Thursday, April 30, 2009

Are two townhomes on one lot illegal?

I have written about the ugly cookie cutter townhomes that have been popping up in the Center Grove and now it seems that they are illegal. An R2 zoned lot cannot have two separate homes on it and most of these townhomes hold two separate residences. Some even have more.

A reader has informed me that indeed, the sale of townhouses/condos of R2 properties (duplex) are illegal.

A couple of neighbors asked for almost four years for a legal opinion from their district commissioner, Joe Sanchez, after he promised them one at a meeting held in April 2005. They knew that two folios/two owners on a property zoned R2 was illegal. They insisted on a legal opinion. It never came.

Finally, through Commissioner Tomas Regalado they were able to obtain a legal opinion. The PDF of that is
here.

Aside from the drastic change of the character of their neighborhood (old Spanish), according to the neighbors, the fact that this was allowed for so long had very damaging consequences to all the owners of R2 property that have two units -- the county has removed the homestead exemption from half the property. Therefore, increasing the property taxes.

Elderly neighbors are being forced out because they cannot come up with the difference, which is in the thousands of dollars, with their fixed income. One neighbor, 91-years-old, had his tax deed bought by someone and the outcome is that he has a couple of weeks to move out.

Just another consequence of the greed that goes on in the name of progress. But I guess if you are foolish enough to buy one of these things, then you should pay the exorbitant taxes that go with them.

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