Types of Expert Witnesses
Written by craig b

Zoning Change From Residential to Commercial

Rezoning property from residential to commercial can be very lucrative but it is important to be aware of risks and issues you may encounter. Read on to learn more.

Assessing The Residential Property

Obviously, you will need the correct permits, and have to think about change of address forms and the layout of the office but changing a residential to commercial property is more complex than installing ADA facilities and putting up a sign. Indeed, you may have to change the structure of the building. Increased noise and traffic may have an adverse impact on the community, the costs may be greater than the budgeted amount and access for employees and customers may be an issue. Therefore a proper commercial building inspection is crucially important. They can look at the property and estimate future repairs that will be required, unpermitted work, ADA compliance and operating costs. Just remember the importance of the inspection, once you have the property, you will be fully financially responsible for it!

Rezoning Property From Residential to Commercial

You will need to obtain approval from your community as well as the government before commencing your plans. It is important to listen to any concerns the neighbors have that may impact the area and be willing to work with them with solutions in mind that can satisfy as many people as possible. Without neighborhood support, it is going to be very challenging to upzone a residential property to commercial use.  To be able to foresee possible objections and have solutions to propose can be very helpful. Personal attendance at all zoning meetings is critical. You can learn more about zoning laws and get to know the elected officials who will be voting on your request.  And you will still have to prepare well. For example, has there been another nearby real property who has done something similar? Were they successful, if so, how and what compromises or agreements did they have to arrive at? All of this information can be of great help.

Request

Once the inspection is complete, file the entitlement application and supporting paperwork and make any needed alterations to government or neighborhood requests. Whenever possible consider a Plan B. If everything has been done correctly, they should find in your favor.  Depending on the jurisdiction in which your real property is situated, zone change requests can take 90 days or 9 months, it all depends on the neighbors’ view of your proposal and the politics of the elected officials charged with enforcing the municipal code and general land plan for your area.  Every application is unique and hiring an appropriate land use and real estate lawyer can be a critical part of your success.

Real Estate Expert Witness Services by Craig Cherney, Esq.

Craig Cherney is a trusted client advisor and a sought after real estate lawyer and expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters.  Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate480-399-2342.  If you are litigating an easement case, Craig Cherney might be able to help you advance and win your case.

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