No box for the situation

[Lobo Fan]

I looked at a SFR with an in-law unit. It had a separate entrance, bath, and kitchen but was not metered separately. It is allowed under the zoning with a "special permit". There is no such permit on record. In the zoning area of the URAR, is this legal, grandfathered, or illegal?

It cannot be grandfathered as the subject is newer than the zoning. So the question is legal, or illegal?

What sayeth the gurus?

 

[Randolph Kinney]

I looked at a SFR with an in-law unit. It had a separate entrance, bath, and kitchen but was not metered separately. It is allowed under the zoning with a "special permit". There is no such permit on record. In the zoning area of the URAR, is this legal, grandfathered, or illegal?

It cannot be grandfathered as the subject is newer than the zoning. So the question is legal, or illegal?

What sayeth the gurus?

Mike Kennedy would tell you illegal because anything with out the proper permit is illegal.

Have you talked with zoning and planning about the permit process? Can you get a retro permit?

Are there like properties that have sold on the MLS? Are the zoning and permits enforced? Any record of the city forcing a tear down or removal?

What is the HBU? SFR with in-law unit?

Was this addition done in workman like manor? Health and safety concerns?

Since this in-law unit can be legal with a special use permit for the existing property, all that it is lacking is that permit. What does your client want? As-is or subject to?

 

[Thomas Fiehler]

I believe the only definite answer would be to call the zoning authority for the area and run this "HC" by them.

 

[Terrel L. Shields]

Maybe its like zoning in our smaller towns. You are zoned R - 2 (wink wink)..but go ahead and do what you like and we'll deal with it later if anyone calls. Same for nuisance laws. If there is one new home with grass 24" high in town, there are 10. Does anyone bounce the owners? Only if forced to by complaining neighbors. Some neighbors simply mow it themselves figuring its too much trouble.

 

[Lobo Fan]

I did not get to clarify the rules as my answer came via voice mail. The person I spoke with did not seem to be too concerned about it. There have been no known teardowns required. I think that it would be a simple process. It may have even been dealt with in the original permitting process.

The work looks like it was done at the same time as the original structure. The workmanship was good, or equal to the reast of the house.

I guess it would be like a non-permitted addition. Is it a zoning violation or just a permit issue.

So, do I check legal or illegal?

 

[Kevin A. Spellman]

If you can enter each living unit within the interior of the home, it is a home with two kitchens. Here in MA an In-law is only legal when you record a covenant stating it can only be occupied by blood-relative and cannot be converted to a two family. We have case law here in MA "a second kitchen does not create a second living unit as long as there is interior access". If the access becomes blocked than it becomes a second living unit.

 

[ghrousseau]

I looked at a SFR with an in-law unit. It had a separate entrance, bath, and kitchen but was not metered separately. It is allowed under the zoning with a "special permit". There is no such permit on record. In the zoning area of the URAR, is this legal, grandfathered, or illegal?

It cannot be grandfathered as the subject is newer than the zoning. So the question is legal, or illegal?

What sayeth the gurus?

What did you client request?

 

[Lee Lansford]

I looked at a SFR with an in-law unit. It had a separate entrance, bath, and kitchen but was not metered separately. It is allowed under the zoning with a "special permit". There is no such permit on record. In the zoning area of the URAR, is this legal, grandfathered, or illegal?

It cannot be grandfathered as the subject is newer than the zoning. So the question is legal, or illegal?

What sayeth the gurus?

Before you start knocking on the door of the zoning administrator and asking questions that are specific to the Subject property, you best speak with both the client and the owner of the property. If you don't...and you proceed directly to the zoning administrator...you may be opening the proverbial can of worms that the owner would rather avoid.

Different jurisdictions approach this situation differently. You may approach the zoning administrator with a "what if" type question--without identifying the Subject--and learn something about how they handle such a situation.

Please do let us know how this situation turns out!

 

[Lee Lansford]

...I
So, do I check legal or illegal?

Ask the zoning administrator which it is! BUT...do see my immediate prior post before you do anything further.

 

[Restrain]

If it's all under one roof, it's a SFR with an in-law suite. No problems. If it's a separate unit, comment and disclose. You are not a lawyer or specialist in zoning. Let the title company deal with it.