Adherence to zoning rules a must to avoid real estate disputes

On Behalf of | Aug 9, 2018 | Real Estate Disputes |

Many Florida cities have local ordinances regarding how tall a newly constructed building may be. Real estate disputes often arise if one or more people file a complaint against a builder, stating that a particular structure exceeds limitations. In fact, a builder in another state recently walked away disappointed when a zoning board ruled against him regarding a similar zoning issue.  

The building in question includes mezzanines on both the bottom and top floors. A mezzanine is typically a level built between two floors that are not considered stories in the overall structure. In this case, however, the zoning board ruled that the mezzanines in the new building are so large they must be considered separate floors, which brings the total amount of stories in the building to two more than the amount permitted by local ordinances.  

It was reportedly a narrow, 4-3 vote that leaned in favor of those who filed the zoning complaints. This vote followed a city zoning officer’s ruling in April that stated the mezzanines were an appropriate size. A neighborhood association filed the appeal that resulted in the recent zoning decision.  

A spokesman for the association said the collective body is pleased with its recent victory regarding the real estate disputes. He also said he believes the board’s decision protects community interests and ensures that builders must adhere to required zoning specifications. Anyone facing a similar legal problem in Florida may act alongside experienced representation to increase the chances of obtaining a favorable outcome in court.  


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