ZZGAMAZZ
Elite Member
- Joined
- Jul 23, 2007
- Professional Status
- Certified Residential Appraiser
- State
- California
Subject is a the basis of a mortgage re-fi and the report is based upon a 1025 form. Subject is a "legal non-conforming duplex" (per city Planning) on a parcel zoned SFR with re-build status to its current configuration if damaged less than 50%; if more than 50% it must be re-built to a SFR.
I'm thinking that the status "as improved" cannot be the current improvements based upon the "legally permissible" test, although I don't know whether the "legally permissible" HBU test makes a distinction between "legal" and "legal non-conforming."
However, if "legal non-conforming" is not excluded by the 1st test, the current improvement would be HBU by virtue of the remaning tests, as least IMHO.
I don't think my analytical abilties can extend this far and appreciate advice.
I'm thinking that the status "as improved" cannot be the current improvements based upon the "legally permissible" test, although I don't know whether the "legally permissible" HBU test makes a distinction between "legal" and "legal non-conforming."
However, if "legal non-conforming" is not excluded by the 1st test, the current improvement would be HBU by virtue of the remaning tests, as least IMHO.
I don't think my analytical abilties can extend this far and appreciate advice.