Lot-line adjustment appeal

Hello, 

My neighbor and I have been discussing a lot line adjustment. We have 2 kids and he has none, so we'd like to purchase a portion of his backyard so we have more room for the kids. We are in agreement with the arrangement. However, initial emails to the City of Berkeley said this would not be allowed because both our lots are less than 5000 sq. ft. (his ~4,100sq ft and ours ~2,300sq ft) and the city will not make an already non-conforming lot even smaller, even though this makes the two lots about equal. Apparently, zoning code states all lots must exceed 5000 sq. ft. We live in SW Berkeley where almost none of the lots in our neighborhood are greater than 5000 sq. ft., so this minimum lot size was surprisingly large to me.

Has anyone had success appealing a lot-line adjustment to the city? Can anyone recommend any land-use lawyers who can help me submit an appeal?

Thank you!

Parent Replies

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RE:

Why don't you just negotiate a long-term lease?

RE:

Hi. I'm a city planner and live in Berkeley but haven't dealt with this in Berkeley. Every city is different and I'm not familiar with the appeal process in Berkeley. However, an easier and less expensive option would be to purchase an easement from your neighbor instead of adjusting the lot line. An easement would grant you the rights to use the property. It does not need to be approved by the city but you will need a lawyer to write up the legal document and record it at the County Recorder.

RE:

We were in a similar situation. Best option is to do a permanent easement. It will be on record. Lots of options for terms of easement.