Legal Question in Real Estate Law in Iowa

Selling a residential property in a commercially zoned area.

I currently own a home that is in a commercially zoned area(classified C3). With this zoning restriction in place I am finding it nearly impossible to sell my home. All the lending agengies or financial institutions will only finance a C3 property with a 20 % down payment. This has turned away many potential buyers. We have orally asked the city for a variance to change the zoning, but have been refused. What options do I have beside selling the house on contract?


Asked on 7/27/04, 10:37 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Selling a residential property in a commercially zoned area.

My experience with requesting a variance is limited, but it seems to me that I always did that in writing. I question whether the verbal request even got you properly on the city's agenda.

Ordinarily such a request would be reviewed first by a planning commission or planning board, and then referred to the city council.

Once it is properly considered and properly denied, assuming that is the result, there is an option to sue the city and try to get a court order requiring that they grant the variance. Whether you would want to do this is questionable. Such actions are hard to win.

It would be best for you to consult with a competent real estate attorney. It seems to me that having the place zoned commercial may actually tend to increase the real estate value. I have heard from more folks trying to obtain that type of zoning than form folks who are trying to get rid of it. My number is 952-544-6356, and my consult fee is $150.

Good luck.

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Answered on 7/28/04, 10:51 am


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