The Right Values for Zoning Matters Part 2
Presenting the case on inconsistent land use or diminution of value
In part one of our zoning series, we covered the basics surrounding zoning matters and the role our firm plays in the process leading up to the formal presentation. Now we’re taking a closer look at the formal presentation of findings and how our team uses honesty, integrity and attention to detail to objectively answer the question – will this development result in an inconsistent land use or diminution of value to surrounding properties?
experience, impartiality and objectivity are the heart of our testimony
When we’re called to consult on a zoning matter, we work as part of a team made up of experts that include legal counsel, a land planner and a civil engineer. Each team member conducts research in their designated area of expertise and is called upon to present their findings to the zoning board. In our role as appraiser, we use impartiality and objectivity to present cohesive findings based in fact and truth – no matter if those findings are in favor of the proposed development for our client, or not. In these types of consulting assignments, having an experienced appraiser can be the driving force behind a proposed development being granted variance or a special use permit by the zoning board. Not only will the appraiser put their presentation skills to use, but they often undergo questioning from the zoning board or opposing council. An experienced appraiser will be able to anticipate their line of questioning. It’s imperative to have an expert appraiser that can speak to their own work and answer the tough questions with honesty and objectivity.
Proving our case in nine points
Our testimony is designed to help answer the question; will this development result in an inconsistent land use or diminution of value to surrounding properties? We employ nine key points to make our case:
- 1. The proposed use at the specified location is consistent with the comprehensive plan.
- 2. The proposed building or use will not diminish the value of adjacent and nearby properties.
- 3. The proposed use at the specified location will not substantially or unduly increase traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use.
- 4. The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets.
- 5. The proposed building or use will not adversely affect or change the character of the area in which it is located.
- 6. The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located.
- 7. Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties.
- 8. The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use.
- 9. The exterior architectural appeal and function of any proposed structure will not be at variance with either the exterior architectural appeal and functional plan of structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood.
These nine points are important to the testimony – so important that in some cases you may see them displayed on a poster board at the front of the room. Addressing each point demonstrates our credibility and helps us maintain impartiality while defending our position. The written report of our analysis will not hold much weight if we are not able to defend our findings during testimony.
know your audience
As each point is addressed, we must keep in mind our audience. A zoning board is made up of elected or appointed community members. They may be well-versed in zoning but might not know all the ins-and-outs of appraising, so we do our best to present and defend our findings as cohesively, logically, and simply as possible.
new case, same values
Honesty, integrity and attention to detail are the values we’ve built our reputation on for over thirty years. No matter the case, large or small, we put these values into action every time. If you’re looking for an experienced appraiser you can trust with your zoning matter, do not hesitate to give us a call at (630) 390-0113 or complete this form. Be sure to join our mailing list to receive our e-newsletter.