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All Forum Posts by: AJ Vanderhorst

AJ Vanderhorst has started 4 posts and replied 34 times.

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17
Originally posted by @Sam Shueh:

After owning it for 10 years you just found out the zoning is messed up? How did you get financing 10 years ago?

We are all confused as well. 

 Absolutely no idea. 10 years ago I had no idea how this stuff worked. Today I'm still a relative newbie. Over the past decade, this property has always been considered multifamily. Agents, city inspectors, consultants, staffers, etc. I've pursued a SUP for this building with an architect, city committees, multiple consultants. I was literally told it was zoned multifamily. Never thought to verify it myself. 

When my lender told me the zoning was weird, I told them, "That's crazy, I know for a fact it was zoned multifamily last month."

Twilight zone.

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17
Originally posted by @Todd Marcus:
Originally posted by @AJ Vanderhorst:

@Todd Marcus @Jay Hinrichs Learning experience...wishing I'd looked for a local lender to handle this refi. Unless the city comes after me, I'm done negotiating with them at this point. Taking a couple days to see if I can satisfy Quicken and if not, I'll hit the reset button...

Do you find that local lenders are more motivated to get appraisals right $$-wise as well? Maybe it's common experience, but mine came in low, and I was pretty unhappy with the comps. 

 Appraisals can always be contested. 10 appraisers will come up with 10 different values due to their ability to "adjust" the numbers in a given category. Most multi-family units in your area are selling for 6-8% cap rates. If you were valued above that cap rate you got a bad appraisal (in my opinion)

 This one came in at the 9-11% range using the most conservative cashflow scenario. 

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17

@Todd Marcus @Jay Hinrichs Learning experience...wishing I'd looked for a local lender to handle this refi. Unless the city comes after me, I'm done negotiating with them at this point. Taking a couple days to see if I can satisfy Quicken and if not, I'll hit the reset button...

Do you find that local lenders are more motivated to get appraisals right $$-wise as well? Maybe it's common experience, but mine came in low, and I was pretty unhappy with the comps. 

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17
Originally posted by @Jay Hinrichs:

quicken will be tough to deal with in this issue.  good luck.

 I'm seriously considering combining 2 of the 4 units and calling it a 3plex to satisfy Quicken and avoid dealing with the city. Do you think other lenders/appraisers would approach the situation differently?

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17
Originally posted by @Nathan Gesner:

@AJ Vanderhorst 

CLICK HERE for a mapping system that allows you to view every parcel in Kansas City.

Type in the property address or move the map to find your property. Once selected, the details will be on the left-hand side of the screen. Zoning is about 2/3 down. Click on the zoning code and that should bring you to the specific details of what is allowed in that zone.

 It's a great system. I've used it many times, but believe it or not, I never verified my building's zoning until the refinance brought it to my attention. Just assumed it was multifamily. Nope, it's listed as a duplex. *mind explodes*

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17
Originally posted by @Todd Marcus:

Back when there was housing shortage (post-war) KC let property owners dice up their homes/apts/etc. into lots of units with no real regulations. Hyde Park has lots of these properties. I've encountered the same situation & the city will stick to what the zoning states today even though it was probably re-zoned in the past 20+ years. In some situations they will "grandfather" the current use even though the zoning doesn't match. Now that you are on their radar they may make your life miserable. I have a client that tried working with the City and lost the right to use that extra unit. They just combined two units to stay compliant with the use and zoning. That's probably not good news for you in this current situation. How many meters does your building have? If the property is metered out to 4 individual gas/electricity meters you can argue that the use was once approved as a fourplex with the city....I've done that in the past and was able to convince the City to allow the current use. PM if you want more info.....I'm not an attorney and can share my experiences....not give advice.

 I've seen those chopped-up homes as well. Have walked through a few of them and envied the fact that the city seems to leave them alone, haha. In my case, this property obviously used to be a sixplex. Three stories, six balconies, center load-bearing walls, etc. I'm still baffled as to how it could've ever been zoned as a duplex. 

At this point, I'm wishing I hadn't contacted the city for advice. As you say, it would be much better not to be on their radar, even though there are hundreds if not thousands of noncompliant properties around downtown. My dealings with them in the past have been frustrating, to say the least. For now, I'm ending communication and keeping my head down...

The building has 4 gas meters, 4 electric, that date from before I owned it. Anyone with half a brain can see it's been a 4plex forever. I'm wondering how I got the original mortgage in 2009 if it was zoned as a duplex back then...a more relaxed appraisal, I guess.

I'm seriously considering combining two units and calling it a threeplex to avoid the pain of dealing with the city. 

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17
Originally posted by @Hadar Orkibi:

@AJ Vanderhorst yes, sound like it was convert at some stage without permits. 

Talk to Ridge landing group see what they say. pm me if you want a referral...

 If things go south with Quicken, I'll likely do that. Thanks much.

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17
Originally posted by @Christopher Lombardi:

@AJ Vanderhorst, I would probably contact a zoning attorney.  It sounds like you can put up a very good argument for why it should be rezoned to 4 family (or given a variance).   It will probably cost you about 5k but would be worth it if you got the variance and you could follow through with your strategy.    A local zoning attorney would also be able to tell you what the likelihood of getting the variance would be as well before you put up much or any money.  

Thanks, Christopher. Ouch, that's a high price tag in this instance. The irony is that this building has been used as a 4plex for decades (6plex before that) and I see no reason why I can't continue using it as such—the zoning snafu has only been triggered in reference to the appraisal/refinance. An extra 5k fee would sure make the refinance less attractive...

A certificate of legal nonconformance is something else I've heard mentioned. I need to do my research, but I'm hoping that would be less costly to explore. 

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17

@Dan Weber@Nathan Gesner I just realized Building and Planning probably = Planning and Development in Kansas City. These are the same people who are currently giving me the runaround. I'm getting very little cooperation from multiple staff via phone/email...worth a shot to show up in person and see what happens I suppose.

Post: 4plex Incorrectly Zoned as a Duplex...Help

AJ VanderhorstPosted
  • Property Manager
  • Kansas City, MO
  • Posts 35
  • Votes 17
Originally posted by @Nathan Gesner:

I agree with Daniel. Go to the building department and start researching. All you need is evidence that it has been a four-plex for a long period of time and they can grandfather you in regardless of the current zoning laws.

 Thanks, Nathan. This seems like my best option. Once I find this evidence, would I be applying for a certificate of legal nonconformance? Something similar?