My client owns a property where the deed is comprised of 12 separate pieces, each with their own legal description. Mostly all the lots are 25 feet wide, some are as narrow as 16’ and 2’. A large church was built on the property circa 1920. No evidence of a lot tie recorded to allow the building to cross lot lines. Although one has not be issued, I would presume the City would be obligated to issue a COC for the property described by the deed because a building permit has been issued. Individually, only one of the lots (85’x140’) would meet the GP, zoning and building code requirements. The issue is my client needs to do a LLA with the residential lot next door. The LLA only involves three of the 12 pieces so the LLA involves only 4 or fewer adjacent parcels. The City needs to determine that each of the resulting parcels complied with the GP, zoning and building code.
My proposal shows the parcel described by my clients deed with the individual pieces labeled along with the residential lot. There are only four adjacent pieces of property affected by the adjusted lot lines. The other nine pieces of my clients deed remain unaltered. I show them so the City can conclude the resulting parcel (all twelve pieces) complies with the GP, zoning and building codes. The City Surveyor says I am not in compliance with the SMA since my LLA includes more than four parcels. My argument is there are only four adjoining parcels involved in the LLA, the others are shown so the resulting parcel meets GP, zoning and building code requirements. He wants me to do a Voluntary Lot Merger first to make the twelve pieces one parcel.
Appreciate others perspective. Thanks in advance.
LLA Question
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mpallamary
- Posts: 3466
- Joined: Tue Mar 11, 2008 2:12 pm
Re: LLA Question
Do them in sequence or pairs first. I would also suggest casting them into separate ownerships.
Does the city have a merger ordinance.
See the attached.
Does the city have a merger ordinance.
See the attached.
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