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Use Variance

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SMHead

Freshman Member
Joined
May 27, 2017
Professional Status
General Public
State
New Jersey
Is getting an appraisal done by somebody on the zoning board who may be voting on the property next door to me getting a use variance a conflict of interest? Yes just my dumb luck that's who I got a proposal from. Also I can't seem to follow advice here and get to appraisals done of my property one as it is now and one after the person gets. Would somebody actually be able to recommend an appraiser for us thank you
 

SMHead

Freshman Member
Joined
May 27, 2017
Professional Status
General Public
State
New Jersey
Sorry, an appraisal done on my property now and after they get the use variance approved next door. smh
 

Walter Kirk

Senior Member
Joined
Jun 24, 2003
Professional Status
Licensed Appraiser
State
New Jersey
I doubt that a zoning board member who has recently appraised your property would vote on any zoning change which would effect your property.
 

Tony V

Elite Member
Joined
Mar 29, 2005
Professional Status
Certified Residential Appraiser
State
New York
I agree with Walter. That member would, IMO, have to recluse themselves from the vote.
 

SMHead

Freshman Member
Joined
May 27, 2017
Professional Status
General Public
State
New Jersey
Thank you for the responses. I specifically asked for two appraisals one before and one after. Would anybody know why I cannot seem to get one of after?
 

Howard Klahr

Senior Member
Joined
Oct 4, 2004
Professional Status
Certified General Appraiser
State
Florida
anybody know why I cannot seem to get one of after?
Most residential appraisers are not familiar with that type of appraisal. Try contacting the county/township engineering dept or the state highway department to find out what appraisers they use to eminent domain work. One of them should be able to address your request.
 

BarbaraNJ

Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
New Jersey
I am coming in late to this discussion. I've now read all of the prior posts regarding your situation. Being in NJ, I would love to know which town you're in, if that's possible. You can send me a private message if you don't want to reveal the town.

To answer your first statement/question, it is absolutely a conflict of interest for the board member to participate after being your appraiser. I am a bit surprised that he/she took the assignment in the first place. As far as valuation is concerned, no one can estimate the "after" market value because there is no "after" yet. Appraisers use closed sales to estimate value, so you would have to wait at least one year and perhaps 2 to 3 years to determine from the market data which type of impact the project had on your property.

But let's be honest---commercial use right up against residential use rarely has a positive impact on the value of the residential property. Have you spoken to the local tax assessor ? If the assessor is friendly/helpful, you may get some information from him/her. The assessor will NEVER give you a "before" and "after" assessed value, but may be able to guide you to other areas of your town where the same thing has happened.

Some advice on zoning boards. A developer never purchases property without having first "tested the waters" in the town. You can be certain that discussions have already taken place between people associated with the project and the local politicians. (This is New Jersey, after all). Unless you can expose some wrongdoing (like bribes), the building will be constructed.

Try to take an objective, non-biased look at your home. I know it's difficult, because most people have an emotional tie to their residence. But if you can settle on a realistic value, (the assessor information may help) it's best to sell.
You have already spent money on an appraisal, will be spending money on a shared attorney, and will have to wait at least 2 years to find out the true impact on the market value of your home. And if the value of your home decreases by $50,000, what can you do besides file a tax appeal ??

Once you have arrived at a reasonable value and the applicant still refuses to purchase your property, you MUST appear before the board with an attorney to point out that many of the necessary variances would go away if the applicants would agree to purchase your property. That's a tough case for them to fight.

I completely understand that I am taking a negative approach, but I have had exposure to your entire scenario. I have served 2 terms on my town council, one term on the planning board and one term on the zoning board. I have been a licensed appraiser and licensed realtor in NJ for 20+ years. I have performed countless tax appeals in NJ. Unless the entire town comes out to protest the development on this site and the town council and mayor fear that they will not get re-elected, the project will move forward.
 

hastalavista

Elite Member
Joined
May 16, 2005
Professional Status
Certified General Appraiser
State
California
As far as valuation is concerned, no one can estimate the "after" market value because there is no "after" yet.

The above is 100% incorrect.
To address the above, appraisers can use a hypothetical condition (usually) or an extraordinary assumption (probably not applicable in this OP's case).
As I mentioned earlier, the OP needs to find a qualified appraiser. This is a no-brainer for a competent appraiser.
 

Dublin ohio

Senior Member
Joined
Mar 20, 2008
Professional Status
Licensed Appraiser
State
Ohio
But let's be honest---commercial use right up against residential use rarely has a positive impact on the value of the residential property

How do you know that the variance is for commercial use. Could be for different residential use. Could be variance for setbacks, lot coverage, etc.
 
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