Subject (R2 Zone) and Comps (R2, R1, R1, R1)

[Matt Anzaldo]

ABOUT ME: I am a licensed trainee with 2000+ hours of field experience (will be submitting my paperwork this month for my AL in Calfornia).

HOUSE: Located in a R2-Zone, it's a SFR, 1600 sq ft house. built in 1949 and has a det 2 car garage.

SITUATION: My subject property is an R2 and I could only find ONE other comparbale R2 located in the same neighborhood within a mile away. I really don't want to go over a mile and jump neighborhoods, so I used THREE R1 comps properties to support appraisal. I have alredy went on the inspectino and shoot the pics for comps, all comps and subject were comparable regardless of zoning.

QUESTION: I NEED SOME VERBAGE to explain the zoning of the subject compared to the comps. Can you give me some examples of how you handled this situation? and/or Most importantly, what type of verbage do you use to explain this?

REASON FOR POST: Looking for some verabge you may have used to describe R2 subject vs. R2, R1, R1 and R1 comparables.

ANY POSTS I DO APPRECIATE

Thanks,

Matt

 

[Walter Kirk]

Would a typical buyer of a house in an R-2 Zone consider a house in an R-1 Zone? Without a thorough understanding of the local zoning regulations it's hard to provide a definate answer to your question. In my market area buyers seldom ask about the zoning.

Since you have one comp with similar zoning you might want to give that comp most weight and explain that you have done so because of the zoning.

 

[Rudy Canoza]

From Bakersfield planning division...

R-1 Zoning: 17.10.020 Uses permitted.

The following uses are permitted in an R-1 zone:

A. A one-family dwelling;

B. Accessory buildings or structures, including a private garage the area of which shall not exceed twelve percent of the area of the lot;

C. Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees, not used or intended for commercial purposes;

D. Home occupations, as defined in Section 17.04.330 and in compliance with the provisions of Chapter 17.63;

E. Swimming pools and hot tubs;

F. Garage and yard sales as defined in Section 17.04.305;

G. Real Estate Tract Sales Office and Model Homes.

1. Each subdivision tract is permitted a maximum of six model homes, one of which may include a sales tract office, for each home builder in the tract. Additional model homes may be permitted subject to approval by the planning director.

2. Model homes may be constructed prior to recordation of a final map for the tract; however, no such home shall be offered for sale or rent, or be sold or rented until the final map has been recorded pursuant to Title 16 of this code.

3. Sales offices shall only be used during the original sales of the lots and/or homes within the subdivision tract in which they are located.

4. A sales office shall be located in a model home; however a separate temporary office which may include a commercial coach or mobile home, is permitted for a period not to exceed ninety days pending completion of construction of the model home. Any sales office located in the garage portion of a model home shall be removed and converted to a garage prior to the building department releasing covenants restricting the model home’s sale and issuing a certificate of occupancy.

5. The vehicle route leading to and in front of any sales office, shall be paved from an existing improved public street prior to the public being invited to that office regarding sales of lots and/or homes in the tract;

H. Small family day care home as defined in Section 17.04.160;

I. Second unit, as defined in Section 17.04.539 and in compliance with the provisions of Chapter 17.65;

J. Large family day care home as defined in Section 17.04.159 and in compliance with the provisions of Chapter 17.67;

K. Ramp, platform, basin, pool or other accessory structure used for the riding of skateboards, rollerskates, rollerblades, bicycles, motorcycles, or similar devices, provided the structure does not exceed a vertical height (above or below grade) of four feet, or a horizontal area (one structure or total combined area if multiple structures) of one hundred twenty square feet. Such structures made nonconforming by this subsection shall be brought into conformance, obtain conditional use approval, or be removed by March 31, 1999;

L. Residential facility serving six or fewer persons;

M. Park for passive daytime recreation use with no lighted fields;

N. Domestic water well(s). (Ord. 4300 § 1, 2006; Ord. 3964 §§ 8, 9, 2000; Ord. 3868 § 1, 1998; Ord. 3838 § 1, 1998: Ord. 3768 § 6, 1997: Ord. 3613 § 4, 1994; Ord. 3518 § 2, 1993: Ord. 3477 § 7, 1992: Ord. 3226 § 3, 1989: Ord. 3087 § 1, 1987: Ord. 2985 § 1, 1985: Ord. 2697 § 1, 1982: prior code § 17.13.020)


R-2 Zoning: 17.14.020 Uses permitted.

The following uses are permitted in an R-2 zone:

A. Any use permitted in an R-1 zone;

B. Limited multiple-family dwellings;

C. The accessory buildings or structures necessary to such use, located on the same lot or parcel or land. Accessory buildings on lots developed with one family dwellings shall not exceed twelve percent of the area of the lot. (Ord. 3681 § 2 (part), 1995: prior code § 17.15.020)


It's basically the same thing in Bakersfield...just because it's R-2 doesn't mean you can have a quadruplex...

 

[ttaM kooC]

You might also check whether more than one dwelling unit could be built on your subject property. In my area of L.A. County, there are lots of areas where there are SFR's on R2 lots (for example), but they no longer meet the current zoning requirement for more than one unit, so they are limited to SFR use and would comp well with R1 SFR's. For example, there might be a subject SFR on 6000-SF R2 lot, but if current R2 zoning requires 3500 SF of lot area per dwelling unit, the higher-density zoning becomes sort of a moot point.

Check to see if your subject site could legally support more than the R1 comps you are looking at.

 

[Elliott]

H/B Use trumps zoning. My response would be....
"This appears to be a frevious request for comparables
for identical zoning that bear no relationship to the
highest and best use of the subject and comparables
which is clearly single family residential. Its a distinction
without a difference."

Elliott

 

[hal380]

Hi Matt;

In my market this is pretty much a non issue, especially if the subject is a legal conforming land use. Keeping in mind that our job is to research and report market reaction to our comps and thereby form an opinion of value for our subject, I would simply do that. If your market is "Zone Sensitive" then I would comment as to the extent of zone influence on the comps. If not zone sensitive then I feel there is no need to deal with a non issue.

Regards

Hal

 

[jay trotta]

ok, I'm having a problem with this latest rash of "Zoning" issue's;

we are NOT licensed to get into what "Zoning" will or will not allow; this is a "Legal Issue" - we are not responsible for things of a "Legal Nature" - they need to contact their Legal Council or deal with the Town/Municipality as their needs occur. Read your Limitations & Certification again, you sign it every day.

What and How does the everyday Buyer/Market know about Zoning ?

How many Realtors educate Buyers on Zoning Issue's in their presentation on "Marketing" ? In their "Advertising" of a Listed property ? Is Zoning affecting "Marketing" in your area ? Can you prove it ?

 

[Mike Garrett RAA]

IN MY MARKET there would be little, if any, perceived difference in value; however, when I was in Redondo Beach at my sister-in-laws a couple of years ago I noticed a lot of new construction on existing lots near the beach.

My brother-in-law, who had recently purchased a new home there but was a long time resident of the area said...

"The only way a person could afford to build in the area was to buy an existing older home on a lot zoned for two family (R-2) and build a new home with a second unit that they could rent out in order to make the monthly payment on the property. Typical prices were between 1 to 2 million".

So, would the zoning make a difference in the value? Sure looks like it to me.

 

[Karl]

ok, I'm having a problem with this latest rash of "Zoning" issue's;

we are NOT licensed to get into what "Zoning" will or will not allow; this is a "Legal Issue" - we are not responsible for things of a "Legal Nature" - they need to contact their Legal Council or deal with the Town/Municipality as their needs occur. Read your Limitations & Certification again, you sign it every day.

What and How does the everyday Buyer/Market know about Zoning ?

How many Realtors educate Buyers on Zoning Issue's in their presentation on "Marketing" ? In their "Advertising" of a Listed property ? Is Zoning affecting "Marketing" in your area ? Can you prove it ?

Was easier to quote than to say the same thing.

BUT!! then again there are those Appraiser's that will send an Appraisal to the board because it had CR-3 when it should have been CR-1. Slowing the investigators down from looking into the appraiser that used a Custom Home on the Golf Course for a comp on the Double wide in the boonies, And the investagator finds that when it is a CR-1 or CR-3 The county MAY have rezoned that particular lot cause it was a relative of a member of the Zoning Board etc etc.

Above paragragh is a TRUE story.