Grandfathered mother in law that can't be rebuilt

Grandfathered mother in law that can't be rebuilt

Rental Property Investor · Wenatchee, WA · Member since 2018 · 99 posts · 103 votes

Hi BP Community, 

Looking for a bit of advice here. I am currently trying to close on a single family home that has a mother in law (MIL) home in the back. The homes are metered separately. 

The appraisal just came back and we were told that although the property is zoned for multifamily, the MIL does not meet legal set back and is effectively on the property line. The zoning requires that the MIL be 15 feet setback from the property line. As such, the appraiser will complete the appraisal as "Legal- non conforming". As I understand it, if the MIL was damaged or burned down, we would not be able to rebuild it. 

The property is a good one is likely to meet or exceed the 1% rule, which is really good in my REI area. The property is also in an area close to downtown that is ripe for gentrification over the long haul.

The appraisal however gives me pause. 

I'm going to call the insurance company and make sure they will insure the MIL. And in the event of damage... they'd let me rebuild it to meet setback and zoning requirements. 

Any advice is appreciated!

Andrew G

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  • Rental Property Investor · Wenatchee, WA · Member since 2018 · 99 posts · 103 votes
    7y

    Here is the note from the appraiser, "The subject consists of 2 dwellings. The current zoning would allow for 2 dwelling units on this property, and it would be considered 'grandfathered', that is it would be 'legal, non-conforming'. However, because the rear house is directly on the rear lot line, with no setback, the rear house “could not” be rebuilt in case of fire or other damage. The zoning that I would be describing in the appraisal report would say "legal, non-conforming and with no rebuilding allowed in case of fire or other damage." 

    @Steve Vaughan- Any experience with this?

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