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Old 05-22-2018, 08:13 AM
 
Location: Raleigh NC
7,781 posts, read 6,140,656 times
Reputation: 6905

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In my opinion, without any knowledge of IN Property Law...

you can put any type of legal deed restriction that you want on it.

by the way that you've worded this:

Quote:
There is a one lot/one dwelling rule here and apparently adjusting the boundaries of the lots triggers a requirement for a zoning variance.
if you have lot A (your current property) and lot B (the adjacent 6 acres) and you just re-deed it as "lot A and part of lot B" - and make that 1 lot with a house on it.... then the remainder of lot B can't be built on.

Get a real estate attorney, pay them the $500 to combine and rename the properties (property of NBP 2018 Book of Maps, lot A and lot B), and make that other lot unencumbered by any title defects or variance requirements.

Or hope that once you move the line the next person can get a variance and feels equally confident they'll get it when they buy the lot from you.
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Old 05-22-2018, 12:42 PM
 
8,390 posts, read 7,385,412 times
Reputation: 18277
Your county may very well not allow you to split off that parcel you want to sell, after you have bought the land. It may be breaking restrictions of size of parcel in the county that you can build on.

Selling the lot with special restrictions of no grazing animals etc., is going to greatly lower the value of the lot even if you are able to get a home approved.

The problem is, it is going to cost you considerable time and money, before you are through getting what you want, before you can sell the remaining parcel. You may end up spending a lot of money attempting to get it approved, and the powers that be, may never approve your planed parcel to have a home built.

It may very well be the best and cheapest solution, just combining them into one lot, and you keep all the land to protect your pond.
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Old 05-22-2018, 12:53 PM
 
Location: 5,400 feet
2,209 posts, read 2,278,381 times
Reputation: 2865
Quote:
Originally Posted by Bertulalan View Post
Pre-approval certainly sounds like the way to go. There's still some risk on my part because if it is not approved then I'm stuck with a lot that has very little worth, but in the more likely case that it is approved I'm assured of getting a decent price for the lot. If denied my only option would be to recombine the lots, after getting the necessary surveys and paperwork completed. It's like walking through a minefield.

Is it possible to sell the full lot and stipulate a 100 foot wide buffer adjoining my property that will be left untouched? My biggest concern is that a new owner would clear this area, which slopes toward the pond, and put horses or cattle on it, and the animal waste would cause an algae bloom in the pond.

Variances depend your local rules and regs. So, you need to be sure that a variance could be approved without a home plan to go on the smaller lot and, if so, if you have to identify and seek approval for set backs, home size, etc. That could lock you into a limited home size and replacement.



I sat on a local zoning board several years ago and it is unlikely there that such a request would have been approved unless it was tied to a specific home size and placement on the lot.
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Old 05-22-2018, 12:55 PM
 
Location: Moku Nui, Hawaii
9,316 posts, read 17,976,237 times
Reputation: 7981
We moved a property line by something called 'consolidation and re-subdivision' and it wasn't too expensive. If the requirement is that the lot has to have a minimum of five acres, then perhaps the boundary line could be curved until each lot has the minimum amount to build a house?

If it automatically puts it into the 'requires a variance' pile just because of the moving of the property line, well, then ask if the variance can be granted without building a house.

Or, if houses in your area are selling like hotcakes, have the house built and then sell it afterwards. That would let you select the placement of the house next door as well as it's size and shape.
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Old 05-22-2018, 10:24 PM
 
8,768 posts, read 10,377,224 times
Reputation: 13824
Quote:
Originally Posted by Bertulalan View Post
The county planning commissioner told me that the lot could be split without getting a variance, but before building on it the owner would have to petition for a variance. There is a one lot/one dwelling rule here and apparently adjusting the boundaries of the lots triggers a requirement for a zoning variance. Denial of a variance is uncommon here. If the owner provides good reasons for a variance he or she will get it. In this case the intended housing density of the area will not be changed, and denial would work a hardship on the owner who wanted to build.
Normally, when a variance is needed, it means something about the parcel is no longer conforming to existing zoning regulations. Unless zoning requires the physical parcel to meet specific specifications for the existing zoning (such as no lot can be less than X square feet) naturally no variance is needed. But if that zoning also has some specification required in order to build a structure, that would normally require a variance if the new parcel doesn't meet the specification.

Sounds to me like they are saying by adjusting the boundaries, the new lot no longer conforms to existing zoning regulation specifications that would allow a building to be erected. So, you need to press them as to the specifics that triggered the lot to be nonconforming to existing zoning regulations regarding buildings.
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Old 05-23-2018, 06:20 AM
 
5 posts, read 1,488 times
Reputation: 10
Quote:
Originally Posted by Rabrrita View Post
Normally, when a variance is needed, it means something about the parcel is no longer conforming to existing zoning regulations. Unless zoning requires the physical parcel to meet specific specifications for the existing zoning (such as no lot can be less than X square feet) naturally no variance is needed. But if that zoning also has some specification required in order to build a structure, that would normally require a variance if the new parcel doesn't meet the specification.

Sounds to me like they are saying by adjusting the boundaries, the new lot no longer conforms to existing zoning regulation specifications that would allow a building to be erected. So, you need to press them as to the specifics that triggered the lot to be nonconforming to existing zoning regulations regarding buildings.

A number of commenters have brought up the size requirement and this may well be the issue. I just assumed a variance was required when the lines were changed, but I also remember reading something about a 5 acre minimum in areas zoned agricultural. So I will contact Planning and find out if this is the sticking point. If the size requirement is the issue, a 65 foot wide strip of the new lot will take slightly less than one acre, leaving 5+ acres on the remainder of the lot. A 65 foot wide addition to my property should be enough to protect the pond and the watershed, and have enough trees to make a visual barrier between me and a future neighbor.
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Old 05-23-2018, 11:40 AM
 
Location: Rochester, WA
3,840 posts, read 2,063,984 times
Reputation: 10587
That is probably the issue. It's probably zoned 1 in 5.

Getting a nonconforming use variance is also not uncommon for a 4 acre piece if that's what's left, particularly if there is a wetland or sensitive area that is being protected.
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Old 05-23-2018, 03:33 PM
 
Location: Raleigh NC
7,781 posts, read 6,140,656 times
Reputation: 6905
or, you could just redraw a 100' buffer around the pond and closer to it - an irregular lot line. and still be over 5 acres
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Old 05-23-2018, 05:37 PM
 
Location: Portland, Oregon
9,812 posts, read 15,924,964 times
Reputation: 6220
Quote:
Originally Posted by hotzcatz View Post
We moved a property line by something called 'consolidation and re-subdivision' and it wasn't too expensive. If the requirement is that the lot has to have a minimum of five acres, then perhaps the boundary line could be curved until each lot has the minimum amount to build a house?

If it automatically puts it into the 'requires a variance' pile just because of the moving of the property line, well, then ask if the variance can be granted without building a house.

Or, if houses in your area are selling like hotcakes, have the house built and then sell it afterwards. That would let you select the placement of the house next door as well as it's size and shape.
I agree with the first paragraph above. A property needs to be of adequate size and need not be a rectangle.

Usually a variance is granted for a specific relatively immediate need so unless you intend to take action described in the last paragraph then I wouldn't hang my hat on a variance given in 2018 will be honored years in the future.
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Old 05-25-2018, 03:15 AM
 
8,390 posts, read 7,385,412 times
Reputation: 18277
From a sales point of view, few buyers are going to even consider a property that requires them to go to time and expense of having to go to the time and expense of getting a varience, plus with your going to restrict animals being able to graze on a 100 foot wide strip facing pond.

You may well find to get what you want to do makes the property impossible to sell as long as other properties without these problems exist. There are problem properties like this property that have been for sale for all over the country for decades.

If you want to sell the property, find a way to get the variance prior to putting it on the market, and price it allowing for drop in value due to grazing restrictions.
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