Question about lot sub dividing
Question about lot sub dividing
(OP)
Hello everyone. We are looking to get a 1.1 acre lot sub divided in orange county New York. I have a question regrading the property line that will split the lot. Local town requires houses to have setback from the property line of 40 feet in front/back and 15 on each side of the house. In this diagram http://screencast.com/t/uQfaJ6UFBUV The blue line is where we want the property to be sub divided, however there is a small shed about 5 feet away from that line. Will the local town or an engineer say the property line needs to be a certain distance away from the shed also? Even though the house meets the setback requirement from the blue property line? I understand I will have to confirm any opinions with a local engineer or land surveyor.





RE: Question about lot sub dividing
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RE: Question about lot sub dividing
RE: Question about lot sub dividing
and
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RE: Question about lot sub dividing
RE: Question about lot sub dividing
A.
Unless otherwise provided in this chapter, outdoor storage of motor vehicles, trailers, building supplies, raw materials, finished products or machinery and equipment is prohibited, except in accordance with the following:
(1)
Such use shall be an accessory use and shall be located on the same lot as the use to which it is accessory.
(2)
Such materials or products shall not be stored within the front yard and shall not be closer than 10 feet to any side or rear lot line or 50 feet from a side or rear lot line adjacent to a residence district or lot in residential use.
(3)
All outdoor storage areas shall be appropriately screened with landscaping so as to provide an opaque sight barrier at least eight feet in height. In no case shall materials be stored so as to exceed the height of the sight barrier.
(4)
No storage area shall occupy more than 30% of the required side or rear yard.
B.
No material may be stored in such a storage facility that is flammable, combustible, explosive, reactive, corrosive or toxic to humans as defined and quantified in United States Environmental Protection Agency regulations under 40 CFR 116.
RE: Question about lot sub dividing
If you have an existing storage shed, it is likely that you can apply for a variance as they generally won't make you tear down existing structures for the sake of a setback unless the structure creates an egregious encroachment on another property.
RE: Question about lot sub dividing
http://ecode360.com/9614121
See the code attached.
RE: Question about lot sub dividing
RE: Question about lot sub dividing
RE: Question about lot sub dividing
This lot and surrounding lots was surveyed back in 1994 by a surveyor/engineer and we still have the detailed surveyors map.
To get this Lot sub divided along the blue line. Will the engineer have to re survey the whole lot again? Or can he just create the line down the middle using the existing Map?
RE: Question about lot sub dividing
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RE: Question about lot sub dividing
RE: Question about lot sub dividing
Ask the question of whomever is reviewing your plan, but for a 2-lot subdivision I can't see someone wanting a new survey.
RE: Question about lot sub dividing
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RE: Question about lot sub dividing
The buyer of the property (as represented by the lender, mortgage broker, etc.) also wants assurance of the property boundary prior to construction. A survey is generally required every time a property changes hands.
RE: Question about lot sub dividing
- you need to file a plat with the county recorder, usually after paying a fee and getting it approved by the county surveyor
- it is signed by a surveyor
- the surveyor wont sign it unless he surveys and confirms the property lines are shown correctly
- unless as bimr says, you can locate the original guy to do the work, he might not need to do any additional field work
- in order to verify in the field where your property lies, you will also need to have monuments that you can find
- granted - an old plat and legal description is valid, even if the monuments have rusted away but the new owner will want to see them
example:https://www.co.ramsey.mn.us/NR/rdonlyres/7A768FFD-...
RE: Question about lot sub dividing
In order to provide some explanation, here are some things that can affect an outdated survey:
* If structures or paving was constructed on the subject property or adjoiners since the last survey - do encroach on the mapped boundary or setbacks causing questions of ownership, easements, or code issues.
*Newer surveys surrounding the subject property sometimes conflict with the subject survey. If so, the conflict should be resolved to mitigate damages in possible disputes.
*properties with boundaries defined by water actually have the potential to move.
I am sure there are more potential issues. Some of these issues are more common than one may think. If there are issues, the cost of ignoring them can be substantial.