ADU on Duplex R2 lot question

[Tess Sweet]

We are in escrow on a duplex zoned R2 that has a detached garage that was converted into an additional unit without permits. The housing department states that it needs a new certificate of occupancy because it's no longer a garage. How can we go about making this a legal unit? The lot is big enough for 3 units because its 7700 square feet - but its zoned r2. Anyone know how hard it is to attain zoning variance? We don't want to have to tear out what has been built in the garage. (They did nice work! And we wanted to live in it while we fix up the duplex...) 

[Matt Everling]

I have been a City Planner in the public and private sectors since 1994. Most City's Zoning Ordinances (Usually Title 17 of the Muni Code) will specify minimum unit sizes for R-2 lots. Check with the Planning Dept. on the lot area per unit (density)and minimum unit size. Ask them for the maximum density (number of units) you can build on your lot given the lot size. Forget about a variance. You have the right to apply, but there are 3 "findings" required under CA State law to justify a variance. If your project doesn't meet just one of the 3 findings, then the Zoning Administrator must deny the application. A variance has to do with the land itself, something physically inherent with the property that you have no control over, like lot size, shape or topography. Rezoning the property from R2 to R1 is called "downzoning". While downzoning a property does lead to lesser impacts on a neighborhood (less cars, traffic, noise, etc.) given the lack of affordable housing in LA, I would speculate that the Planning Dept. would recommend denial because your proposal would actually result in the removal of affordable housing, and that would violate the goals and policies of their adopted Housing Element. In addition, CA State law requires that all applications must be reviewed by the highest authority, meaning that the even though a variance is typically reviewed by either a Zoning Administrator, he/she can bump it up to the Planning Commission. However, a rezoning application must first be reviewed by the Planning Commission, and then on to the City Council, who has the final authority.

Clear as mud, no? I've made a career out of helping people do this. Let me know if I can help you more.