Finish Attic Convert 2 Family to 3 Family Albany NY

[Ben Myers]

Hello Bigger Pockets,

I am purchasing a 2 Family Residence in the Pine Hills area. The Home has a large attic and I am interested in converting the home into a 3 family by finishing the attic. 

Has anyone successfully done this in the Albany NY Area?

Home is currently in an R-2 Zoned area. Zoning does not allow for 3 families according to the Department of Planning and Development.  

They advised me that I would have to apply for a use variance with a description of hardship, etc. Has anyone successfully done this? If so can you discuss the steps necessary to complete.

If getting a variance is not possible what about putting bedrooms and a bathroom in the attic and renting it as part of the 2nd floor unit?

Thanks.

[Ryan Vienneau]

Don't waste your money calling in anyone, I'm in the Albany area and have tried to do this, and if its already R2 zoned, you have ZERO chance of getting a variance to add a 3rd unit legally, don't bother trying.  Whether it could meet code doesn't matter because you'll never get past the zoning issue.  All of the cities around the capital region are strapped for parking space, thus the cities are all trying to reduce, not increase, occupancy per acre, so they're not going to do it.  Your case also is not "hardship" so that won't work.

I bought a property in Schenectady, same situation, except the 3rd (illegal) unit was 80% complete when I bought it from foreclosure.  The city shot me down about finishing the third unit, so instead i made it into 2 more beds, a family room, and a half bath, and combined it with the second unit to make a giant 4BR, 2000 sf unit.