Winona Zoning
October 9, 2024 at 4:10 p.m.
Editor, Times-Union:
This is an abbreviated version of a recent effort to sell a house in Winona Lake. It may be helpful should you find yourself in such straits as my husband and I found ourselves.
We put our home on the market last spring and soon accepted an offer. The buyer was approved by a lender and a closing date set. The lender came to inspect the property, only to rescind the loan because the house — by mandate of the Town of Winona Lake — went on the market as “single-family” in spite of its having two discrete units (since at least 1961). The county’s assessor weighed in, and we received a letter notifying us that our property had been changed from a single-family unit to a duplex and would be taxed accordingly, even as its status remained unchanged with the town.
I called the county treasurer and the assessor. My husband and I communicated with the building commissioner and others of Winona. Now, the county is right: the property is a duplex, but because the county and the town disagreed — which I am told is perfectly legal — future prospective buyers would also likely be unable to secure a loan.
We were without recourse, having been told on a visit to the town offices that neither Winona’s town council nor the BZA could alter the single-family designation to accord with the county’s recent decision. As a last resort, we hired a lawyer.
We came very close to selling our home at a fraction of its value after 53 showings, but with the help of Jack Birch of Birch-Kauffman in Syracuse, we successfully established that the home is in fact a duplex and that the town did not have grounds to insist otherwise because it was in contradiction to an existing ordinance.
I emerged from this saga concerned about the burden falling on us to seek legal counsel in order to sell our home. We are long-time residents of Kosciusko Co. and of Winona Lake, yet the rights of local officials to contradict one another jeopardized our rights as homeowners.
In sum, check to be sure that your property is assessed/zoned the same by both your town and Kosciusko Co. Moreover, would someone please consider reforming the prerogative to disagree on the classification of property? It’s unfair to homeowners.
Our story ended well, but it could have gone differently. Thanks, Vicky Decker of Our House Real Estate, for sticking by us during this difficult time.
Rosemary Boze
Warsaw, via email
Editor, Times-Union:
This is an abbreviated version of a recent effort to sell a house in Winona Lake. It may be helpful should you find yourself in such straits as my husband and I found ourselves.
We put our home on the market last spring and soon accepted an offer. The buyer was approved by a lender and a closing date set. The lender came to inspect the property, only to rescind the loan because the house — by mandate of the Town of Winona Lake — went on the market as “single-family” in spite of its having two discrete units (since at least 1961). The county’s assessor weighed in, and we received a letter notifying us that our property had been changed from a single-family unit to a duplex and would be taxed accordingly, even as its status remained unchanged with the town.
I called the county treasurer and the assessor. My husband and I communicated with the building commissioner and others of Winona. Now, the county is right: the property is a duplex, but because the county and the town disagreed — which I am told is perfectly legal — future prospective buyers would also likely be unable to secure a loan.
We were without recourse, having been told on a visit to the town offices that neither Winona’s town council nor the BZA could alter the single-family designation to accord with the county’s recent decision. As a last resort, we hired a lawyer.
We came very close to selling our home at a fraction of its value after 53 showings, but with the help of Jack Birch of Birch-Kauffman in Syracuse, we successfully established that the home is in fact a duplex and that the town did not have grounds to insist otherwise because it was in contradiction to an existing ordinance.
I emerged from this saga concerned about the burden falling on us to seek legal counsel in order to sell our home. We are long-time residents of Kosciusko Co. and of Winona Lake, yet the rights of local officials to contradict one another jeopardized our rights as homeowners.
In sum, check to be sure that your property is assessed/zoned the same by both your town and Kosciusko Co. Moreover, would someone please consider reforming the prerogative to disagree on the classification of property? It’s unfair to homeowners.
Our story ended well, but it could have gone differently. Thanks, Vicky Decker of Our House Real Estate, for sticking by us during this difficult time.
Rosemary Boze
Warsaw, via email