• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

garage variance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

marey

Guest
Portland Oregon. We want to remodel our three consecutive garages, which face the street, into reatil/ gallery store fronts. We intend to add a glass sunporch and awning, which would go infront of the garage doors about four feet, and contain its own locking door. This would leave the garage doors intact for extra security. The sun porch would almost touch the sidewalk, and the awning might cover it a little. The garages are small and face a pedestrian friendly area which has other small businesses in the area. Help! what are our first moves?
 


HomeGuru

Senior Member
marey said:
Portland Oregon. We want to remodel our three consecutive garages, which face the street, into reatil/ gallery store fronts. We intend to add a glass sunporch and awning, which would go infront of the garage doors about four feet, and contain its own locking door. This would leave the garage doors intact for extra security. The sun porch would almost touch the sidewalk, and the awning might cover it a little. The garages are small and face a pedestrian friendly area which has other small businesses in the area. Help! what are our first moves?

**A: hire an architect and a zoning consultant.
 
M

marey

Guest
thanks!

Architect and zoning consultabt, sounds like quality, and probably worth it in the long run. I didn't know there was a such thing as a zoning consultant. Nice title, maybe I can find sustainable resource kind of people, any suggestions? Thanks again, Marey
 

HomeGuru

Senior Member
Re: thanks!

marey said:
Architect and zoning consultabt, sounds like quality, and probably worth it in the long run. I didn't know there was a such thing as a zoning consultant. Nice title, maybe I can find sustainable resource kind of people, any suggestions? Thanks again, Marey

**A: there are real estate attorneys that deal with land development and zoning issues such as zoning ajustments, variances, etc. These attorney's may have consultants that they use.
 
B

buzzards27

Guest
My advice would be to sketch out a plot plan of what you want to do and go down to the zoning/building department. Find out exactly what is permitted and what would need a variance. See if you could vary plan to suit zoning reg's. If not, then meet with each of the neighboring property owner to discuss your ideas. Make sure none of them are going to object to a variance request. Most variances that are denied are denied because of a neighbor's objections.

This might save you some time and money if you find a a lot of resistance to your plans. From there you can go to an attorney/ consultant with a better understanding of what you'll face.

Are there similar structures within the area? If so, talk to them and see what they went thru.

You might find from your investigation that this plan is never going to fly.
 

HomeGuru

Senior Member
buzzards27 said:
My advice would be to sketch out a plot plan of what you want to do and go down to the zoning/building department. Find out exactly what is permitted and what would need a variance. See if you could vary plan to suit zoning reg's. If not, then meet with each of the neighboring property owner to discuss your ideas. Make sure none of them are going to object to a variance request. Most variances that are denied are denied because of a neighbor's objections.

This might save you some time and money if you find a a lot of resistance to your plans. From there you can go to an attorney/ consultant with a better understanding of what you'll face.

Are there similar structures within the area? If so, talk to them and see what they went thru.

You might find from your investigation that this plan is never going to fly.

**A: mostly good advice from buzzard. In addition, review the applicable zoning ordinances. On the variance issue, in most cases where a variance application has been denied, it is denied due to the applicant not being able to prove hardship as defined in the zoning codes, and not because of neighbor objections. Although a huge neighbor contingent opposing the variance request is taken into consideration by the approval board.
 
B

buzzards27

Guest
Guru wrote; "**A: mostly good advice from buzzard. In addition, review the applicable zoning ordinances. On the variance issue, in most cases where a variance application has been denied, it is denied due to the applicant not being able to prove hardship as defined in the zoning codes, and not because of neighbor objections. Although a huge neighbor contingent opposing the variance request is taken into consideration by the approval board."

Good point. If you cannot show a practical difficulty or an unnecessary hardship you seldom get your variance. You do not get a variance because you want one, you get a variance because you cannot make good use of your property without the variance. Prepare your application carefully. Make sure you have everyone on your side.

I've been involved in about 24 variance applications and in most of these the hardship was presupposed by the BZA (the only denials I've seen were because of neighbors' strong objections). Most often getting a few feet on a setback or coverage percentage is not to difficult. What is hard is justifying something unique or unusual. Once you get something like that others may ask for the same thing ("he got his, I want mine") and BZA's don't like doing that.
 

jimmler

Member
A surveyor could do the plot plan drawing that would show the property, buildings, easements, sidewalk, edge of road, etc. to be submitted with the architecturals and an application form that is usually completed by a lawyer.

Of course an architect would have to do the architectural drawings!

Usually the surveyor works with the architect, engineer, lawyer and whoever else is involved with the project.


Surveyors do this type of work all the time. Talk to a couple of surveyors and find out if they have done this type of work in the past. Your attorney may be able to recommend one that they have worked with.

(edited to make more clear)
Julie
 
Last edited:

HomeGuru

Senior Member
jimmler said:
You could also consult a land surveyor, who would work with your attorney to produce the drawings needed to get a zoning variance, then a building permit.

Surveyors do this type of work all the time. Talk to a couple of surveyors and find out if they have done this type of work in the past. Your attorney may be able to recommend one that they have worked with.

Julie
**A: I have not heard of a land surveyor creating drawings for a glass sunporch, awnings, garage a part of retail gallery storefront theme etc. for a variance submission. Do these land surveyors also have a license to practice architecture and engineering?
 
M

marey

Guest
do you think if we were to build the store front behind the existing garage doors, we would still need a variance permit? or just a rezoning permit? This would also leave the space to to sidewalk about four and a half feet. We are trying to be as inexpencive as possible, thanks again, Marey
 

HomeGuru

Senior Member
marey said:
do you think if we were to build the store front behind the existing garage doors, we would still need a variance permit? or just a rezoning permit? This would also leave the space to to sidewalk about four and a half feet. We are trying to be as inexpencive as possible, thanks again, Marey
**A: sorry, I'm not a zoning consultant in Portland Oregon.
 
Last edited:
B

buzzards27

Guest
Rezoning and a variance are different procedures. Rezoning is a legislative action and it could take a long time. Unless you are almost surrounded by retail already you'll have a hard time changing to retail in a residential area.

Again, the first thing is go to the zoning/building dept. with your ideas/sketches to see what is permited and what isn't. Determine what obstacles you'll need to overcome and how you might have to change your plans. From there you should know what professional help you'll need to carry out your plans.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top