Investor · Pittsburgh · Member since 2023 · 23 posts · 6 votes
I have a property in the central business district (C-1). I’ve been trying to lease the building for several years and have not been successful. Here’s my problem: the available space is at street level and the permitted uses are limited to restaurant or retail, but the size of the space is larger than what a restaurant/retail space would need in this community. I am negotiating with a group who wants to lease the building as a medical clinic, which not permitted at street level but is permitted on an upper level.
I need to file for an Exception. I remember, several years ago, reading in the code book that one reason an exception may be granted is if zoning restrictions result in an excessive hardship on one’s ability to use the building.
There is a specific legal term to describe these circumstances, but I don’t recall what it is. Can someone provide me with the word/phrase that I can use in the hearing?
Good advise. I was already planning to spend time preparing and filing the the documents, though. I think it would be prudent for me to use language referenced by the zoning guidelines to bolster my case. I just cannot recall the language used.
Developer · Member since 2020 · 4k+ posts · 4k+ votes
2y
Google a copy of both their zoning map and planned zoning map. See if there are properties next to you now or in the future that match the zoning you want. Zoning boards hate to Spot zone. But if similar zoning is nearby or next to you then they are more than happy to change zoning or approve conditional or special use permits.
Good advise. I was already planning to spend time preparing and filing the the documents, though. I think it would be prudent for me to use language referenced by the zoning guidelines to bolster my case. I just cannot recall the language used.
Alternative is to hire a lawyer or consultant in your town that files these every week.
I have a property in the central business district (C-1). I’ve been trying to lease the building for several years and have not been successful. Here’s my problem: the available space is at street level and the permitted uses are limited to restaurant or retail, but the size of the space is larger than what a restaurant/retail space would need in this community. I am negotiating with a group who wants to lease the building as a medical clinic, which not permitted at street level but is permitted on an upper level.
I need to file for an Exception. I remember, several years ago, reading in the code book that one reason an exception may be granted is if zoning restrictions result in an excessive hardship on one’s ability to use the building.
There is a specific legal term to describe these circumstances, but I don’t recall what it is. Can someone provide me with the word/phrase that I can use in the hearing?
Spencer - if you reach out to the AHJ planning/zoning dept their staff will be able to provide you with a link to:
1. code / zoning ordinance code sections
2. applications & fees
3. provide insight on the options for the zoning - this is where you are very candid with them and tell them why you're doing this and start to form a relationship with staff. They will be able to tell you the likelihood of the exception being approved, timing & cost from application to approval, how the approval body would respond, etc. It's during these conversations that you find out the jurisdiction's stance and that shapes how you present the project to the jurisdiction once you're ready to submit.
The municipalities are public servants and while they aren't always the most helpful, they are there to be resources to the public.
Investor · Pittsburgh · Member since 2023 · 23 posts · 6 votes
2y
Great answer, @Kristi Kandel. I have a good relationship with zoning but we have an unsophisticated council who strictly adhere to guidelines outlined in their Comprehensive Plan and code book, both of which limit C1 uses to restaurant/retail. My building is too large to support such uses in this community so I’ve been unable to lease it over the past two years. This means that requiring me to conform with the permitted uses is an (missing legal term) excessive burden. Thus, I am entitled to lease the building to a nonconforming tenant. I have all the application material and fees ready to submit (tomorrow). My Owner Statement needs to subtly tell them they have no choice but to approve the exception. I want to throw in the legal term as a buzzword to bolster this point.
Approval is especially challenging because the primary care clinic also requires 6 dedicated street parking spaces in front of the building and part of the adjacent mixed-use building, also owned by me. I have letters of support from the two tenants in the mixed-use building, a bank and an insurance company, and the neighboring restaurant, not owned by me, for the exception and redesignation of the parking spaces.
I know that a legal term for this exists, but no one knows what I am talking about. I’m a little meticulous and write grants (academic) for a living so little details matters to me. However, this a small and arguably insignificant detail so I am submitting the appeal using my own language—“excessive burden”.
Great answer, @Kristi Kandel. I have a good relationship with zoning but we have an unsophisticated council who strictly adhere to guidelines outlined in their Comprehensive Plan and code book, both of which limit C1 uses to restaurant/retail. My building is too large to support such uses in this community so I’ve been unable to lease it over the past two years. This means that requiring me to conform with the permitted uses is an (missing legal term) excessive burden. Thus, I am entitled to lease the building to a nonconforming tenant. I have all the application material and fees ready to submit (tomorrow). My Owner Statement needs to subtly tell them they have no choice but to approve the exception. I want to throw in the legal term as a buzzword to bolster this point.
Approval is especially challenging because the primary care clinic also requires 6 dedicated street parking spaces in front of the building and part of the adjacent mixed-use building, also owned by me. I have letters of support from the two tenants in the mixed-use building, a bank and an insurance company, and the neighboring restaurant, not owned by me, for the exception and redesignation of the parking spaces.
I know that a legal term for this exists, but no one knows what I am talking about. I’m a little meticulous and write grants (academic) for a living so little details matters to me. However, this a small and arguably insignificant detail so I am submitting the appeal using my own language—“excessive burden”.
Sorry for all the words.
YES great wording. Undue Hardship could be another one you use in the future too.
If they try to really give you the runaround engaging a land use attorney (LUA) for an opinion letter (aka getting legal without getting legal) can be very helpful as well. I've had those opinion letters sent from my LUA to the city attorney cc'ing the planning dept do wonders out in CA.