I The real estate involves a commercial building(not for dwelling purposes), and a tri-plex(for dwelling purposes). ?
Hmdagal...i've always interpreted the mixed-use section to be referring to mixed-use within a building (yes, i know the term "property" is used in the GIR). If, in theory, there's a commercial property and a tri-plex all on the same lot, or legal description, etc. are you saying the mixed-use test would still apply? What i recall reading about mixed-use in the GIR (and i'm home right now, so i can't quote anything here) refers to square footage etc. and the implication (if not outright wording) seemed to indicate you are dealing with a "building". After all, a "dwelling" is a dwelling and that's why there's a mixed-use test, right? To determine if a building meets the definition of a "dwelling" and if there's a tri-plex that's used only as a dwelling, i wouldn't think it matters if it sits on the same lot as a commercial building. (Just trying to draw a distinction between where a building contains both a commercial part and a residential part and a situation where 2 buildings exist at the same location, one exclusively commercial and one exlusively residential.) Not trying to be confrontational here; your post just made me think and i'd like to hear your thoughts. Thanks.