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Zoning Variance Question (Real Estate & Property Law)

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• Fri, 15 Jul 2005 10:42:00 GMT(1)
• The question I have is why can I only rent to three unrelated persons when I have five bedrooms in the other half of the duplex. The condos and apartments who are my neighbors all have a minimum density of four persons per unit but the person I talked to in the zoning department said that I would never be approved for it. I would like them to increase my occupancy in the other half of the duplex from three to four or five like the neighboring properties so that I can maximize my income from rent. It seems to me, however, that they only respond to people with deep pockets in the zoning dept. I know that nobody would complain about the detrimental effects on the residential character of the neighborhood since my street is already covered by higher density housing. Anyone with experience in zoning variance law would be greatly helpful. Thanks in advance.
• Sat, 16 Jul 2005 10:51:00 GMT(2)

• Quote:

  Originally Posted by natetay

  The question I have is why can I only rent to three unrelated persons when I have five bedrooms in the other half of the duplex.
  **A: see below.
  *
  The condos and apartments who are my neighbors all have a minimum density of four persons per unit but the person I talked to in the zoning department said that I would never be approved for it. I would like them to increase my occupancy in the other half of the duplex from three to four or five like the neighboring properties so that I can maximize my income from rent. It seems to me, however, that they only respond to people with deep pockets in the zoning dept. I know that nobody would complain about the detrimental effects on the residential character of the neighborhood since my street is already covered by higher density housing. Anyone with experience in zoning variance law would be greatly helpful. Thanks in advance.

  
  **A: post the cite from the ordinance or law that you are referring to.
• Fri, 15 Jul 2005 09:21:00 GMT(3)

• Quote:

  Originally Posted by natetay

  What is the name of your state? Utah (City of Provo)
  I purchased a property about one year ago. It is a legal duplex and my wife and I live in one half and rent out the other half to university students that attend BYU. (I guess I'm just a sucker for pain.)
  The question that I have is this: Provo city has zoning ordinances that limit the number of unrelated persons who can live in a single residence.
  **A: a duplex is not a single residence but a 2 family dwelling property.
  **
  I understand this rule, as it would detract from the residential character of a neighborhood if homes were turned into boarding houses. The questionable part of the whole issue is the zoning of my property RC (residential conservation, which means that only people with deep pockets get the changes in zoning that they want). My next door neighbor is a 60 unit apartment complex, accross the street there are apartments, etc. I am one of only two houses left on the street (the other house is rented to students as well). The other half of the home that I rent out has five bedrooms and two bathrooms and I find it ridiculous that I can only rent to three people. I called the zoning office and asked them what I would have to do to get a zoning variance to rent out to more unrelated individuals. I was informed that it would require a proposal being filed and a fee being paid. I said that I would submit one but the man told me not to bother because it would be rejected. What the heck does that mean? They won't even look at it? There has to be some recourse for me, doesn't there? Any help would be greatly appreciated.

  
  **A: I don't know what your question is since you have a legal duplex, you are allowed to rent to university students.
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