Project: Three family to four family use in Temple area with legalization of basement dwelling unit
Zoning classification: CMX-2
Seeking: 4 dwelling (multifamily) units including a basement unit
Our client came to us seeking help to clear a violation for a cease operations of a basement dwelling unit. The violation was a two-part violation: one part being that the property was only registered to operate as a triplex; and that additional unit was located in the basement.
For a dwelling unit to operate in the basement, it needs to be specified on the use registration permit since basement units have special code requirements regarding egress and light.
Since the property was only allowed to be operating as a triplex, we successfully acquired a use variance from the zoning board to allow for a four family dwelling.
It is important to note that our current zoning chair is strongly against basement dwelling units. How we successfully got this one passed was honestly a hail mary that ended in a miracle…. Backed by a really good zoning attorney.
Attorney we worked with: Jordan Rushie
October 24, 2017
Multifamily Use in CMX-2, Use Variance