Dallas-Fort Worth Real Estate Investor Club

Anyone ever dealt with a legal non-conformance before?

  • 23 Aug 2017 5:04 PM
    Message # 5044566
    Deleted user

    Got this message from the city: 

    The property was converted into a 4 plex from when it was originally built. We (the city) believe the property was never zoned for 4 plex. Since zoning ordinances were never installed until 1940 you may prove the 4 plex existed before the zoning ordinances were in place in order to get grandfathered in.

    We believe the property or area has always been zoned “B.”

    Also:

    Aerial photographs show that W Malta was moved from the back of the lot to the front of the lot sometime in the 1950’s or 1960’s. This is a problem because if the property was moved, zoning and code are no longer able to be grandfathered in.


    Basically I have a property on 708 W Malta that's a multifamily in the wrong zoning area. The area is zoned for duplex. I posted about it in detail on Reddit and all the material that I have gathered so far is in my Google Drive. In a nutshell, Planning and Development in Fort Worth wants me to bring them proof that Malta was an apartment before 1940 and that it wasn't moved to be granted legal non-conformance. Otherwise, I'll have to a request a zoning change hearing before City Council which may or may not go my way. 

    So I was wondering if y'all ever dealt with this and have any tips for me. Thanks! 

  • 24 Aug 2017 10:09 PM
    Reply # 5046873 on 5044566

    Oh man, so sorry to hear that.  Good luck with the zoning commission.  I guess the worst case is you can merge units together to turn it into a duplex.

    Please keep us posted on what happens,

      Neil

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