Building Code Variance
Hi everyone. I recently bought a condemned property, and now I must bring it up to code. One of the requirements is that the staircases be 36 inches wide ( they are 32 now). The building was built in 1950, and modifying the stairs would be almost impossible from the standpoint of practicality. For example, structural walls must be moved, and one of the upstairs bedrooms would no longer be able to have a door more than 24 inches, etc. I have made arrangements to go before the city's board of appeals next month. My question to you is how should I present my case? I've never done this before and I am not sure exactly what my best strategy is for requesting a variance. I have photos and the reasons I mentioned above, but I don't know the best way to present the material. I must have the request prepared for them next week for them to look over, and I want to give them something respectable. Any advice will be appreciated. Thanks - Zach
I would start by going to talk to their staff and to the guys at Building and Safety - tell them your problem and get their advice.
I did that, but they didn'y know much more than I did about it. That goes for the inspecter I talked to and the office staff. Maybe they could have been more helpful if they had wanted to be. Who knows.. Anyway, thanks for your help. Frankly, I'm surprised by how few responses I've gotten to this question. Some topics go on for hours with everyone saying the same thing over and over again, but no one else can advise me on this one, huh? Don't want to sound negative, but honestly, I'm disappointed. Zach
Zach if you know a contractor that could present the inability to preform the requested changes do to structural integrity...you might have a something in your corner...
or
see if there might be something in the area of "historical" on your side... get it deemed historical if you can or check into it!
I'm a construction management professional and would love to help you but you haven't given me enough info. For one thing, your problem could be handled quite differently depending on what part of the country, (county, state, city) your in. In general, a property normally would be grandfathered in under it's original code requirements, but because the property was condemned, it's certificate of occupancy was revoked. Therefore, all bets are off and they can make you bring the entire building up to code if they want to, i.e., new plumbing, electric, HVAC, etc., which could get very expensive. I've seen situations where it was actually cheaper to tear down and rebuild because the requirements were so strict. If I were in your shoes, I would want expert advice from someone who has connections at your local zoning department and/or courthouse, like a respected renovation contractor (also a potential joint venture partner) or a private inspection firm (your local new home builders should be able to refer you to these guys, usually structural engineers). Someone who knows the local system and the players. You may have to pay for their time or hire them to do a portion of the work, but if you get what you need it'll be worth it. Instead of applying for a variance, I would be looking for creative solutions to meet the requirements. You'll need to first determine exactly what those are by getting a written copy of the code reference. Perhaps it could be met a different way by adding the correct size stairs to the exterior of the building via a small addition. I can't say whether this solution would be practical or not without seeing the property, but you get the idea. There are ways around most any problem if you think outside the box. Though I'm sure you can probably work around the stair problem, my main concern for you is the overall requirements to bring other items up to code as well. You truly need to determine all the cost factors before proceeding. Otherwise you could find yourself deep in a money pit that will never pay the returns your looking for. In that case, it would be best for you dump the property by selling it "as is" to a contractor or someone better able to deal with zoning & construction issues. I certainly hope it doesn't come to that, but it would be better than forging ahead into unknown territory and taking a loss. Do your best to determine your financial exposure, then make your most practical decision. I hope you find this helpful. If you have any questions, feel free to e-mail me through my profile info. Best of luck to you, Jeff B
Is this a residential or commercial property? *not sure it makes a diff but is curious*
Is the area it's in full of places just like the one you bought? If it's single family, perhaps there would be some sort of "keeping with the architecture" way to approach it. Sorta sucks, good luck in your pursuit!!
p.s. i didn't see the other suggestion of "historical" value, just chuck my idea with that one. And...THANK YOU Zach, for posting something i felt i could reply to, i jumped to Sophmore Investor!! WOOT!!
[ Edited by lorien on Date 09/26/2003 ]
Thanks! Those are excellent suggestions! To respond to your other questions and comments, yes, the city I'm in is chock full of these properties. This one is a 6 unit apartment, and from the standpoint of most lenders, it is commercial. However, it is an apartment, so the zoning is residential or multi familyresidential. Oh, but there is one more thing - each unit has it's own sidwell number, like condos, so maybe it's just residential? As far as the electrical, plumbing, and mechanical, they are all brand new and fully up to code with the exception of some pipes that burst during the winter and a few odds and ends, like reglazing a bathtub because there was bare metal visable, etc. The electical is also brand new - everything from the pole to the outlets, smoke detecters, etc. The mechanical (heating and cooling) was also new, but requires some new furnaces, because some lowlife stole them.
Jeff, I think the previous owner received a variance for the stairs, because in addition to all of the aforementioned work that was performed by him, there were new treads on many of the stairs. Also, the building inspecter is the person who suggested to go the appeals board. He gave me the impression they would work with me, but the truth is that the previous owner vanished almost overnight after doing all of this work, and no one knows why. I don't mean that he was abducted by space men, in fact I've heard he is still in the area, but he disappeared from this project. In fact, in some of the units, it's as if the workers literally dropped their tools on the spot and vanished. There were still open paint cans and buckets of drywall mud. Go figure - Maybe it was space men. Or it could be that the city finally drove him out, but I can't understand that. I'll be thinking about all of your suggestions. Thanks again - Zach
P.S. The building is not part of a historic district, but that might be one more argument for me to use anyway. Thanks - Z[ Edited by Zach on Date 09/26/2003 ]
There are several explanations to the paint cans and tools being left.
1 paychecks bounced
2 Imigration Service showed up,which is usually the day before payday an "anoymous" phone call
3 Contractor wasn't getting paid and pulled his crew off.
If you want to know start with a few jobsite,especially right at lunch time,tell them the "little" info you have and its a matter of time.
I have seen all of these events and even unknowingly gave a Real Estate agent a lead on a piece of property that is now 6 houses that I drove by for a year.
You might be right, Mike, but I get the idea that the "crew" was the owner and his pals, except for the work that required professionals, like the plumber and electrician, etc. I think all of the other rehab stuff like flooring, paint, drywall (if you can call it that), kitchens and things were done by a team of weekend warriors. Nothing against weekend warriors - I'm one, too, but my point is that it didn't look like professioals were doing the rest of the work. By the way, all of the new kitchens were stolen along with the furnaces. Oh well, I knew that when I bought it. Still sucks though, I'd much prefer that they had been left intact, haha. Maybe the beer ran out, and that's why they left! Zach[ Edited by Zach on Date 09/27/2003 ]
Zach,
Lots of great news here since I last looked at this message (I've been out of town) so I hope this post is not too late. You mentioned that the previous owner might have gotten a variance. Since property zoning doesn't change with ownership, that variance could still be in effect. Even if it's not, his proposal to the city would be a matter of public record and you should be able to look it up and see what approach he used to convince them. They've already agreed to it once so it stands to reason they would again. Good luck and let us know how it goes. Jeff B
Jeff, that's another good idea, and I'll get with the city about that on monday. For an update, I can tell you that I already went to the community development building to apply for my building permit and give them my written proposal for the variance (I'll paste it at the end if you care to read it), and while I was there, I had the good fortune to speak with the chairman of the appeals board, who just happened to be there submitting some building plans of his own, and another board member who actually works in the department. The one who worked there pointed out the chairman and suggested I go grill him about some of the things they would be looking for. I introduced myself and explained that I would be going before the board during it's next meeting, and without mentioning the nature of my problem, asked him what I might do to be prepared. He seemed like a nice guy, and his response was simple - he said all I needed to do was have a legitimate reason for the variance that would convince reasonable professionals in the industry, and not try to b.s. him because he'd been a builder for thirty odd years, and I would have no problems. Sounds good to me. It was just after that when everything went awry. That was when the building official arrived ranting and raving and instructing his coworkers "Do not help this man, don't give him any permits or anything else he wants! Put everything on hold! He is to do nothing with this building! This building is scheduled to be demolished!!!" And that is how I was introduced to the building official.. Thankfully, the chairman of the appeals board had already left. I've since been in touch with the law department and the attorney who had filed a restraining order to prevent the demo for the previous owner (bank). He seems just as interested in rectifying this situation as I am, and I think everything will work out. Of course, I never expected this can of worms in the first place. Anyway, none of that has to do with the original post, which is still an issue, but one I think wil eventually be smoothed over also. Here is the short letter that accompanied my application to appeal.
I am hereby requesting that a variance be granted regarding the stairway width and head clearance height for six adjoining apartment units (address). Built in 1950, each unit has it's original staircases with widths of 32 1/2". To alter or modify these would require that structural walls on three levels (basement, first floor and second floor) be relocated approximately 3 1/2" inward. In addition to the structural integity, design, and historical significance of the building being at risk, the operation is cost prohibitive, and would furthermore result in an inadequate amount of wall space for one upstairs bedroom doorway (see attatched photos). This reduces occupant desireability and value, as there would be only two bedrooms instead of the original three. It also places what I feel is an unnecessary initial and continuing finacial burden (due to decreased market appeal) upon the owner of the property. I would prefer, and I believe it is more important, to put my time and money into areas that will be of greater benefit to the neighborhood and local community.
Singature
Thanks, everyone, for your interest and advice. Zach[ Edited by Zach on Date 10/02/2003 ]