posted on October 8, 2002 03:31:26 AM new
I haven't been on the boards for awhile because I've been so busy with "stuff". Here is why I need to vent. My mother, who is 71, recently sold her property to finance a 2-car garage with an attached mother-in-law apartment to be built on our property (which by the way is on 2 acres in the woods with no close neighbors). According to the zoning laws in our county she can't have any cooking facilities in this apartment since that would be 2 kitchens on 1 property. Now the dumbest thing is that we could apply for a hardship variance and move a mobile home on our property. Well, wouldn't that have a kitchen? I am having such a problem with this. When I went to the building code department (which is right down the hall from Planning and Zoning), they told me to just wait till it's finished and then install the kitchen after the final inspection. It seems P&Z is afraid that if my mother passes away we would want to rent the apartment and we aren't zoned for rentals. Also, if we moved a mobile home on the property and she passed away it would have to be moved. My question to that is, "Do they check the obituaries or just stop by for coffee to see if she is still there?" Any opinions on this? Would you try to fight it or just wait till the final inspection and then install the kitchen? Sorry this is so long but it's very frustrating.
posted on October 8, 2002 06:49:44 AM new
Morning barbkeith - It is very frustrating dealing with 'city hall' no matter the issue. We've remodeled and added an addition to the homes we've owned and we know what it's like to deal with the building inspectors, regulations and laws.
When you ask 'would you fight it or..?' I'd ask what other options do you have, other than the ones you've listed? If your only choices are a mobile, an addition without a kitchen or to get it permitted then add a kitchen .. what would you be fighting? Changing building codes?
In your frustration you ask...would they be dropping by for coffee? [Got a chuckle out of me ] But most are aware when they buy a house whether or not more than one residence can be built. [What the area/property is zoned for.] My guess would be that a neighbor [or two], who might be unhappy with your property violating the zoning restrictions might complain. If the mobile were there the county could check out a [possible] complaint and order it removed. [As the variance would no longer apply.]
One thing I would suggest you do, if you are seriously considering getting it permitted and then adding the kitchen...would be to check with your insurance company. [You didn't say if this garage and MIL quarters would be attached to your home] The reason being is that many home owners policies will not pay for any damage that they can prove happened by an illegal [non permitted] change or addition. So adding the kitchen later and should anything happen, it might void your insurance.
Have you considered having this addition attached to your existing home, so that your Mother could use your kitchen?
posted on October 8, 2002 07:07:12 AM new
Depending on when the structure was built and when the zoning law went into effect there may be a "grandfathered in" situation allowing modifications to the structure.
posted on October 8, 2002 07:16:10 AM new
If you are not covered under the grandfather clause that stusi mentioned, you may get by with a modified "kitchen".
You could justify the sink as necessary for your "bar". Plug in a microwave and small refrig. and you have a kitchen. lol. I would suggest a microwave because it may not be wise to have the fire hazard that an unsupervised stove presents.
Unless you have a nosy neighbor, you should have no problems with the extra "kitchen".
But make sure that you know the fines and possible removal costs that may be involved in the possible discovery of your clandestine kitchen. LOL!
] But most are aware when they buy a house whether or not more than one residence can be built. [What the area/property is zoned for.] My guess would be that a neighbor [or two], who might be unhappy with your property violating the zoning restrictions might complain. If the mobile were there the county could check out a [possible] complaint and order it removed. [As the variance would no longer apply.]
