Question On A Variance

TaitINC

Hi my name is Spencer and i'm new to the forum, so I hope I posted this in the right area.
Ok here the situation. I have a customer that wants and in-law suite addition. I need to get a variance for this project. The problem is they consider an in-law suite an apartment. The township is no longer allowing apartments. I'm going to try it and see what happens. I was told by the township that the previous few were denied. Is there anyway around this being considered an in-law suite? There is one door from the existing house to the proposed addition, along with frechdoors to a new deck and a side entrance. The only reason they require the variance is because of the small galley kitchen. Any suggestions would be great
oh by the way this is in NJ

spencer

Tiger

My advice is to have the homeowner get (or not get) the variance so you can get back to building. I thought about getting a variance this year for my garage and ended up playing by the rules without getting a variance instead.

By the way, my Grandmother used to live in your fine town. She was a saint.

Dave

L. B. Condulet

Around here the term "Variance" has a different meaning, it's when the city building department gives you written permission to violate building codes. Here we call what you need a "Zoning Modification".

Your issue is with the local zoning board. Zoning commissions are staffed by people who enjoy watching you make an argument in favor of your proposition in a public venue and then rejecting you. You pay a fee for this by the way, they make the same money whether or not they grant you your modification.

Unless you are a multi million dollar developer, you want to stay away from the zoning commission. There is also a lot of scandal and bribery to be found in these commissions.

I would build something else instead, a room addition or something, but build it in such a manner that you can easily convert it to it's intended purpose after final approval.

Big Bob

What he said..... Bedroom with a big bar and hot plate and a private bath

Addition....

skyhook

Calling it an Apartment will surely get you shot down. As said before, it becomes a zoning issue with occupancy and parking requirements. My house has a large (handicapped equipped) room addition built for my disabled cousin, required a variance back in the 80s. Also did a room addition several years ago with a variance. First plans and pay the fee. Then approval from neighbors on both sides, front and back, then a public notice and town hall meeting to give any others a chance to protest, if nobody protests then it's a done deal. This was in So Cal. Your town may be different.

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TimNJ

Sometimes you can plead as a hardship case. This is usually done if there is someone with a pretty severe handicap involved.
As posted earlier this is something the homeowner should be doing. BTW, what capacity are you with Tait?

skyhook

I agree, the home owner needs to get involved, getting signatures will be much easier for them.
Walking it through city hall is something an experienced Contractor can do and make money on.

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TaitINC

the probably not that i'm calling it an apartment. the problem is that the township calls an in-law suite an apartment. they both have the same basic entities. they figure it could be rented so they just call it an apartment. they have a moratorium on apartments in riverton. The customer doesn't feel it necessary to build unless his parents came live with him, but indepent at the same time. he wants them to have a full kitchen and there is noway around that. he wants me to handle all the paper work and thats fine. he knows that he is paying for me to handle all of this. he also has a company to run and doesn't have time to handle it or the experience in this matter. I was thinking about getting a lawyer and having them get a restriction on their deed stating that it can't be rented. that way it prevents not only them from renting it but anyone in the future as well. the problem with the hardship is they are both elderly but not handy capped in anyway.

timnj
i'm a tait myself. One of larry's sons. he has recently pulled me from working in the field to now working in the office

Kingfisher

Call it a play/game room with a large closet(bedroom), bathroom and a wet bar with a 30" space & 220v plug for the blender, its a realy big blender. Is the kitchen the only thing holding you up. Could you have a wet bar with room for a microwave later? I understand they don't want appartnments but do your cleints really have to have a full kitchen in there.

Most mother in laws could live with this and its realy just a wet bar++

http://www.ajmadison.com/cgi-bin/ajmadison/CU57.html

Also is there a rule against a home having two kitchens? Just attach the two structures with a proch and then it just one home

TaitINC

this is an addition off the side of their house. the kitchen is the only hold up. i tried to talk the customer away from the full kitchen, but they insist on it. the only thing they want that is holding everything up the range. you can have a frig, micro, and sink with as many cabinets as you desire. but no range. their township is just a major pain.

TimNJ

Welcome aboard.
I remember your dad from the meetings when I was a member of NJ Remodelers Assoc. back in the mid to late '80's.
I got too busy and going to "Chubby's" for the monthly meetings was a pretty long trek for me so I let my membership lapse.

I still say the HO should handle the variance problems and I'm sure a lawyer would be involved.....let the HO get his own legal representation.

oldfrt

My neighbors had this problem.The city didn't want to see In-Law apartments,for whatever reason.
How did they get around it?
The called it a two family house.
I don't know why this worked ,but it got passed.
Every town is going to be different,it just depends on how the rules are written up.
There may be a loophole in their restrictions,do your best to find it.
Personally,I would not spend my time doing the HO's footwork,it could be time wasted if the variance isn't granted.

skyhook

Add the kitchen after final inspection.

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wizendwizard

You stole my reply!! lol

Kingfisher

Put in a 50 amp Dryer plug and tell them to bite you make sure it is makered on the plans as a dryer too. What them HO does is not your problem

Griffino

These are all great suggestions but the safest route to take is to get on-paper what constitutes a appartment in your area and stay away from that. Make sure it's attached to your exsisting home, yadda yadda......

Everything you think up might just work, and ignoring the problem might work too........I had a septic engineer who built a system form me from plans that might work once........somehow that cost me a $1000 core-drill fee (long story)

Tom M

The kitchen creates a dwelling unit. You create a place to sleep,bath and eat you create an apartment that can be rented. A seperate dwelling unit needs to have firewalls, utilities and a seperate egress exit. You also create a 2 family home in a potentialy 1 family area. I think if you do not put a locked door in between the attached addition you allow a mother daughter deal under one roof. I know many, many people around here have kitchens in thier basements. Unfortunatley you create the perfect apartment with a side door entrance as well. You should call the DCA for interpitation on what's in the parameters of a mother daughter. They are more friendly and helpful than most building deptments.