Lot Lines

[DTBarch]

Rather unique situation here. Client owns 30 year old retail shopping center. Total site has two separate parcels. The shops building crosses the property line with one tenant space having a property line bisecting the tenant suite. Same owner for both parcels.

Owner is attempting to lease the space in question which has been vacant for some time. Plan review came back with direction to either erect a fire separation wall at the property line, or complete a lot combination to eliminate the condition.

From a building code standpoint, are there any exceptions anyone is aware of out there to deal with this non-conforming existing condition creatively. Clearly, not an imminent life safety condition since the shopping center as a whole lies equally on both sides of this lot line with same occupancy type, building and ownership on both sides.

IBC Table 602, 705 and 706 all are related, but talk more specifically about walls on top of property line, or separation from property line. Client's attorney has had success crafting a legal document that prohibits the lots being separated in the future, but that doesn't address building code non-conformance. Any thoughts?

 

[jar546]

I would start with zoning and see if they could combine lots. Sort of a reverse subdivision. That may cure the problem from a building code standpoint.

 

[cda]

Talk to higher ups

It has been that way from between 0-30
Years,,

And the city has accepted/approved it that long.

What year was the property divided?? Has to be public record.

 

[RLGA]

If the 2018 IBC is anticipated to be adopted (or is already adopted) have them look at Section 705.1.1, Exception 2.

 

[ADAguy]

Not that unusual.

 

[classicT]

We have this locally all the time. Parcel consolidation is an administrative task that can be completed quickly.

Benefit is to the lot owner, he only gets one tax bill that will typically be less than the combined total of the two he has been paying.

 

[classicT]

If the 2018 IBC is anticipated to be adopted (or is already adopted) have them look at Section 705.1.1, Exception 2.

Ron, can you check the reference... not finding that code section.

EDIT - Nevermind; figured out that it is 706.1.1

 

[DTBarch]

Thank you Ron. They are on the 2018 code. I'll explore that. Lot Combo is relatively easy, but it's a long process to go through with the lenders.

 

[cda]

1. 2.Fire walls are not required on lot lines dividing a building for ownership purposes where the aggregate height and area of the portions of the building located on both sides of the lot line do not exceed the maximum height and area requirements of this code. For the code official’s review and approval, he or she shall be provided with copies of dedicated access easements and contractual agreements that permit the owners of portions of the building located on either side of the lot line access to the other side for purposes of maintaining fire and life safety systems necessary for the operation of the building.
   

 

[my250r11]

We generally require the lots to be combined.

 

[Msradell]

We generally require the lots to be combined.

That's what always has been done around here also. It makes more sense for both the owner and the governmental agencies.