How I got variance for duplex in Philadelphia aka re-zoning

How I got variance for duplex in Philadelphia aka re-zoning

Property Manager · Phialdelphia, PA · Member since 2017 · 508 posts · 627 votes

This question seems to come up a lot on the BP forum.

Here is the step-by-step instruction how I got variance for SFH zoning to be used as a duplex with the budget and time schedule

  • 1)Zoning application. Fee is $25.00 Applied on 03/02/2017
  • Application can be found here https://business.phila.gov/media/Zoning-Use-Registration-Permit-Application.pdf but it is better to go to L&I and do the application with an agent together
  • 2) You WILL get a notice of refusal aka denial. City refuses every single application. Got it on 03/29/2017
  • 3)Now we need to file for appeal. The link for the application form: https://www.phila.gov/li/PDF/Code%20Bulletins/applicationZBA%20appeal2013.pdf where you will need to explain how compliance with current zoning code causes you unnecessary hardship as well as in the even you get the variance how it will effect your neighbors and the neighborhood (traffic congestion, parking issues, excessive noise etc.). To file for the appeal you will also have to attach your tax compliance certificate which you can get from https://secure.phila.gov/revenue/TaxCompliance/ Appeal fee if $125.00. Filed on 04/08/2017
  • 4)You will be scheduled for the board hearing and provided with yellow (bright orange) posters for the property. Plus you will be given detailed information that you will need to follow in order to get ready for the hearing. I didn’t find detailed instructions online, however there is simpler version on L&I website: http://www.phila.gov/li/Pages/Appeals.aspx Orange posters will have to be posted at the property and be easily visible and readable for people. My hearing was set for 06/20/2017
  • 5)You will need to schedule a meeting with an RCO (registered community organization) and present your case to them. It’s basically local zoning board. You want to get a few neighbors at the meeting who will agree to your proposed use and vote for it. You will need to get a letter from local RCO with their decision and vote registration that you will need for your maim hearing.
  • 6)Before your RCO meeting, You will be given a special letterform that you will need to deliver to all residents within couple blocks radius. You will be provided with the list of addresses. This letter will include description of your proposed use and time, date and place of the local meeting. I had 139 addresses. $98 for post stamps.
  • 7)After I complied with all requirements, I had to make photos of the property. You will have instruction on how to make photos and what size. Also I had to make accurately drawn, scaled and fully dimensioned site plans and floor plans. Did it myself, no cost. Used online design software https://www.homestyler.com/
  • 8)When at the ZBA meeting you will present your case in front of a few zoning board members. Everything goes pretty quickly. They will hear a lot of appeals the same time. You will be called by the address. I was the very last in the list so heard all other presenters. Most of the appeals were approved. ZBA denies right away any appeal if any neighbor shows up and protests against your proposed use or in you have a denial letter from your first RCA meeting. I got approved. They will give you a notice of decision. Then you will need to wait until you receive the notice in the mail (until they process it and put in the system). I got the notice in the mail on 07/10/2017
  • 9)With the notice you will go to the L&I and apply for (aka pay for) use permit and receive it right on the spot. $125 fee
  • 10) When you have yore use permit in hands you can go and apply for rental license. $55 per unit. $110 in my case.
  • 11) Total damage: $483.00 and 4 moths. DONE

Hope this helps. 

Feel free to reach out if you have questions. I would assume if you use an attorney your cost might significantly go up.    

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Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
8y

@Yuriy Skripnichenko

Great information! But a word of caution. 

In use variance cases, you have to be very careful about what you present to the Zoning Hearing Board. This is because if there is an appeal to the Court of Common Pleas or the Commonwealth Court, the court will refer to the factual findings before the Zoning Hearing Board to make the decision. And if you failed to introduce certain factual/legal arguments before the Zoning Hearing Board, you lost --- more or less --- your only opportunity to make your case. 

This especially gets tricky when you are dealing with use variances. This is because the Zoning Hearing Board has limited discretion on how to grant them. So let's say that every member of the Zoning Hearing Board is your family and friends. They love you so much that they grant the variance in your favor. But later, a random neighbor appeals the variance to the Court of Common Pleas. In those cases, the Court of Common Pleas will look at whether the Zoning Hearing Board correctly applied the legal standards for a variance. And if they didn't, you basically lost your chance of getting the variance. 

This is why many developers and other companies (e.g. cell-phone companies) send a stacked team of lawyers and experts to these hearings when they request a variance. They do this even when they know that Zoning Hearing Board is ready to grant the variance. Indeed, they do all this so that if the matter ends up in court, they will have a fully developed record that they can refer to. If they don't do so, they are likely doomed on appeal to the courts.

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.

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  • Dana WhickerPro Member
    Investor · Fernandina Beach, FL · Member since 2014 · 557 posts · 374 votes
    8y

    Good info. Thanks for posting this.

  • Developer · New Orleans, LA · Member since 2015 · 1k+ posts · 898 votes
    8y

    @Yuriy Skripnichenko Very detailed.  Sounds very similar to my city for 3+ unit homes and any commercial properties, although they skip the first denial and you have to do a community meeting.  Its a bit easier for 1&2 family houses (no need or the community involvement meetings).

  • Phialdelphia, PA · Member since 2017 · 1 post · 0 votes
    8y

    @Yuriy Skripnichenko

    Thank you for the detailed post. I'm about to go through the process and it is very helpful 

  • Philadelphia, PA · Member since 2017 · 43 posts · 4 votes
    8y

    Great details! 

  • Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
    8y

    @Yuriy Skripnichenko

    Great information! But a word of caution. 

    In use variance cases, you have to be very careful about what you present to the Zoning Hearing Board. This is because if there is an appeal to the Court of Common Pleas or the Commonwealth Court, the court will refer to the factual findings before the Zoning Hearing Board to make the decision. And if you failed to introduce certain factual/legal arguments before the Zoning Hearing Board, you lost --- more or less --- your only opportunity to make your case. 

    This especially gets tricky when you are dealing with use variances. This is because the Zoning Hearing Board has limited discretion on how to grant them. So let's say that every member of the Zoning Hearing Board is your family and friends. They love you so much that they grant the variance in your favor. But later, a random neighbor appeals the variance to the Court of Common Pleas. In those cases, the Court of Common Pleas will look at whether the Zoning Hearing Board correctly applied the legal standards for a variance. And if they didn't, you basically lost your chance of getting the variance. 

    This is why many developers and other companies (e.g. cell-phone companies) send a stacked team of lawyers and experts to these hearings when they request a variance. They do this even when they know that Zoning Hearing Board is ready to grant the variance. Indeed, they do all this so that if the matter ends up in court, they will have a fully developed record that they can refer to. If they don't do so, they are likely doomed on appeal to the courts.

    Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.

  • Philadelphia, PA · Member since 2017 · 28 posts · 4 votes
    8y

    Yuriy,

    Great post! I recently put an offer in on a RSA-2 zoned property in Philadelphia that has been used as a duplex for the past 14 years. My intention is to continue to use the property as a duplex and house hack. A couple of questions:

    1. Are you able to rent the other side out while going through the variance application process?

    2. My understanding is that if I live in one unit I don’t need to get a rental license, and therefore can push off the need to get a variance until I move out. Is that correct?

    Also, I dug up an application from 1978 from the owner to use the property as a 2-family. On that application, the owner also indicated that the property was currently being used as a 2-family. I’m thinking this will be useful to point to if/when I need to apply for a variance.

    A neighbor a few blocks over also very recently applied for a 2-family variance for his RSA-3 property and was supported by the neighborhood. I felt confident enough to make the offer, but am hoping that there’s not something I missed or was unaware of at the time. Any/all feedback is much appreciated! 

  • Property Manager · Phialdelphia, PA · Member since 2017 · 508 posts · 627 votes
    8y

    @Account Closed

    1.You can rent any unit any time but it would not be compliant to city ordinance and rules and regulations.

    2. You must have rental license for any property you rent. If it’s owner occupied duplex, than you are exempt from one unit fee but still have to pay fee for another ($55 per unit). If you look at the bottom of the rental license application it says: Owner occupied duplex is considered one (1) rental unit for the purpose of calculations.

    Also if you rent to any tenant with 6 years old and younger you will need to have a lead based paint certificate (considering that the property was build before 1978)

    I would not make my calculations based on variance that you may or may not receive. Make sure the deal would work for as a single house after you move out. 

  • Philadelphia, PA · Member since 2017 · 28 posts · 4 votes
    8y

    Thanks for the info, Yuriy. You make a good point to run the numbers in both scenarios, incase the variance is denied. This property is set up like a duplex, and would need to be thoroughly renovated to work as a SFR. Something to also consider.

  • Philadelphia, PA · Member since 2017 · 8 posts · 3 votes
    8y

    @Yuriy Skripnichenko Thanks so much for this post! I’m about to go through the same thing with a duplex in West Philly that was built as a duplex (I know b/c my grandparents were the first owners and purchased it that way), however, the city still has it and the whole block full of duplexes zoned as RSA-3. 

    Could you elaborate more on your RCO meeting? Were there many neighbors in attendance? How did you get neighbors to attend on your behalf? 

  • Property Manager · Phialdelphia, PA · Member since 2017 · 508 posts · 627 votes
    8y

    @Tiffany Miller

    It would be general meeting for RCO and you will not be only person presenting a case. There will be a few people but from different places since there will be different cases.

    As I mention in point 6, you will be given a list of addresses that you will have to invite to the meeting with RCO. I mailed out about 200 letter with description and invitation. None of them showed up. I personally asked a few neighbors to come who live on the block. I have built good relationships with them and the block capitan. The capitan and his neighbor came and they voted yes for the proposal.

    Hadn’t I asked them to come there wouldn’t be anyone to vote but the RCO members. I also brought a bid DD box of coffee to the meeting and some finger food and was greeting people who came in and offering coffee :)  

  • Philadelphia, PA · Member since 2015 · 30 posts · 15 votes
    8y

    Good morning everyone. Thanks for posting this very thorough process Yuriy. I also wanted to add that I highly recommend speaking to an attorney to help with this process as they can really help get zoning cases through. In my case, I worked with the Anastasio Law Firm here in Philadelphia and Vern really helped me get legal zoning for a triplex (orginially a duplex.) I would agree that the costs are significantly higher than if you do this yourself but you can also save a lot of time and energy by allowing a professional who faces these types of situations very often. Cheers!

  • Brooklyn, NY · Member since 2016 · 316 posts · 130 votes
    8y
    Originally posted by @Luis Rosario:

    Good morning everyone. Thanks for posting this very thorough process Yuriy. I also wanted to add that I highly recommend speaking to an attorney to help with this process as they can really help get zoning cases through. In my case, I worked with the Anastasio Law Firm here in Philadelphia and Vern really helped me get legal zoning for a triplex (orginially a duplex.) I would agree that the costs are significantly higher than if you do this yourself but you can also save a lot of time and energy by allowing a professional who faces these types of situations very often. Cheers!

    Well state.  How valuable is your time.  That is a calculation that we often overlook in estimating the cost of

    hiring a professional or doing it yourself.

  • Philadelphia, PA · Member since 2015 · 30 posts · 15 votes
    8y
    Originally posted by @Calvin Lipscomb:

    Well state.  How valuable is your time.  That is a calculation that we often overlook in estimating the cost of

    hiring a professional or doing it yourself.

     
    Thanks Calvin. You're right- especially when it comes to legal or licensing or inspection matters. What I love about this post is that it clearly outlines the process here in Philadelphia, so someone can speak to the attorney in an informed manner.

  • Rental Property Investor · Philadelphia, PA · Member since 2016 · 50 posts · 11 votes
    7y

    @Yuriy Skripnichenko

    Great write up! Would you know if it is more complicated to try and get a zonig  change from a single to a 3 family?

    Since you physically attended what type of reason did people use for hardship? 

  • Newtown, PA · Member since 2017 · 21 posts · 2 votes
    7y

    Listing of a hardship has always felt like a hurdle to me, likely because I'm not even certain what type of hardship they mean. I've assumed that hardship meant financial, and that if you couldn't afford your home, making it into a duplex/multi would resolve financial stressors. Or maybe you have a sick relative who needs to live with you... that type of hardship.

    What other types of hardships could someone have, especially an Non-owner-occupant investor? Thanks for this awesome post, @Yuriy Skripnichenko

  • Property Manager · Phialdelphia, PA · Member since 2017 · 508 posts · 627 votes
    7y

    @Al Pekerman

    It's exactly the same process if you are applying for variance for a duplex or a triplex or any use change that is not permitted in your zoning. However, if you own the property in your entity you will have to be represented by an attorney. They may be able to help you fill out the appeal application.

    I never converted a property. I received variance for properties that were converted previously (before I purchased them). As hardship I would list all the work that will need to be done to convert property back from duplex/triplex to a single family.

    Hope this helps.

    Cheers,

    Yuriy 

  • Plymouth Meeting, PA · Member since 2018 · 7 posts · 2 votes
    7y

    Awesome info! Thanks for sharing!

  • Member since 2019 · 5 posts · 1 vote
    6y

    Yuriy Skripnichenko - I am planning to purchase a building with RM-1 zoning already attached to it. As of now, the owner is using it as a single family. I would like to convert to a duplex and plan to do a lot of works myself. My agent is telling that I would need a license to do that type of work. Do you happen to know the process and hwo to get this done? Thank you in advance.

  • Investor · Cherry Hill, NJ · Member since 2016 · 860 posts · 324 votes
    6y

    @Van Nguyen

    What area? Also, first thing you need to immediately do is file for a use permit for a two family dwelling, I’d suggest hiring an architect to do it as it’ll only cost a couple hundred bucks and you don’t need plans.

    The code also just changed requiring all rehabs in which you are not and owner occupant to have drawings in order to obtain permits, so you will need to have an architect involved

  • Property Manager · Phialdelphia, PA · Member since 2017 · 508 posts · 627 votes
    6y

    @Van Nguyen

    As @Mayer M. noticed you may want to hire an architect. 

    Permits depend on the work you'll be doing. You can find building permits info here https://business.phila.gov/licenses-and-inspections-building-permits/  

    Cheers, 

    Yuriy 

  • Philadelphia, PA · Member since 2017 · 5 posts · 0 votes
    6y

    @Yuriy Skripnichenko very helpful information. Appreciate the transparency. Completely understand all that needs to be done for this situation. Only question is, did you do all this before or after you bought the property? Asking because if it was after, then it seems like you were basically wishing upon a star that the board will grant you permission to convert in order for your deal to work. My concern is, with the 203k full program, they have certain timelines to complete renovation. Waiting another 6 months after I already closed the deal for the board to grant me permission to start my conversion, doesn't seem like the right investment move if you're using this type of financing. Especially if all they end up doing is deny you anyway.

  • New York, NY · Member since 2017 · 3 posts · 0 votes
    6y

    This is an old thread. I'm wondering if Philly has adopted a more progressive attitude towards zoning and multi family units? Minneapolis has BANNED single family zoning. 

    https://tcf.org/content/report...

  • Property Manager · Phialdelphia, PA · Member since 2017 · 508 posts · 627 votes
    6y

    @David Daily

    I was done after the purchase. I don't think you should look at the properties that do not have correct use for 203K loans or if you do not have experience. 

    @Malynda Sala

    I've been through couple of use changes this year. No, Philly didn't adopt more progressive attitude. There were some changes to the process but overall it is still the same. 

    Cheers, Yuriy

  • Alan AsriantsBusiness Member
    Real Estate Agent · Philadelphia, PA · Member since 2019 · 1k+ posts · 1k+ votes
    6y

    Hello Yuri,

    This is a great description and I love how detailed you were. Thank you for that. 

    I see that this post is 2 years old now. I spoke with a Zoning Attorney and they informed me that in order to get a variance approved I have to go about installing a sprinkler and fire alarm system to build it up to code. Are you aware of this? Thank you 

    Alan Asriants - New Century Real Estate 590 Reviews
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  • Investor · Cherry Hill, NJ · Member since 2016 · 860 posts · 324 votes
    6y

    @Alan Asriants

    This is correct for 3+ units. Duplexes should not require sprinklers or fire alarm

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