All Forum Posts by: Matt Everling

HI Dionne, Let's break down your question into two parts: 1) SFR with ADU and 2) Adding a unit to a property with a duplex.

1) Since the property is zoned R2, it is usually considered two-family zoning. If there was a SFR on the site, then another unit would be called an ADU. An ADU is considered an accessory structure. The SFR is the primary structure.

2) Since there is a duplex on the site, an ADU should not be called an ADU, it usually is considered another dwelling unit on the property. This means that the unit would not be subect to the ADU requirements, but would have to meet the minimum unit size per the Zoning Ordinance for a 1 bedroom, 2 bedroom, etc. However, to even add another unit to a multi-family property in an R2 zone, you need to also research the maximum density permitted. For this you want to find the General Plan Land Use Map. On the legend for the R2 designation, it should tell you the max density permitted. For example, a High Density land use designation might allow something like 23 du/ac. This means that 23 dwelling units to the acre are permitted. So if your property was 2 acres, you could potentially build 46 units. If you had 0.5 acre, you could only potentially build 11.5, or 11 units (cities usually round down for density). In addition, a typical minimum lot area per dwelling unit in the R2 zone is 2,500 SF. This means that if you had a 10,000 SF lot, you could potentially build 4 units.

And yes, a 10-foot setback from an existing overhead power line is typical. This is due to what is usually an overhead easement. The utility company that owns the power line should also own an easement on your property that permits them to make repairs to the power pole/line. The setback requirement to a structure is also due to public safety and fire code requirements.

If the zoning is Single Family Residential (SFR) or R-1, the triplex may be legal non-conforming (grandfathered), which means it may be repaired and maintained in its current state, but you could never expand the structure. Call the Building Dept. in the jurisdiction where the property is located and ask them if the triplex was permitted as a triplex. If no permits exist, then there is a good probability the triplex is illegal. Like Bjorn stated, if the underlying zoning is R-1, the Planning Dept. will most likely not support a rezoning request. Under due process law you have the right to apply, but not having the support of the Planning Dept. is not a good thing. Any request for rezoning usually requires two public hearings, one by the Planning Commission and a second by the City Council, whose decision is final.

@Ric Ernst Great info. Thanks Ric!

@Ric Ernst Wow. Thanks for the awesome feedback. Sounds like you have it dialed in. Any advice as to the lender you have been using for your refis? What interest rates are you seeing right now? What % are you using for vacancies and capex? Thanks for your help!

@Ric Ernst Also, what % of cash out would you say you are able to pull out after each refi?

Good post Mike. I am interested too!

@Travis Hargreaves The real question is what is the minimum lot size for the zone in which the homes are located. Once you know the zoning designation, find out what the minimum lot size is. If you can split each lot and comply with the minimum lot sizes, you then have to provide separate ingress/egress and utilities to each individual lot. Maybe create a flag lot design. You will then have to make an application for either a lot split or a Tentative Parcel Map, which typically requires a public hearing and review and approval by the City’s Planning Commission.

@Travis Kemper Converting a garage into habitable space is illegal. It's also a Zoning Code violation to have no enclosed or covered on-site parking for a SFR, typically in a garage or carport. I was a City Planner for the Town of Gilbert for many years and can tell you most cities in Phoenix and the East and West Valleys are very similar in restrictions.

@KC Boultinghouse Sounds like an illegal conversion. R-1 single family zones do not allow for multiple family housing.

If the zoning really is R-1 or the single family equivalent, a city will probably not support rezoning it to multifamily, especially if the contiguous lots are single family uses. This is called spot zoning and is illegal. I would move on, unless you want to buy a SFR.