All Forum Posts by: Kyle Kingma

Why would you pay an attorney for a variance application? A planning consultant is just as good: http://www.planningpeeps.com/firms-and-freelancers.html

So do you NEED to put in a new system? It sounds like the existing one is nonconforming, and the only thing kicking you into the new setback is the new system. Who certifies these septic inspectors? You would think they'd be aware of the current setback requirements if they're certified. They never issued a permit so they cannot be estopped from enforcing the regulation. Someone made a mistake, and you were ill advised. Was it the county? Was it the "certified" planner? Is someone fibbing? 

You won't be able to pull the necessary permits unless the zoning is compliant with the current code. Sure it used to be six units, but it might have lost the ability to go back to six when it was converted again. Furthermore, four units might kick you into sprinkling the apartment (which is what the IRC would consider it to be).

If it isn't a legal duplex, it cannot be rebuilt as a duplex regardless if it is destroyed by fire or natural disaster. Whatever is rebuilt must conform to today's standards, which in SFR, is a SF home.

FWIW, you probably could not have gotten the other structures insured as your insurance provider would have wanted to know if they could be rebuilt. Probably not if it was single-family zoning.

MIL suites cannot have stoves. This renders them separate dwelling units. Only one dwelling unit is allowed in single-family. Your city should have a definition of a family which usually is along the lines of six or fewer related or unrelated individuals in a single housekeeping unit. This means that they share the common areas such as a kitchen. A MIL suite is where the "mother"-in-law sleeps, not lives full time. So check the zoning to see if it is SF, two family, or more. This is not a limitation on rentals, its a limitation on density.

Keep an urban planner close.

Well, the flag pole wouldn't be right-of-way (ROW), it would provide required access frontage. I think that's what you need. Your city likely won't let you build a landlocked lot (most don't). I think you just need to know the right questions to ask, here's a few:

1. Would staff support a zone change to R10 for the lot?

2. What's the required street frontage length?

3. Does the code allow flag lots?

That's really the information you need. If you can subdivide in this manner, then the big hurdle would be the zone change. Assuming you get that approved, hire a surveyor to prepare a subdivision plat and get that reviewed by the city.  

Well I'm a city planner [waits for applause]. Are the other properties sized like R10's? You said they were grandfathered as R20's, which would tell me that they're under 20,000 sf as it is. I ask because although you'd be increasing the density by having smaller lots, what you're proposing might still be compatible. If they're all large estate lots and you want to just come in and split to make double the profit, it won't go unnoticed in that public hearing.

As for the ROW issue, how are you wanting to split this lot? Is it a deep lot that you need to provide access to the second lot? Usually this requires street frontage of a certain length. Sometimes you can do a flag lot where you have the necessary frontage and then it looks like a skinny section all the way back to where the house is (looks like a flag on a flag pole). That's one way. The other way, which is pricey, is to build a street. You might think that you could just dedicate ROW and then build the house, but when you dedicate ROW you need to build the street. For a two lot subdivision...not worth it. However you might be opening up a landlocked lot for some other guy sitting on it so he might help out. Not having not seen what the tract looks like, there's not much more advice I can give you. I'd be happy to help though.

If a duplex is not allowed under the current zoning, you'd have to rezone to rebuild a duplex. You wouldn't be able to convert it back after a SF home is rebuilt...well, not legally.