ADU is accessible by elevator only (is it an ADU?)

[Kevin and the Zits]

Appraising in Florida and came across a 3 story beach home. The entire first floor is the garage, 2nd floor is 2 bed 2 bath with a full kitchen and living area, and the 3rd floor consists of 1 bed 1 bath with a large kitchenette (full-size cabinets and fridge with stove top, but no oven) and living area. All the floors can be accessed from the exterior. There is an interior elevator that goes to all 3 floors, but only an interior staircase that goes from the 1st floor to the 2nd floor. So the only way to get from the 2nd floor to the 3rd floor from the interior would be by elevator. So my question is, is the 3rd floor absolutely an ADU? It is accessible by elevator, but elevators do break and are not very practical. Currently, it is being used a multi-generation home. Could you make an argument that the 3rd floor is a part of the main home (is accessible through the interior by elevator) and should be included in the GLA and make the subject a 3 bed 3 bath home? First time coming across this situation, thanks in advance for reading and any insight you may have.

 

[Charles West]

Appraising in Florida and came across a 3 story beach home. The entire first floor is the garage, 2nd floor is 2 bed 2 bath with a full kitchen and living area, and the 3rd floor consists of 1 bed 1 bath with a large kitchenette (full-size cabinets and fridge with stove top, but no oven) and living area. All the floors can be accessed from the exterior. There is an interior elevator that goes to all 3 floors, but only an interior staircase that goes from the 1st floor to the 2nd floor. So the only way to get from the 2nd floor to the 3rd floor from the interior would be by elevator. So my question is, is the 3rd floor absolutely an ADU? It is accessible by elevator, but elevators do break and are not very practical. Currently, it is being used a multi-generation home. Could you make an argument that the 3rd floor is a part of the main home (is accessible through the interior by elevator) and should be included in the GLA and make the subject a 3 bed 3 bath home? First time coming across this situation, thanks in advance for reading and any insight you may have.

I would say it is one unit and not a separate ADU design. This kind of setup is becoming popular again as economics, among other things, is bringing families back to habitating with grandma in the house.

 

[J Grant]

Appraising in Florida and came across a 3 story beach home. The entire first floor is the garage, 2nd floor is 2 bed 2 bath with a full kitchen and living area, and the 3rd floor consists of 1 bed 1 bath with a large kitchenette (full-size cabinets and fridge with stove top, but no oven) and living area. All the floors can be accessed from the exterior. There is an interior elevator that goes to all 3 floors, but only an interior staircase that goes from the 1st floor to the 2nd floor. So the only way to get from the 2nd floor to the 3rd floor from the interior would be by elevator. So my question is, is the 3rd floor absolutely an ADU? It is accessible by elevator, but elevators do break and are not very practical. Currently, it is being used a multi-generation home. Could you make an argument that the 3rd floor is a part of the main home (is accessible through the interior by elevator) and should be included in the GLA and make the subject a 3 bed 3 bath home? First time coming across this situation, thanks in advance for reading and any insight you may have.

The third floor is not an ADU, because and ADU is defined as NOT having egress into the rest of the main dwelling, and the third floor has egress via an elevator. The fact that an elevator can break is beside the point, and they are practical since hundred of millions of people ride them every day - it is unusual to see an area of a home accessible only by elevator, but there is no law against it either ( that I am aware of )

 

[glenn walker]

How many Seniors have died falling down stairs, broken arms, legs and backs , "versus" being stuck in an elevator for 30 minutes until they get her/him out ? LMAO

 

[Terrel L. Shields]

So my question is, is the 3rd floor absolutely an ADU?

Tell me who occupies the 3rd floor. The owners only? They have a renter? They have a family member there?

A - just because it has a 2nd kitchen does not make it an ADU. God I wish FHA and FNMA would get their collective heads out of their rectal storage facility. I've been in 100 year old houses with a second kitchenette. I've been in any number of larger lake homes with a second kitchen or wet bar with built in fridge and a cooktop. These are just entertainment suites and the rural ones often had a room or screened in porch with a second stove for canning. They are simply a convenience. Do they ban houses with 2 fireplaces? 2 separate garages? It is just idiotic.

I would call it what it is used for. If an occupant that is not the owner then you could call it an ADU but call out the safety issue. You don't use an elevator in a fire.

 

[Fernando]

How many Seniors have died falling down stairs, broken arms, legs and backs , "versus" being stuck in an elevator for 30 minutes until they get her/him out ? LMAO

ADA on ADUs don't apply to residential homes. Just commercial because small business owners have small voice in calling it out unfair to retrospectively change the buildings at owners cost.

 

[Kevin and the Zits]

Thank you all for your input. I originally wrote the report with the 3rd level as part of the subject and had kickback from the lender, suggesting the 3rd level was an ADU. With the current use being multi-generational (owners mother lives on 3rd level), I've further clarified with the lender that the 3rd level is accessible by internal elevator, and by definition, not an ADU. Thanks again for responding.

 

[Fernando]

Thank you all for your input. I originally wrote the report with the 3rd level as part of the subject and had kickback from the lender, suggesting the 3rd level was an ADU. With the current use being multi-generational (owners mother lives on 3rd level), I've further clarified with the lender that the 3rd level is accessible by internal elevator, and by definition, not an ADU. Thanks again for responding.

So what was the kickback? Did lender call it an ADU?

 

[Kevin and the Zits]

The 3rd floor unit is considered an Accessory Unit (even w/ a cooktop). Since the 3rd level can only be accessed through an exterior entrance the living space for the 3rd floor should not be included in the GLA, rather it should be on a separate line of the grid.

Please remove from GLA and provide a comp w/ AU. Use an aged comp if no current sales are available.

Please advise whether AU is legal or not. If illegal. please comment and confirm if the existence of the illegal AU will not jeopardize any future hazard insurance claim that might need to be filed for the subject property.

Rereading my narrative on the report, I see where a reader could have been confused about the layout (I did clearly say the elevator provided interior access to all 3 levels, but did have another mention about how all 3 levels have their own exterior entries). This could be just a simple misunderstanding, I guess I will find out if they push back again.

 

[Fernando]

The 3rd floor unit is considered an Accessory Unit (even w/ a cooktop). Since the 3rd level can only be accessed through an exterior entrance the living space for the 3rd floor should not be included in the GLA, rather it should be on a separate line of the grid.

Please remove from GLA and provide a comp w/ AU. Use an aged comp if no current sales are available.

Please advise whether AU is legal or not. If illegal. please comment and confirm if the existence of the illegal AU will not jeopardize any future hazard insurance claim that might need to be filed for the subject property.

Rereading my narrative on the report, I see where a reader could have been confused about the layout (I did clearly say the elevator provided interior access to all 3 levels, but did have another mention about how all 3 levels have their own exterior entries). This could be just a simple misunderstanding, I guess I will find out if they push back again.

As I expected the lender would respond calling it an ADU. It's a unique ADU. Just put in some comps with ADUs and you'll be fine.