Chicago zoning question

[DaveFortran]

I'm appraising what originally was a 2 flat, that appears to have had an addition to the rear probably over 40 years ago adding 2 more units, all units have separate entrances and exits, it is zoned R4, which I believe makes it legal non-conforming. The MLS tax records and the cook county assessor website show it as a 2 unit. I don't know if the owner has a certification document from the city stating its a 4 unit.
I appraised it as a 4 unit, legal non conforming since it meets the criteria for a 4 unit with separate entrances and exits, now the lender wants me to appraise it as a 2 unit. That creates all sort of issues with functional obsolescence. What do I do, stick to my guns b/c it is what it is. And if I appraise it as a 2 unit, my comps would make this the ugliest appraisal I've ever done.

Thank you!!

 

[Mike Kennedy]

"The MLS tax records and the cook county assessor website show it as a 2 unit. I don't know if the owner has a certification document from the city stating its a 4 unit." suggest you immediately contact owner and GET ONE (if exists)........! Was this addressed in Highest & Best Use and Zoning Compliance in appraisal???? Hope so ! Strongly suggest you review your Report ensuring a comment regarding "reserving the right to revise" is stated.....!

"now the lender wants me to appraise it as a 2 unit." odds are EITHER the lender requested a copy of CO from the Owner - and it doesn't exist OR Title Company violation search indicated the conversion was illegal. cross your t's and dot your i's !!!!!!!!!!

 

[DTB]

I'm appraising what originally was a 2 flat, that appears to have had an addition to the rear probably over 40 years ago adding 2 more units, all units have separate entrances and exits, it is zoned R4, which I believe makes it legal non-conforming. The MLS tax records and the cook county assessor website show it as a 2 unit. I don't know if the owner has a certification document from the city stating its a 4 unit.
I appraised it as a 4 unit, legal non conforming since it meets the criteria for a 4 unit with separate entrances and exits, now the lender wants me to appraise it as a 2 unit. That creates all sort of issues with functional obsolescence. What do I do, stick to my guns b/c it is what it is. And if I appraise it as a 2 unit, my comps would make this the ugliest appraisal I've ever done.

Thank you!!

http://w14.cityofchicago.org:8080/zoning/default.jsp

Try this, there is no longer R-4 zoning.

This might help you also:
A situation that did not constitute a nonconforming situation under the previously adopted Zoning Ordinance does not achieve nonconforming status under this Zoning Ordinance merely by repeal of the previous Zoning Ordinance

17-15-0404-B City of Chicago Zoning Ordinance: When a structure with nonconforming elements is partially damaged or totally destroyed by fire or other causes beyond the control of the property owner, the structure may be rebuilt, provided that such rebuilding does not result in a building that is more out of compliance than the building being replaced and provided that a building permit to replace the structure is obtained within 18 months of the date of damage or destruction.

 

[Suz-E]

I have one on my plate right now that the CC assessor says it's not a 3 unit, it's a 2. I informed the LO and told them they need to provide me with a zoning certificate. I do this on many occasions and have never had a problem with the HO providing me with the document. I would try that option first and see what you get.

 

[DTB]

What I'm hearing lately is that if the owner goes downtown to get the zoning cert and says "I'm here to apply for zzz( insert your own #) unit cert" it is often granted righ there, no checking of ANYTHING.

 

[JonGalt]

Have them get a certificate of zoning compliance stating that it is considered x-units. They may already have an old one from when they purchased the building. In this type of case I always ask for one and then scan it into the report. Cook County records can be wrong or out of date. BTW, Cert. of Zoning Compliance can take over 30 days to get.

 

[Stephen J. Vertin MAI]

This subject has been hammered to death on this forum. I have one question for any of you. Where in Cook County can you find out whether a building (many of which are over 100 years old) is not and never was in complience with zoning and codes of its day? You are pizzzzzing into the wind, if you are trying to do this with appartments in Chicago.

Steve Vertin