@Brandon Turner
Hi Brandon,
Recently pulled out of a deal with my zoning contingency on a similar scenario.
The property was zoned SF, somehow had been converted to a 4plex.
After speaking to zoning, code enforcement, and land use for the county having jurisdiction, I learned the following:
-If a complaint was issued by neighbors, tenants, passed-bus, ect it could trigger a visit to the property by the county. The issue is that there was a lot of work done on the property without permits which had not been inspected. Should the county have determined the property was not operating as intended (not difficult to prove with 6 cars in the driveway) it would trigger a Certificate of Non Compliance that will show on the title report until cleared. The county can put a hold on the property to demand that it stops operating as a 4plex. Should the inspector also deem that there are safety concerns with the work that was not inspected, it is his discretion on whether you will need to expose MEPF systems. Even if the work had been approved after opening up walls, I would still be on the hook to legally convert back to SF.
-To resolve the first point, there were two options. 1) One was to go down the road of getting an exception to the current zoning. Depending on census tract and surrounding land use, it can be an uphill battle. Especially getting an exception for a 4plex in a SF zoning... 2) Convert the property back to a legal SF use and operate as a rental. Not as Juicy as the cash cow I wanted to buy. Either direction taken here costs a good chunk of change.
-The more obvious risk is with insurance. I am not a lawyer not do I claim to be an insurance expert. But as it has been explained to me, should something happen on the property, because of all the un inspected modifications, I would be on the hook.
In my eyes, the biggest risk is the safety factor. If you are able to get the work inspected in the second dwelling AND then put up partitions, install your second kitchen, ect - at least you can set yourself up knowing that your addition was signed off. Maybe you can even get a second kitchen signed off with the SF use? If this happens you can add your dividing partition between units and sleep easier.
I definitely think the above example are the extreme, but wanted to touch on the dark side potential for perspective. I have plenty of contacts who build out a separate unit in the basement. They did however build the basement out originally pulling permits and went back afterward to add casework for the kitchen, ect. Great potential way to maximize utility in a SF.