Variance for Duplex

[Jeffrey Sommer]

I'm under contract for a duplex in Port Richmond. It does not have the proper zoning but it is build out correctly. It has separate gas, electric, two hot water heaters, etc. 

Has anyone been successful in going through the variance process and do you have any tips you can provide? I'm thinking of using a lawyer but I'm curious is I can save the few thousand dollars and do it myself.

[Stuart Udis]

In Philadelphia you typically need a base zoning of RM1 or RTA1 for by-right 2 family uses.  If the property has historically operated as a 2-family and the rental license has not lapsed for more than 3 consecutive years L&I will continue to honor the 2-family use. This is what @Jon A. is likely referring to. This is also why its important to keep rental licenses active. If more than 3 years has passed since the rental license has lapsed, L&I may issue you a rental license but its really a case by case basis. It is good practice to obtain the L&I affidavit of continuous use from the seller as this can sometimes improve the chances of securing the rental license even if more than 3 years has lapsed.

To demonstrate the uncertainty of L&I when rental licenses have lapsed for more than 3 consecutive years I will share a recent transaction of mine. I purchased side by side 3-family buildings last year. Each contained historic use permits and have continually operated as 3- family buildings.  However the owner had failed to maintain rental licenses on each for the past 9 years. I submitted the affidavit of continuous use executed by seller with each application and for one I was issued a billing statement for the back rental license fees, interest and penalties and for the other I was issued a refusal and had to seek a variance. 

If a variance is necessary I would recommend hiring an attorney. I am not saying this merely because I am one since I am not seeking this line of business. I make this recommendation because you present yourself more professionally. It is different for the elderly couple who has lived in their house for 30 years and now has a large building constructed directly next door and wants to erect a fence that exceeds the max height allowed. This scenario would require a zoning variance but plays out better in front of the ZBA as a pro se appeal well. The investor who presents to the ZBA without counsel doesn't come across the same way and the ZBA doesn't give the same leniency and patience if you don't address the correct standard for why the relief is sought.