Combining lots to meet zoning requirement

[Deleted member 124400]

Subject parcel and improvements: 3.5 acres
Second parcel, vacant, separate SBL; contiguous to subject parcel: 1.5 acres
Minimum lot size requirement: 4 acres
Lender wants both parcels included in value
Made legal non conforming as the primary parcel is 3.5 acres and does not meet current zoning requirement of 4 acres
AMC reviewer insisting that I can add the two parcels together (because they're on the same deed) and state it is legal/conforming as the total is 5 acres even though they are two separate lots.
I'm refusing.
Opinions without snark please.

 

[J Grant]

Imo, you could combine the lots to meet teh minimum of 4 acres; just make it clear that is what is being done-

I am confused as to why, since 4 acres is the minimum, you called 3.5 acres legal nonconforming-- it wasn't legal if it was below minimum zoning requirements.ot mi

 

[Deleted member 124400]

Because it is legal nonconforming. It is a legal single family residence that is non conforming due to its lot size not meeting current minimum requirement. What would you call it?

I called the town in which it is located. They agreed that it's legal non conforming since the additional 1.5 acres has a separate SBL. I told the reviewer that but he is digging in his heels. I'm not sure why.

 

[Dublin ohio]

Because it is legal nonconforming. It is a legal single family residence that is non conforming due to its lot size not meeting current minimum requirement. What would you call it?

It is either legal, legal non conforming (grandfathered use), illegal use or no zoning. Excuse my ignorance but what is SBL. It would seem to me that if they want both parcels included and they are on the same deed and the minimum is 5 acres. What would be the HBU of the 1.5 ac parcel

 

[Deleted member 124400]

SBL is section block and lot. It is a separate parcel with its own tax ID number. Yes, it is legal non conforming grandfathered use. The minimum is four acres but you cannot combine two parcels with different SBL's to meet current zoning requirements due to the fact that they are completely separate parcels. The only way it would meet the 4 acre minimum is if he combined the lots and made it one parcel with one parcel/tax ID number.

 

[Carnivore]

Interesting! The Issue may be about re-build after a fire or something. Typically the Local government would issue a variance or grandfather that parcel. If I owned that property, I would get that in writing.

As far as combining the two lots into one for the appraisal it can be done. The new deed and Deed of trust will indicate the two sites are included, I would get those instructions in writing from the client.

FTR Many home sites have more than one lot. Years ago( way before me) in old parts of my city individual lots were sold in 10-25 ft frontage. You bought enough lots for the size of home you wanted to build. The deeds would indicate that in the legal description,

 

[Deleted member 124400]

You're missing my point. I'm not saying I can't give value for the two parcels. I'm saying that the primary parcel with 3.5 acres and all of the improvements is legal non conforming. You cannot add the second parcel, due to its having a separate tax ID number, to say that it meets minimum lot size requirement of 4 acres. There are only 3.5 acres for the primary house and other improvements.

 

[moecraig]

Connie, these are 2 different legal parcels assigned different parcel numbers and legal descriptions. In my county, if I, as a homeowner, had these similar lots and wanted to combine these lots into one lot, I would have to get both parcels surveyed into one, then go to my county building department and get it approved and after it is approved, have a new deed recorded with my attorney. You are only an appraiser! How can you combine these lots and call it legal conforming???

 

[J Grant]

Connie, these are 2 different legal parcels assigned different parcel numbers and legal descriptions. In my county, if I, as a homeowner, had these similar lots and wanted to combine these lots into one lot, I would have to get both parcels surveyed into one, then go to my county building department and get it approved and after it is approved, have a new deed recorded with my attorney. You are only an appraiser! How can you combine these lots and call it legal conforming???

The appraiser does not combine the lots.
But for valuation purpose, then can either make an EA that they are combined or make it subject the lots being under one blanket mortgage or subject to they are combined on a deed. Ask the client for directions.

 

[moecraig]

I don't think she is talking about valuation but zoning ........It's my understanding from what Connie wrote, that even though she is giving value to both lots the AMC Reviewer, wants her to call it legal ..not legal non-conforming because the total is 5 acres,,,So in essence, he is asking her to combine the lots into one which she cannot do since it is 2 separate lots.