Three ALTA Surveys on One Project

For the past 4 weeks, I’ve been involved with updating an ALTA survey of an apartment complex in Northern Indiana. It is a project that I have been involved with for the past 30 years. Just so you know, Indiana requires the recording of surveys, so this discussion covers matters on public record.

I staked some of the buildings and wrote descriptions for financing in the mid 70’s. Then I made the first ALTA survey of the project in 1986. I updated the survey for a refinance in 1999. At that time, we found several zoning violations resulting from an auxiliary building being on a lot without a main structure, and various side yard violations caused by a new interpretation of which sides were side-yards. (Not all lots had frontage on dedicated streets). A petition was filed and all violations of the zoning were granted a variance.

Now in 2006, the project is being refinanced again and I am again updating the ALTA survey. I find that the zoning of the property has again changed. Fortunately, all previous variances run with the land, but the rezoning created some new problems. In addition to the setback easements quoted above, which are called perimeter yards, there is an additional requirement for interior yards. These are calculated as 10 feet wide or 5 feet + 10 percent of the building length on that side, whichever is greater.

For a building 60′ x 145 feet, this translate to an interior yard of 10 feet on each side and 19.5 feet on the front and rear. Strangely, this requirement applies to all buildings, and the ordinance stipulates that the interior yards shall not overlap the perimeter yards. A conversation with the building commissioner indicates that this was not the intent of the ordinance, and that commission policy would be to allow for a rebuild for any existing building lost to fire or other means.

The project is scheduled for closing on Tuesday March 29. After closing, I will post some interesting requests by the lender’s counsel. Quite a project: third time with same owner, the last two with the same lender, but still a new experience.