Getting Zoning Variance on SFH Zoning for Duplex

Getting Zoning Variance on SFH Zoning for Duplex

Member since 2019 · 2 posts · 0 votes

I recently came across a property that is currently built as a duplex, but is zoned as a single family home. The property was originally listed over a year ago and has since dropped the price substantially. I talked with a real estate agent who stated that the zoning seems to be the main issue that is keeping buyers away since it cannot be used as a duplex and substantial work would be necessary to convert it to a single family home. 

None of the properties in the area have driveways or garages, so all of the parking is street parking. I suspect that the area was zoned to prevent multifamily houses in order to reduce congestion on the street for parking. 

However, the property has a sizable backyard and a side yard. Although a couple thin trees would need to be removed, and there is a bit of a slope, I believe it should be possible to put in a driveway through the side yard into the backyard for a couple of parking spaces. I am thinking that this may be enough to get a variance to allow the multifamily use of the structure since it would not be a burden on the street parking. 

I have never attempted to get a variance on zoning before. Would anyone be able to provide some insight as to if it seems plausible that a variance could be granted in this situation? I assume that having this building being vacant for so long may push the city to make a variance, especially since the driveway would still alleviate the main concern of the zoning. If it does seem plausible, how long can it generally take to get a zoning variance, and how much would a zoning variance generally cost to obtain?

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  • Bayport, MN · Member since 2018 · 92 posts · 52 votes
    7y

    You would have to go to the city zoning department and talk to them. 

    I have a duplex that is zoned for a single family.  The sellers had approached me on purchasing it (they were my neighbors) due to a divorce.  They had been living in one side, and renting the other (in violation of the zoning, but it was never caught by the city.  I made them an offer with the stipulation they had to get a conditional use permit from the city that would allow me to rent it as a duplex. 

    They approached the city.  We went to the planning commission meeting, they recommended approval to the city council.  The city council had to hold a public hearing.  The city council approved the CUP.  I have been renting it as a duplex with the CUP for the past 12-13 years.

    When the sellers went to the city and it went to the planning commission, the planning department first was going to require me to live in one side.  At the planning commission meeting, I said that would not be an option, and that I lived next door.  They agreed to that, and was going to make the CUP contingent on me living next door, meaning I would not be able to rent it as a duplex if I moved from my house.  I would not agree to that.  The city agreed drop that as well.  I have to write a letter to the city each year stating that the property is still being rented as a duplex, and that it did not sit empty for more that 90 days during the year.  If I don't write the letter, or it is empty without prior approval from the city for more than 90 days, then the CUP is void. 

    Make sure if any contingencies are placed on the the property by the city, you know what they are before you buy, and you agree to them.

  • Member since 2019 · 2 posts · 0 votes
    7y

    Thank you! It seems like it was not too painful of a process. It is also good to know that the board can be flexible if their initial contingencies are not reasonable.

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