Hey All,

Need some help,

I bought my first house about 2 months ago hoping to make it a triplex. Being a newbie I thought that the zoning was Rm-1 because that's what the contract said. Of course right after I purchased the property I found out that is was really RSA-5. I don't think i'll be able to make it into a Triplex but in Atlas there seems to be some paper work from the 70's that it was a duplex. I don't really know what it saying. 

Anyone have a similar issue or know how I can find out what I can do with the property without getting a variance?

Any help would be great.

Unless the property is actively being used as a triplex with 3 active rental licenses (no matter the zoning), it's likely your only option is a variance. There are RSA5 (SFH zoning) properties out there legally being used as MFH's but they either used to be zoned for MFH and were able to be grandfathered in or the owners got a variance.

Thanks for responding Troy.

The property was a complete gut and no one was living in it for 4-5 years. But there were 2 units in the property when it was being used. I don't know if they we legal or not. How can I check to see if I would be grandfathered in or not, to what it used to be?

Originally posted by @Bennett Schwartz :

Thanks for responding Troy.

The property was a complete gut and no one was living in it for 4-5 years. But there were 2 units in the property when it was being used. I don't know if they we legal or not. How can I check to see if I would be grandfathered in or not, to what it used to be?

You can go down to the municipal services building and try and get a rental license for 2 units and if they deny you, ask what the steps are to get them. Check the city website below to see what you need to show up with to get a rental license and note no tax delinquency and no code violations. 

Rental license site here. 

Ok, thanks for the help

What sort of costs and pitfalls would be common when trying to obtain a variance from RSA5 to RM? Is it fairly doable or am I getting myself into a huge headache? 

Based on my research and the people I spoke to, it seems like it can be a headache. It depends on a lot of things (EX: other buildings on the blocks that did the same thing, parking, Square footage)and even if you meet all their criteria they might not pass it. It's been done before but it's not a done deal even if you have all of their criteria.

Understood, thank you!

Good luck!

Hi Bennett Schwartz. I have a similar issue with a duplex that I just acquired. Were you able to successfully obtain your variance? I've been advised to hire a zoning attorney to help facilitate it. How long did the process take you?

Originally posted by @Albert Zheng :

Hi Bennett Schwartz. I have a similar issue with a duplex that I just acquired. Were you able to successfully obtain your variance? I've been advised to hire a zoning attorney to help facilitate it. How long did the process take you?

 If I recall correctly, you will need an attorney unless you owner occupy. Either way, I'd definitely hire an attorney to help you navigate this. Message me and I can refer you to a good one. You'll also want to ask about the odds of actually being granted a variance depending on the neighborhood. If it's Strawberry Mansion you shouldn't waste your time and money, they will fight you tooth and nail and there's little chance you'll win. Many neighborhoods are reasonable though and if your variance request is reasonable, you'll have little opposition. 

@Albert Zheng , definitely hire a lawyer who is experienced in the city, and be prepared to wait a while while you are going through the process. I have tried zoning variances a few times myself and just got frustrated and ended up flipping the properties. Still made money but wasn't the end goal I had in mind. If you can be patient, willing to spend a little on the lawyer, and have a reasonable zoning request, it can absolutely be done. 

When you get to the rehab stage, feel free to reach out. I run a project management company for investors alongside my investing business so would be happy to help!