I can't sell in the future. Any suggestions?
Thanks
Joe
[addsig]
Two suggestions.
First, I would contact a local title company and see if they can tell you what use evidence could be obtained through a search of courthouse records--and what the charge would be to search back to 1968. The other suggestion (though it might raise a red flag with the municipality) is to contact the Zoning Officer to see the file on this property on past uses.
We run into this all the time in Chicago. They changed the rules on basement apartments in 1956. So any basement converted to an apartment since then is illegal.But all the pre-1956 units are "grandfathered". Sometimes you can find an old code case (a leaking toilet in the basement apartment is pretty good evidence that there was a basement apartment). Sometimes you can argue that the construction shows that the work was done prior to that time (different materials, etc.) The testimony of any person who knew somebody who lived there prior to that date is usually considered definitive.
How did the city come up with the 1968 date? Generally zoning exemptions (grandfathers) are granted for any uses in existence as of the date of the change (either when the zoning ordinance was passed or when the zoning was changed on the property) otherwise the city is subject to a claim that they have "taken" the value of your property (constitutionally prohibited). There are exceptions but I'd at least ask around a little about this.
Hey thanks both great sugestions. Have either of you ever contacted the post office to see when the second address came into use? for instance if it was originally 708 main street when the duplex was created then there would be an address of 708 and 708 1/2 main street. Thanks
Joe
[addsig]
Also Commercialking I didn't totally understand the second part of your post. Could you elaborate a bit on what you meant as far as the date of the exemption is concerned? thanks
joe
[addsig]
Some additional thoughts.
Have you read the proposed zoning provisions to see how they're defining single-family for this type of property? There are several kinds of single-family--SF attached (townhouse), SF semi-detached (twin), SF detached. Assuming the duplex is a side-by-side, perhaps the city's proposed zoning would be turning this property into a twin -- 2 separately deeded properties.
About your question concerning when a second address came into being, I've not had occasion to do this, so don't know how far back the Post Office's records go. Also, local customs can vary -- in some areas, the muncipality assigns property mailing addresses and notifies the Post Office.
Other possible sources of dating current use: aerial photography (circa 1968 or earlier); building permit records (city); county tax assessor (if the property changed classification presumably there would be a record of that and the change in assessment); some building components may have dates on them.[ Edited by NancyChadwick on Date 04/24/2004 ]
Thanks for the suggestions ancy, the property isn't a side by side I mean you can tel at one time it was a single family home. I will have to check into the other suggestions that you gave though. thanks
Joe
[addsig]
Re the exemption date. It seems odd to me if they are rezoning the area in question to pick some earlier date as the Grandfather time. Why was this done this way? I don't know that there's a hook here but it is an odd practice and I'd want to understand the reasoning.
Again, usually on a rezoning existing uses are grandfathered. You might check with an Indiana zoning attny about whether you can claim exemption on this basis.
Great thanks Commercialking!
[addsig]
It'll be a lawful nonconforming preexisting use and/or structure (i.e. grandfathered), as suggested above.
If your lender finds out that it is a grandfathed use you may have some trouble with financing because if it is destroyed (or in some cases partially destroyed) you may not be able to rebuild.
Also, if rental use is prohibited by the new zoning and it stands vacant for a period of time you may not be able to continue using it as a rental, although the structure itsself would still be grandfathered.
Jerel,
I have heard the same thing many years ago. This was a time when there were Real Estate people in TX trying to get CA investors. The other tidbit I heard was that energy costs were quite high which came as a bit of a surprise considering that Houston is a major center of energy business. Let us know what you find out. Also, hopefully, you will get some TCI posts from well informed sources.
Regards,
Ed
Can you guys give a refferal for an attorney in the Houston / Pearland area?
Thank you,
[addsig]
I am a real estate investment broker in Houston.
Houston has no zoning in the classical sense yet it remains a very good real estate investment market..retail is strong right now....apartments are not...medical office sales & development is very good...general office is competitive with large out of state infux of money....are you looking for something specific?
I asked the question because I am looking at a property that was used as medical/office space. I posted it under the warehouse/office folder.
Jerel