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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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We are an apple orchard on 7 acres of ag-zoned land, but within city of limits of an afflu

Customer Question

We are an apple orchard on 7 acres of ag-zoned land, but within city of limits of an affluent suburb of Des Moines. We also have houses on3 sides of us. We want to build a 60'x128' pole building on our ag-zoned land. It would clean the appearance up a lot. It is cluttered now, and the building would dress it up alot with stone for wainscot. What are my rights to do this when the city has so many regulations?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, did you contact the zoning department and request a right to 'improve' the premises, or not yet?
Customer: replied 2 years ago.
Not yet. Before I let the "cat out of the bag" to the zoning powers, I wanted to have as much info as possible. Is there possibly a precedent already set for ag construction within city limits??
Expert:  Dimitry Esquire replied 2 years ago.
Hi, It is not technically a precedent since the zoning board has the right to evaluate each and every piece of new construction that substantially 'improves' the property. But you can point to similar properties in the same zoning location as evidence of such improvements and as a means of bolstering your case. Keep in mind that you do not know if that party, for example, obtained their own variance, or are simply not in compliance but the zoning board was unaware (as they can fine upon discovery, and making such improvements does not create some sort of a statute of limitations beyond which the zoning board can no longer challenge or levy fines). But using other property is very prudent and wise--I still urge you to file for such demands and see if the board will permit you to move forward. This is likely the fastest and potentially cheapest approach. Sincerely, ***** *****