Converted Garage

[Mike Kennedy]

The Fifth Edition of The Dictionary of Real Estate Appraisal by the Appraisal Institute defines highest and best use as: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible and that results in the highest value. Most textbooks don’t mention “appropriately supported” as part of the highest and best use definition.

 

[CANative]

The Fifth Edition of The Dictionary of Real Estate Appraisal by the Appraisal Institute defines highest and best use as: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible and that results in the highest value. Most textbooks don’t mention “appropriately supported” as part of the highest and best use definition.

 

[CANative]

...............

 

[Howard Klahr]

Hey Mike

My attorney friend suggested that I send you this

 

[residentialguy]

Ok, sorry. Got on the phone. Here is the permit FAQ

notice in #33, subsection 4a-91.
"It's permissible to have illegal use, if Ms. Janet is involved."

 

[Ms. Janet]

Awww, that is so sweet!!!!!

 

[Terrel L. Shields]

In short the answer is that no one knows what the heck they really mean...is that what you are saying?

 

[J Grant]

HBU refers to legal use.
If legal use is residential and the converted garage is residential use, then the HBU is still legal.
If a portion of property was not approved for a permit/permit never applied for or granted, that still does not change the overall HBU as legal (residential). The appraiser has to handle that portion of the property that was converted without permits as part of their analysis and valuation in the assignment.

 

[Mike Kennedy]

Thanks for the Coffee Howard.

(2)
Prior to issuance of a building permit, it shall be unlawful to construct, enlarge, alter, repair, move, remove or demolish any building, structure, or any part thereof; or to place any equipment, device or facility therein or thereon; or to change the occupancy of a building from one use group to another requiring greater strength, means of egress or fire and sanitary provision; or to change to an unauthorized or prohibited use; or to install or alter any equipment for which provision is made or the installation of which is regulated by this Code.
(c)Liabilities of the property owner.
(1) The person or entity to be charged by the city in any enforcement of this chapter shall be the registered owner of the property upon which the unlawful activity is occurring. The property owner is held to either an actual or constructive notice of building activities on his property.
(2) The property owner shall be liable to the city for a reasonable attorney's fee together with all costs wherever the city is the prevailing party in any action to enforce provisions of this chapter or the applicable building codes.

ec. 5-8. - Effect of failure to obtain permit.
Any individual or corporation who commences construction within the municipal limits of the City of Coral Springs without obtaining a permit as required by this chapter shall be punished as otherwise provided by law and in addition thereto shall be required to obtain the applicable permit at two (2) times the regular fee.

(Ord. of 9-5-72, § 6; Ord. No. 74-131, § 1, 5-21-74)


https://www.municode.com/library/fl...d=PTIICO_CH5BURE_S5-0CHBUOFISPECOINENPRFLBUCO

 

[CANative]

Thanks for the Coffee Howard.

(2)
Prior to issuance of a building permit, it shall be unlawful to construct, enlarge, alter, repair, move, remove or demolish any building, structure, or any part thereof; or to place any equipment, device or facility therein or thereon; or to change the occupancy of a building from one use group to another requiring greater strength, means of egress or fire and sanitary provision; or to change to an unauthorized or prohibited use; or to install or alter any equipment for which provision is made or the installation of which is regulated by this Code.
(c)Liabilities of the property owner.
(1) The person or entity to be charged by the city in any enforcement of this chapter shall be the registered owner of the property upon which the unlawful activity is occurring. The property owner is held to either an actual or constructive notice of building activities on his property.
(2) The property owner shall be liable to the city for a reasonable attorney's fee together with all costs wherever the city is the prevailing party in any action to enforce provisions of this chapter or the applicable building codes.

https://www.municode.com/library/fl...d=PTIICO_CH5BURE_S5-0CHBUOFISPECOINENPRFLBUCO

What you still don't get after all these years is that is "illegal" for PEOPLE to do that. The result of what they do is not always an illegal use which is what HBU analysis is about.

JGrant nailed it.