Zoning headaches!!!! Any advice?

[patty]

I am planning on purchasing a new MH on a piece of property that a friend of the family is going to sell me. This friend, Ed, owns 22.72 acres, and his family owns many more acres adjacent to his land. The zoning people in my county tell me that the minimum acrege that I must purchase in order to put a MH on it is 2 acres. Well, herein lies the problem. Ed must keep at least 21 acres in order to qualify for a "land use" tax break. So, he only has 1.72 acres available to sell me.
The zoning board says it has to be 2 acres. I asked if we could appeal that, since we are only short .28 acres, and they said, yes, but there is a $200 filing fee to appeal. And if we lose the appeal, we are out $200. I can not afford to throw $200 down the drain. I have absolutely no idea what my chances would be of winning this appeal.
The other options we have though about were having someone in Ed's family transfer (or sell for a small fee) about .5 acres to Ed of their land. That way he would have the 2 acres to sell me and still keep his 21 acres for land use tax. However, all of the other family members live outside of the area and no one seems to want to make the effort to do what it would take legally to transfer Ed 1/2 acre. Not that they are opposed to it, they just don't want to bother with the red tape, because they own the land as a family corporation and several family members would have to agree, etc etc....so this option seems too complicated.
My two acres would be undeveloped land, and Ed, being a good friend, would sell it to me much cheaper than the going rate.
I am soooooo frustrated......I really want to get started preparing the land and going through the process of purchasing a new MH. We have lived in an old MH that is sagging around the edges for a few years ( renting) and we so badly want our new home. But I can't afford a stick built home, especially in this area.
Any suggestions about dealing with the zoning people? This is in Spotsylvania, Va. Should I take my chances and risk losing the $200 appeal? ( A lot of money to me right now!) I can't believe all this is over .28 acres. I have been at a stanstill for weeks, trying to figure out how to get around this obstacle and start the process of buying my very first home!!

[sabrina]

patty,
i recently applied to a special fund at my social services agency (look in blue pages) to help with legal costs around purchasing my first home. maybe they have the same service in your area? you might try asking around to see if there is free legal aid as there is in most states for people who meet certain criteria. also, you might try calling each land attorney within a reasonable distance (if you can stand, "NO." repeatedly) and see if any are willing to do pro-bono work on this issue. new attorneys or "associates" can and do moonlight on occaision.

i would be frustrated toooooo!
good luck! keep us posted?
sabrina

[patty]

Thanks Sabrina, I will try out some of your suggestions. You have some good ideas. I will let you know if I have any luck!

Patty

[Dan O]

You have a problem that faces folks building homes all over the country. Are there any other properties in the area that are a bit short? That might be an indacation what way the zoning board might see the issue.
Have you spoken to any of the board members, " off the record" to see what their feelings are about the situation.
Find out what the reason for the 2 acre minium is, it may be a health department concern.
Putting up $200.00 on an appeal is a gamble, yes. But, looking into the matter a bit deeper can let you see the real odds.
good luck

[rmurray]

You should not expect the relative to just tranfer a 1/2 acre at their expense...If you want this to happen you should be ready to handle the $500 to $ 1000 this tranaction will cost...

You should try the appeals board for a varience...Talk to some of the members and get an idea how they feel...If they seem open minded..go for it..remember board folks think of the overall picture..If they let you do this..most likely they would have to let others...but you situation seems like it might fly...

If you go to the board...be sure ALL surrounding land owners agree...All it will take is one who objects in most cases...Talk to them and get letters from them that you can bring with you..Again..you will have to do all the work..write the letters and ask them to sign......The only other choice will be the relatives..and this will cost far more...