Separating Lots
I’m looking at a property that used to be two separate lots, one was 12×100 and the other 30×100, but there is only a building on the bigger lot and the smaller one is vacant. The lots were legally combined and this property is noted on the Dept of Finance site as one tax lot….
I’m looking at a property that used to be two separate lots, one was 12×100 and the other 30×100, but there is only a building on the bigger lot and the smaller one is vacant. The lots were legally combined and this property is noted on the Dept of Finance site as one tax lot. My question is: Is it possible to separate them back into two lots again? How hard is that process? Where to even begin? Thanks!
OP here– to be clear, my thought was to put it back to the original size lots of 30×100 and 12×100. But tt sounds like it might be hard to recreate that 12×100 though? Hmmm… I was thinking you could build one of those 12′ wide houses, if it was possible. I’ve been in a couple 12″ wides and they are actually kind of cute and cozy.
Min. lot width for most Residential districts is 18′ but could be more – it depends on the district…
Checking the minimum lot sizes is a good place to start but by no means all inclusive of the process….
You essentially have to file a couple of jobs (a subdivision and also new C/O job for the lot with existing building).
In other words, not only do both lots need to comply with minimum lot area/width standards – but you have to prove that the subdivision isn’t creating a new noncompliance for the existing building –
Your lot area will be reduced significantly for that lot so the allowable floor area and lot coverage will decrease as well. You also need to look at yard provisions…
BH – check zoning code section 23-30: Lot area and width regulations: 23-32 & 23-33.
Actually, dibs, I’m not sure if it is permissible. The code states that the minimum lot width, at least in a residential district, is 18 feet.
There is a special provision for existing smaller lots, wherein a single or two-family home may be built upon existing small lots if it “was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit”. The owner might be able to divide the lot and then apply for the permit if she/he can satisfy the ownership requirement, but it could be interpreted that once the lot is combined to form a compliant lot, it cannot be subdivided to create a non-compliant one. That’s one for which I’d recommend a pre-consideration, or at the very least an expediter that’s already done exactly that.
On the other hand, a few weeks ago, I did write a whole diatribe on the potential of building in such a lot (http://bstoner.wpengine.com/forum/archives/2009/08/the_value_of_an.php). Come think of it now, that thread was started by the original poster, yanks21.
Yanks, if you’re interested in pursuing this route, I would be happy to discuss it. Please call me directly.
Jim Hill, RA, LEED AP
Urban Pioneering Architecture
(917) 593-3038
Oops. The minimum lot width is 18′ for new lots being created. It’s ZR 23-32. Look it up in the zoning resolution.
I just did a lot merger. I made a mistake of getting an expeditor that was only familiar with the Dept. of Finance, & not the Dept. of Buildings. I would recommend that you get an expeditor/Architect/Engineer that is familiar with both agencies since the lot apportionment needs to be done CORRECTLY by both agencies.
It took a week to do the lot merger with the Dept. of Finance. I am currently working with an Architect to do the remaining work with the Dept. of Buildings. I guess a good timeframe would be 2 weeks if you hire someone that is familiar with both agencies.
The process is not hard if you hire someone that knows what they are doing.
You should begin by hiring an expeditor/Architect/Engineer.
Shahn Anderson,
Where did you see the sitpulation that the minimum lot width allowable in a partition is 17 feet? I’ve not heard that before.
This is a marvelous piece on living large in small spaces:
http://tinyurl.com/mf3x9c
There’s a 12-ft house on 1st across from the 321 yard, two windows wide; would love to see the interior.
The first house I saw was 13×40 center stair. Quite livable, in a way bedrooms were more proportional than mine, which are 16.5×16.