Un-Buildable Lot - Any way around it?

Question

There is a lot for sale in a very desirable part of town, with ocean frontage. The lot for sale has never been built on, and the town has restricted all building on that beach unless there was an existing structure grandfathered in.

According to the town, the beach was allowed to be built on for a period of time, but they have stopped that years back.

I hate to see such a good piece of land sit there. The only benefit to buying the lot is to possibly sell to the neighbor who abuts it (ive been told they don't have any money to purchase it).

My question is, is there any way around this? It has access to roads and utilities. Any experience/wisdom is greatly appreciated!

Lien Vuong · Answer

I'm not sure if it would be a wise choice to solicit the mayor as a partner as they might be deemed conflict of interest but you can research the land, zoning, ask the city what they'd like to see there and talk to local zoning attorneys about the highest and best use of that land would be.

Look up additional projects that are being built around the city as an indication of what the city wants in terms of new projects. You can plead the case that it will be an increase in revenue (property tax) and value to the community.

Brian Ellis · Answer

It is indeed zoned residential, it abuts a couple neighbors. The property in question is unbuildable because of "access way" according to the zoning inspector I talked to. The Towns requirements for street access doesn't fall within the requirements (size of road I believe). And this was incorporated in the 70s. Since then they have denied all building to take place unless there was an existing structure. It is at the tip of a beach peninsula, so the only road out there is probably the width of a car, and it requires four wheel drive.

The towns zoning laws are about 200 pages long, so I have a lot of studying to do.

JD Martin · Answer

Brian, first step is to see what the area is zoned for regarding allowable uses. Assuming the area is zoned residential, the next step is to see what the minimum requirements are for structures within that zoning area - setbacks, square footage, maximum impervious surface, etc. Assuming the lot is in a zoned area, and you can put a structure on it that meets all requirements, it is highly unlikely you can be prevented from building there as it would amount to seizure of property without due process (i.e., zoning you out of existence). Zoning codes have been held to be "the law of the land", but that works both ways - for the resident AND the municipality, who have often ended up with undesirable uses because they didn't think through their zoning code before implementing it.

In general, zoning cannot:

1. Zone you out of existence;

2. Prevent reasonable enjoyment of the benefits of property ownership.

If the town has banned all oceanfront building, the property owner has standing to sue for loss of economic value vis-a-vis other adjoining and similar properties, as the town cannot allow million dollar homes to exist on one lot and tell the neighbor "your lot is worthless". In order for you to have standing you'd have to own the property first.

I would suspect this lot is carved in such a way that building is not prohibited, it would just be economically difficult.

Jean H. · Answer

@Brian Ellis

Could you park an Airstream there and Airbnb it? This way, you don’t have any permanent structures. With a location like you described, on the beach and close to everything, you could make a killing.

Account Closed · Answer

@Brian Ellis, you could look for some small threads of evidence for a foundation somewhere on the property and bull crap your way to a grandfathered structure.  You’d have to be quick and build cheap.  Ok ok, I have an idea..  so build something really small with a poured slab, like a 16x 20.  Make it simple, shouldn’t cost too much.  Make it look old somehow with some recycled stuff and then just wait.  If it doesn’t get any attention, then go in and add some plumbing and see if you can get a ninja to hook you up to sewer... na, sounds a little risky.  You might have to go with the mobil idea.  Even with a mobil your screwed on the sewer, so you’re left with very little wiggle room to hook up to sewer.  Electric might not be too hard but you sure won’t be able to do septic near the beach unless it’s a big lot (probably not).  Ok, your best bet is a camp site.  People love camping near the beach and you can get an out house or two.

Mike Nelson · Answer

You might contact a good zoning lawyer to see if he/she has a solution.

Brian Ellis · Answer

The cottages that reside on the beach are all powered by solar panels, that was my original thought on "best use". I have even thought about a mooring as many of the residents/visitors travel there by boat. So there are definitely possibilities as to what it could be used for, just a question of whether or not the town would approve anything like that. I know it is a strong local community and the owners of the cottages would fight it.

Is it worth throwing a seller finance offer out there to fight the battle?

Alex G. · Answer

You could try buying the neighbor out or buying the lot and quit claiming it to the neighbor in exchange for a beneficial interest in his property.

interest in property

Matt Devincenzo · Answer

I'm painting with some broad brush strokes here...but basically the City/County/State can't deny you the use or rights to your property without just compensation (your constitutional property rights). But there are many many areas all over the country that were once not protected i.e. waterways, wetlands ect, that there are new rules/regulation designed to protect. The solution from a legal perspective is for the City to establish a certain maximum development potential within otherwise undevelopable land that you are allowed to build on. This is/should be codified in the City's municipal codes re: not being able to build in that area.

All that said it could be that you really can't build there...the devil is in the details, but just because something is 'protected' doesn't necessarily make it completely unbuildable. You need to find a local land use engineer or attorney that knows that City's rules and can navigate this. If it is a small area there may not really be one and you might need to find someone nearby that would take the time to study the code to make a determination and present to the municipality for you.

Un-Buildable Lot - Any way around it?

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