in-law apartment

[Mark Haggerty]

I'm doing a single family house with an attached in-law apartment. The apartment has a separate entrance, separate utilities, kitchen, LR bath and bdrm. Zoning official says it is an illegal use. The LO is insisting if the oven is removed it will conform, (The zoning official says the whole kitchen must come out.)
The subject is a 2 family, however, zoning will not allow it. Zoning is SF and there is no variance.

2 questions:
What constitutes a kitchen and who is the final arbiter as to what constitues a kitchen?

It is also my understanding that the subject will not qualify due to the fact the in-law has separate utilities. Is this correct?

Thanks in advance.

 

[Mr Rex]

1. Can you please provide a definition of Accessory Dwelling Unit?
[FONT=Times New Roman,Times New Roman]The accessory unit is defined as a habitable living unit added to, created within, or detached from a single-family dwelling that provides the basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory Dwelling Units (ADUs) are commonly understood to be a separate additional living unit, including separate kitchen, sleeping, and bathroom facilities, attached or detached from the primary residential unit, on a single-family lot. ADUs are usually subordinate in size, location, and appearance to the primary unit and may or may not have separate means of ingress or egress. Attached units, contained within a single-family home, known variously as "mother-in-law apartments," are the most common type of accessory dwelling unit.
Accessory units usually involve the renovation of a garage, basement, or small addition to a single-family home. If they generate income, they are not considered accessory units, but a 2nd unit.
[/FONT]2. If the Accessory Dwelling is on a separate meter, does it then become a 2-unit property?
[FONT=Times New Roman,Times New Roman]An accessory dwelling unit may or may not have separate services. If the second unit were rented it would be considered a 2-unit dwelling. The determination of whether or not an ADU is a second unit will be made by the appraiser in the site analysis section of the report where zoning, highest and best use, and legal use are addressed.
[/FONT]

 

[Mark Haggerty]

If the owners remove the oven in the accessory unit kitchen is this going to be sufficient? The town zoning official is indicating the entire kitchen needs to be removed. In other words who ultimately decides what a kitchen is?

Secondly, There are separate utilities. Does this neceesarily make it ineligble for FHA financing?

FHA Criteria
“Accessory dwelling unit" means a subordinate dwelling unit may or may not be incorporated within, or detached from a single-family structure. Accessory units may not be subdivided or otherwise segregated in ownership from the primary residence structure.

Some accessory units may predate the adoption of local zoning ordinance and may therefore be classified as legal nonconforming units.

Utility Service requirements
An accessory apartment must be connected to the utilities (except telephone, television and cable) of the dwelling unit and may not have separate services.

It appears to me as though the subject is a 2 family dwelling which is an illegal use.

 

[Michael Tipton]

When did a LO become a building and zoning expert? I would defer to a building and zoning representative as the expert on what action is required by the local building and zoning department.

FYI- A friend of mine added a screened porch without a permit several years ago. The city building department required removal of the screened porch in addition to a fine.

 

[timd354]

I'm doing a single family house with an attached in-law apartment. The apartment has a separate entrance, separate utilities, kitchen, LR bath and bdrm. Zoning official says it is an illegal use. The LO is insisting if the oven is removed it will conform, (The zoning official says the whole kitchen must come out.)
The subject is a 2 family, however, zoning will not allow it. Zoning is SF and there is no variance.

2 questions:
What constitutes a kitchen and who is the final arbiter as to what constitues a kitchen?

It is also my understanding that the subject will not qualify due to the fact the in-law has separate utilities. Is this correct?

Thanks in advance.

You have a zoning official telling you exactly what needs to be done to the property to make the property conform to the applicable zoning guidelines...if the entire kitchen is not removed, then this property is an illegal use on the applicable zoning code and should be marked as an illegal use on the appraisal report...which makes the property ineligible for FHA guaranteed financing. Why are you even asking any questions about this?

That's it, simple as that, there is no need to consider any other questions or anything that the loan officer has to say about this issue. Please have a backbone and stand up to the loan officer, who is completly full of sh*t.......we all know what he wants you to do.....he wants you to lie and say that this is a one unit property which conforms to zoning.....don't do it!!! We also all know that, as soon as the appriasal inspection is finished, the stove will go right back in and the property will continue to be used as an illegal 2 unit property.

 

[Mark Haggerty]

Thank you Tim. I can assure you it is not a question of backbone rather an accurate determination as to what constitutes a kitchen.

 

[timd354]

Thank you Tim. I can assure you it is not a question of backbone rather an accurate determination as to what constitutes a kitchen.

Since the applicable zoning official has already informed you as to what needs to be done in order for the subject property to conform with the aplicable zoning regulations and not be an illegal use, then what is the relevance of this question to the appraisal assignment other than trying to find a way to yield to the loan officer, who is no doubt pressuring you to not mention the illegal accessory unit and to mark that the subject property is a legal use under the applicable zoning in the appraisal report?

 

[Marcia Langley]

I agree with Tim. The local jurisdiction gets to make the call whether the building is legal. If it is not legal, per his rules, you have to report it as not legal.

If he says the entire kitchen has to be removed before he will declare it legal, then you have two choices.

Either appraise it as is in it's illegal state or subject to correction per the local juruisdiction's guidelines.

What anyone else thinks constitutes a kitchen is irrelevant.

==========

Sometimes others' make up their own rules as to what gets to be counted as a kitchen (must have a sink, stove, etc) but this is not a case where someone else's rules come into play. A question of legality always rests with the local jurisdiction.

 

[Mark Haggerty]

Thank you Marcia. The owners are in conversation with the town trying to obtain a variance.

 

[timd354]

Thank you Marcia. The owners are in conversation with the town trying to obtain a variance.

Hopefully they will get the variance so that you will not have to deal with the loan officer blaming you "for killing the deal"...from your posts, it is obvious that you are being improperly pressured by this loan officer to not tell the truth about this property...obviously, if you choose to do the right thing and fully disclose the issues with this property, the loan officer will likely cut your future assignments and bad mouth you to everyone he knows. I am glad to see that it looks like you are doing the right thing.