I bought this property in early 2022. The last survey was from October 2021. It’s two lots listed as one property since the 1940s. My documents say both lots are mine, and the tax site lists them as one address. Each lot has its own driveway apron. After moving in, I added a fence around the entire property, covering both lots, and the city gave me a permit for it. But now they’re refusing a carport permit, saying the lot I want it on is ‘vacant.’ I asked for a definition of ‘vacant’ but haven’t heard back. The survey shows two lots, but it’s measured as one. There’s a line down the middle that I think is the lot line. I don’t see why I can’t build on my own property.
Sounds like you might have a house on one lot and an empty lot next to it where you want the carport. If that’s right, it could be because you can’t put a detached structure on an empty lot. They might be worried you could sell the lot later, leaving a non-allowed structure there.
You may need to combine the two lots officially into one property and then apply again. That way, the carport and the house would be on the same lot.
@Haven
City planner here, and I think BBN is right. Check if the lots are one legal parcel or two separate ones. Your deed and title report can help with this. Sometimes the tax office gives one number to multiple lots if it’s the same owner, but that doesn’t mean it’s one legal parcel.
If they’re one legal parcel, there shouldn’t be a reason to deny the permit. If they’re separate lots, they’re correct to deny it since most places don’t allow a building on a lot without a primary structure, like a house.
If your documents show one parcel, try talking to the building official or department director. They may bring in other departments if needed. But if it’s two lots, your only option might be to merge them. Just check into the tax and property value changes that could come with merging.
@Blair
Couldn’t you just check what you’re paying property taxes on? Even if it’s two lots, if it wasn’t divided, you’d only pay one property tax, right?
Toni said:
@Blair
Couldn’t you just check what you’re paying property taxes on? Even if it’s two lots, if it wasn’t divided, you’d only pay one property tax, right?
Nope, not necessarily. Tax systems often treat things as one parcel for convenience, but it doesn’t determine how the land is legally divided for zoning.
Toni said:
@Blair
Couldn’t you just check what you’re paying property taxes on? Even if it’s two lots, if it wasn’t divided, you’d only pay one property tax, right?
I pay taxes on the entire property as one piece, 0.24 acres.
@Blair
The legal description lists both lots under one number. It’s written as something like Block 1, Lot 10 & 11.
@Haven
Sorry, I didn’t mention this before. My house actually sits a little over the ‘lot line’ into the so-called ‘vacant’ lot. The city says that doesn’t matter, they still consider it empty. Really frustrating.
@Nico
Sounds like you’ve got two legal lots. This might not have come up before because past owners weren’t looking to build. Now that you are, the city probably wants it ‘cleaned up’ so the carport doesn’t sit alone on one lot if your house is ever removed.
Hope you get more clarity from the city soon.
@Nico
That’s strange!
Maybe try going to a city council meeting and ask there. You can usually get a spot on the agenda if you ask ahead.
Surveyor here… this depends on location. In California, you could ask the planning department for a ‘Certificate of Compliance.’ They’ll check if you have one or two parcels under the law.
From what you said, it sounds like you’ve got two parcels. You’d probably need a surveyor to draw a new deed and officially merge the lots. Heads up, if you have a mortgage, the bank will need to agree to the change. Banks are usually slow with stuff like this, sometimes taking up to a year.
Not a lawyer but used to work as a planning inspector. If you have two separate but adjacent lots, then they each follow their own rules for primary/secondary buildings, like having a main structure. So you can’t put a carport on a lot without a house.
Your choices are to apply for a variance or go for a lot merger. Variances often get denied for something like this, so merging the lots may be the smoother option. Then you can put up the carport without any issues.
If both lots are listed as one on the tax site, there shouldn’t be a problem with putting a carport there. Usually, separate tax listings mean separate lots.
I’d talk to the city or county zoning office directly. You could go to a public meeting eventually, but at first, you’ll probably get more answers with a private meeting. Most places have a ‘planner of the day’ or something similar to help with these questions.
Not a surveyor, but in British Columbia, you’d just cancel the interior lot line, no survey needed.
Where I work, a carport is an accessory building, so it can’t be put on a lot without a house. Looks like you’ve got two lots, and selling one would leave an empty carport behind. Best fix is to recombine the lots. Here, we’d use an ‘exempt plat’ for that, but it can vary.
They might be calling it vacant because the lots don’t have a designated main use yet. Usually, carports are ‘accessory structures.’ If your lots are zoned for housing, you’d need a house to put the carport up.
@Finley
But my house is already here!
Did you ever get a survey done? Or get a title commitment when you bought the property?
Soren said:
Did you ever get a survey done? Or get a title commitment when you bought the property?
Survey was done before I bought the place in 2021.