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2nd illegal kitchen

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Just curious how some of you are able to verify issues of legal vs grandfathered vs non-conforming, etc. In the two counties that I work in I will usually call the zoning department and I will be tossed around like a pinball from one incompetent operator to another, after about the fifth or sixth they will tell me I have to call anoter number.
 
Just curious how some of you are able to verify issues of legal vs grandfathered vs non-conforming, etc. In the two counties that I work in I will usually call the zoning department and I will be tossed around like a pinball from one incompetent operator to another, after about the fifth or sixth they will tell me I have to call anoter number.

By knowing and understanding the laws of the land almost as well as the planning department.
 
I've got a auto-call back coming from the development services folks just to clarify all my issues, but I think the clincher on the Companion Unit section 141.0302 (thank you so much for pointing me to this Mike K.!) is that the min. lot size is 5,000 and the subject lot is only 7,800 sq. ft. which does not meet the Limited Use Regulation (b) They did have the lot regraded when they did the permitted addition in order to make the backyard bigger since it is mostly a slope going up to the neighboring rear lot. However, the removal of slope and addition of a retaining wall wouldn't actually increase the original lot size, just the buildable area - right?

Otherwise I think this property meets all the other limited use regs and could be issued a permit as a companion unit. I'll keep you posted.
 
Just got off the phone with a planning dude. He said that this is NOT a companion unit or any other type of "unit" because it is accessible from the primary unit via doors from the kitchen and the main downstairs hallway. He said in order to be considered a "unit" of any kind it can be attached, but must not be accessible from the primary unit - only from the exterior. So basically, this is a SFR with an illegal kitchen. He said even if they closed off the doors with full walls, they wouldn't get a permit because of the requirement of double the min. lot size, which they don't have. So, the homeowner is screwed unless they take out the kitchen.

So I can go forward and complete the appraisal subject to removal of the kitchen, which I'm sure my client will not want to do, or as-is with a cost to cure for removal of the kitchen (and since I'm not a contractor how the heck would I know?) Either way, I think the my client has a dead deal.

Here's a funny question - if this property does not technically have a second unit because of the interior access from the primary unit, then does it violate the SFR-1 zoning compliance? Answer - I guess not, since it is now simply defined as a SFR with a second illegal kitchen! Ugh! I still have a headache! But, I must say this has been very educational. Thanks to all for your help!
 
Pete - check your private messages.
 
Just curious how some of you are able to verify issues of legal vs grandfathered vs non-conforming, etc. In the two counties that I work in I will usually call the zoning department and I will be tossed around like a pinball from one incompetent operator to another, after about the fifth or sixth they will tell me I have to call anoter number.

Which Counties and which (if any) Townships, Villages, Cities etc.? :shrug:
 
I don't see why you couldn't do the appraisal, but you would have to disclose. It will not get underwritten, though.

You also have a problem with comps. Are you going to find similar homes with 2 kitchens? Are you going to not give the illegal portion of the home value? Does it give or take away value for it? I would think that there is not much data to verify any decision you make on this.

You could also make it subject to removal...pretty high cost. I doubt the cost savings of the loan would justify it.

I had a similar thing happen to me. I turned down the job...too many headaches and too much liability for me. I suggest the same for you.
 
Mike, it's Miami -Dade and Broward counties. It was more of a general question on how to more efficiently gather this information, than goung through the massive layers of government bureaucracy to get a simple question answered. Thanks.
 
Mejappz . shoot me an email with your regular email address. do you cover the city of miami, other cities, or county areas outside any cities?
 
<.....snip.....> Are you going to not give the illegal portion of the home value? <......snip....>

Ugh!!!!!!


Ok, one last time. Before the next other twenty million last times on this forum... Who "gives" value to what in real estate appraising? Is it real estate appraisers who "give" value, or is it the market that "gives" value?

You get one attempt at answering this correctly. Then we send out the hell hounds to chase you down and get rid of you if you don't know this one.
 
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