3rd floor occupancy

[Ryan McGrath]

Hello BP, I'm hoping someone can shed some light on an issue I'm encountering.  

I have a 3 unit property, 1 unit on the first floor and 2 units on the second.  There is a full 3rd floor that has previously been finished with a full bathroom, bedroom, living room etc and has its own access from a common hallway.  

What I would like to do is to conjoin the 3rd floor unit with one of the 2nd floor units therefor expanding the size of the existing unit and adding a bedroom (this would be an easy conversion basically just adding a wall to join the 2 units).  I approached the city of Rochester about this and was promptly denied due to being in a R-1 zoning district.  I then applied for a variance and brought my case in front of a panel, who also denied my request.  I have the option to appeal the decision but am wondering if there would be any information I can supply to strengthen my case (possibly a petition from the neighbors?).  Has anyone had luck getting approved for 3rd floor occupancy?  If so, how did you go about it?  

I appreciate any feedback!

[Anthony Imburgia]

So as a legal three unit what is to stop you from allowing one of the tenants to use the existing 3rd floor space. You shouldn't need a permit to add an interior wall.