Building variance required?

[Sandmb22]

What is the name of your state? Ohio

Hello,

I live in a zoned residential neighborhood of Norwood, Ohio. Recently, I received a notice for a hearing regarding a building variance for the building next door. There is a potential renter who wants to renovate part of the building and add a real estate company.

When I purchased my home in 2015, the building was owned by a plumber. I was told that although we are in a residential area, our city's zoning board typically approves for businesses to be located in buildings on corners that were originally constructed as commercial buildings. In 2016, a different plumber purchased the building next door and has been running his business out of it. He also (sublets?) the building to other workmen, but I don’t know if they also have independent businesses or not.

I plan on attending the hearing for the new variance that would allow the real estate business. I understand how and why this process has unfolded. However, I would like to know why I was not notified when the building transferred ownership (and business names) in 2016. I did not know about variances then and did not understand the new owner might have had to seek approval. Am I assuming correctly that the plumber who purchased the building in 2016 should have be required to notify neighbors and seek a variance for the new business that he started operating from this building? Is this a talking point we could/should mention at the hearing for the variance that is currently being considered?

Thank you in advance for your time and help!

 

[adjusterjack]

Am I assuming correctly that the plumber who purchased the building in 2016 should have be required to notify neighbors and seek a variance for the new business that he started operating from this building?

I'm guessing here but I think a variance would be necessary if the use of the building changes from what has already been approved (or grandfathered).

One plumber bought the building from another plumber (yes?) so the use didn't change and I don't see any need for a variance or notification of neighbors.

 

[Sandmb22]

Thank so much for your time and help.
My concern is that the building was not owned by a plumbing business before 2016. It was owned by an individual. We were only verbally told by neighbors that "a plumber worked out of the building". I'm not certain how to find out if he had a legitimate approval to run his business from this building.

 

[LdiJ]

Thank so much for your time and help.
My concern is that the building was not owned by a plumbing business before 2016. It was owned by an individual. We were only verbally told by neighbors that "a plumber worked out of the building". I'm not certain how to find out if he had a legitimate approval to run his business from this building.

A plumber would not have done any work in the building nor would any of his customers come to the building. Any work that he would have done would have taken place at his customer's homes, not in the building. Many people who are plumbers would not necessarily have an office at all, they would operate out of their homes. Just like a construction worker who was an independent contractor or a consultant who was an independent contractor or anyone else that was an independent contractor.

Is that the case here? Does he live in the "building"?

 

[NeilTheCop]

Thank so much for your time and help.
My concern is that the building was not owned by a plumbing business before 2016. It was owned by an individual. We were only verbally told by neighbors that "a plumber worked out of the building". I'm not certain how to find out if he had a legitimate approval to run his business from this building.

You can check the requirements for a variance in your county as they tend to have slight differences county to county.
These are the regulations for Columbus Ohio as an example.
https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT33ZOCO_CH3307BOZOADAPVA_3307.08VAGE

 

[FlyingRon]

The first thing to do would be to have a sit down with the planning department or whatever your city has. Usually, they will have already researched the situation and issued a recommendation for the appeals board. You can usually get a lot of background that way. Then you may or may not wish to talk to an attorney for making your statement in opposition at their hearing.

 

[Sandmb22]

A plumber would not have done any work in the building nor would any of his customers come to the building. Any work that he would have done would have taken place at his customer's homes, not in the building. Many people who are plumbers would not necessarily have an office at all, they would operate out of their homes. Just like a construction worker who was an independent contractor or a consultant who was an independent contractor or anyone else that was an independent contractor.

Is that the case here? Does he live in the "building"?

Unfortunately, he doesn't live in the building next door.

 

[Sandmb22]

The first thing to do would be to have a sit down with the planning department or whatever your city has. Usually, they will have already researched the situation and issued a recommendation for the appeals board. You can usually get a lot of background that way. Then you may or may not wish to talk to an attorney for making your statement in opposition at their hearing.

Thank you! I just emailed the Building and Zoning department this morning to ask if they had issued a variance in the past for this building.

 

[Sandmb22]

You can check the requirements for a variance in your county as they tend to have slight differences county to county.
These are the regulations for Columbus Ohio as an example.
https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT33ZOCO_CH3307BOZOADAPVA_3307.08VAGE

Thank you! I just emailed the Building and Zoning department this morning to ask if they had issued a variance in the past for this building.

 

[LdiJ]

Thank you! I just emailed the Building and Zoning department this morning to ask if they had issued a variance in the past for this building.

What kind of building are you talking about? Is it a house, or some other type of building?

 

[Sandmb22]

What kind of building are you talking about? Is it a house, or some other type of building?

It's a building originally built as a commercial building, but it is in a zoned residential area.

 

[adjusterjack]

It's a building originally built as a commercial building, but it is in a zoned residential area.

Buildings originally built as a commercial buildings were zoned for commercial while the rest of the area was zoned for residential.

A commercially zoned building shouldn't need a variance or a permit for it's owner or occupant to use it commercially since it's already commercial.

Your comment:

There is a potential renter who wants to renovate part of the building and add a real estate company.

Seems to support my suggestion that the variance has to do with the renovation, rather than the occupancy.

You'll find out when you go to the hearing or get a response to your inquiry. Until then it's just speculation.