Are ADU applications the only option for basement kitchen?

[laurama...@gmail.com]

Hi all - 

I'm excited to find this group. I have a basement that already had a kitchen, living, bedroom and separate entrance when we bought the house. It was unpermitted / no Certificate of Occupancy. It's a single family home in zone R-2. 

We are now renovating other parts of the house and re-doing the back extension. We were not planning on modifying the basement but zoning rejected our permit based our existing basement kitchen and said we need to remove the stove or apply for accessory apartment. 

Are these really the only two options? 

If so, what expectations will zoning have for the 'apartment' to be completely separate from the rest of the house? I'm not planning on renting it for long term tenants - it is going to be used for in-laws and eventually I'm expecting my dad to live with us. I would rather not spend money to make it into a true separate unit but it'd be nice for him to have a kitchen down there.... 

Thanks for any advice!

Laura

[Ileana Schinder]

Hi Laura,

Welcome to the group! You will see that a lot of us are happy to exchange information and experiences about ADUs and other housing issues in the region.

Your case is pretty typical. The city does not want to see secondary kitchens or other features that may create illegal housing conditions. There are design solutions for your case that will allow your project to move forward. It has to do with including and excluding fixtures to convert the wet bar/kitchenette into a different use that complies with the current zoning code.

Let's do this, email me directly and I'm happy to schedule a time to talk and address your specific project issues.

Looking forward to hearing from you soon,

ileana

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[Cheryl Cort]

Laura - I put your question anonymously to Michael Brown, who runs the residential permitting center at DCRA. Here's his response - basically.

From Mike: 

Zoning uses covenants to allow second kitchens.  The covenant would state that they will not rent out the unit. Which zoning plan reviewer is making the comments below?

 

See my answers below in red.

(ME:) Michael- See quote below- I received 2 questions like this this week. 

 

Is there a way to treat a basement bedroom as a room in the house and permit a small kitchen that is safe? The owners want to use for a family member and do not want separate access but do want the ability to have separate cooking facilities as an option for the family member. [Brown, Michael (DCRA)]  “basement apartments or in-law suites” are allowed by the building code.  Zoning requires a covenant that the apartment will not be rented.

 

“… I have a basement that already had a kitchen, living, bedroom and separate entrance when we bought the house. It was unpermitted / no Certificate of Occupancy. It's a single family home in zone R-2. 

 

We are now renovating other parts of the house and re-doing the back extension. We were not planning on modifying the basement but zoning rejected our permit based our existing basement kitchen and said we need to remove the stove or apply for accessory apartment. [Brown, Michael (DCRA)]  1. If they want to rent out this basement apartment, that was built without a permit, they will need to submit a permit application to create the ADU or two-family flat with as-built drawings.  They will still be required to meet the building code requirements for fire separation, smoke alarms, exists, utility shut offs etc.  2. Or they can submit a covenant as outlined above. 

 

Are these really the only two options? 

 

If so, what expectations will zoning have for the 'apartment' to be completely separate from the rest of the house? I'm not planning on renting it for long term tenants - it is going to be used for in-laws and eventually I'm expecting my dad to live with us. I would rather not spend money to make it into a true separate unit but it'd be nice for him to have a kitchen down there....” [Brown, Michael (DCRA)]  see above for zoning.  I’m not sure what they mean by “true separate unit,” but the building code allows for as many kitchens as you wish. 

_____________________________ Cheryl Cort (she/her) Policy Director Coalition for Smarter Growth Mobile: 202-251-7516 (e) che...@smartergrowth.net | www.smartergrowth.net  Twitter @betterDCregion | @cherylcort Your gift helps keep CSG's advocacy going! Donate today! 2022 ULI Changemaker Award cfcgiving.opm.gov | CFC # 32340

On Fri, Oct 14, 2022 at 7:07 PM laurama...@gmail.com <laurama...@gmail.com> wrote:

[Andrew Tabler]

Laura - I think none of this would get in the way of you offering it as a Short Term Rental on Airbnb or other platform. It comes under the rubric of house sharing.  Happy to discuss with you If this is an option.

Andrew 

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[Brenda Pfeiffer]

Hello Cheryl,

Would you know where in the Zoning Regulations it states these extra kitchens are allowed in a Single Famiily Dwelling with the required Covenant?

Where would I find this Covenant Form for my client to sign? They too want to pursue this condition with a basement kitchen for family.

Thanks, 

Brenda Kuo Pfeiffer, Architect

Kuo Studios

On Mon, Oct 17, 2022 at 12:22 PM Cheryl Cort <che...@smartergrowth.net> wrote:

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[Ileana Schinder]

The covenant allows you to create an extra kitchen (or wet bar) but prevents you from renting it.

Here is the link. 

There is a series of overlapping zoning and building regulations that contradict themselves. My advice to clients is to file this covenant VERY carefully because it limits what you can do to your property even AFTER you sell it. Covenants are incorporated into the title. I'm always concerned what it means to a future buyer if your property has a covenant... will it make it less desirable?

From a design perspective, you can design a wet bar / laundry / etc that avoids all this paperwork and legalese.

Feel free to reach out privately and I'm happy to share details from projects that may help you make a decision,

ileana

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[Lorena Checa]

Brenda, see below where Mike Brown makes the distinction between Building code (allowing multiple kitchens) and zoning regulations (unless a separate living unit or ADU….you need to submit the covenant in order to have the second kitchen)…sounds like a promissory note of sorts confirming the space will not be rented…I have not seen a form for this but that does not mean it does not exist. If DOB cannot help, maybe  Real estate attorney could?

Lorena Checa AIA LEED AP

Principal Architect and Co-creator of Soulful Homes
202 299 0186  Direct/Office

202 390 9662  Mobile

CHECA Architects PC 

We were awarded a 2022 Best of Design Houzz award!

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[Lorena Checa]

Thanks Ileana!!!  Very helpful.

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[Ileana Schinder]

so here is my take when it comes to having a client commit to a wet bar covenant

• the covenant will go into the title of the property forever
• the covenant says the building (i.e.: the basement) will NEVER be use as a dwelling
• the covenant is not specific enough if you want to pull a business license to rent the bedroom in your basement (different from renting a bedroom upstairs)
• the covenant may reduce the price of the house because a potential buyer of the house may have to remove the covenant if they want to create an ADU at a later date

My take? do an interior renovation with enough flexibility that will allow a future occupant (tenant, sibling, etc) to use the basement as a semi-independent space with an uber-simplified wet bar (that's a design to it) that avoids ALL the paperwork but gives you the same features.

i hope this helps!

ileana

[Brenda Pfeiffer]

Thanks for this info Ileana! Good comments and suggestions.

Brenda

[Brenda Pfeiffer]

Lorena, 

Oh yes, thank you for pointing this out. 

So per SFD Building Codes they can have multiple kitchens, but per Zoning Codes they need to apply for the second kitchen with a Covenant.

To add to the complexity: Per Building and Zoning codes, if they are definitely planning to add a separate permitted ADU in the rear AND they want to have this in-law basement suite in the basement of the main house, do you have any reason for not being able to have 3 kitchens on the property SFD, R-1B if they apply for the basement kitchen Covenant?

Thanks for your feedback, yours too Ileana!

Brenda

[Erik Hoffland]

Brenda,

R-1B allows for up to 2 units on the property, not 3. If you have a backyard ADU, you cannot also apply to have a separate unit in the basement. But I know you're asking if, after the legal separate ADU, you can then get the covenant to allow construction of the basement kitchen for the very reason that you will NOT be renting it. It's a very interesting question. Zoning should allow it--but of course they are a mercurial bunch.

For the record, I am 100% in agreement with Ileana and always advise my clients against signing the Covenant; I would never want a document attached to my house that restricts its use beyond what is already in the general zoning code. 

Thank you,
Erik

Erik Hoffland

Hoffland Architects PLLC
1810 Kilbourne Place NW
Washington DC 20010
er...@erikhoffland.com
202.234.7795 office

202.320.8408 mobile

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[Brenda Pfeiffer]

Yes Erik, you got it! That is exactly my question.  I hear both you and Ileana on the caution of the Covenant. Makes good sense to stay clear of it. But curious if they could actually have 3 legal kitchens on a SFD R-1B ; and right, it may be hard to get a straight answer from Zoning. 

Thanks for chiming in with your thoughts!

Brenda

Kuo Studios

Sent from my iPhone

On Oct 17, 2022, at 4:24 PM, Erik Hoffland <er...@erikhoffland.com> wrote:



[Ileana Schinder, PLLC]

Mmmmmm 3 kitchens is a HUGE stretch. But it all depends how you do the kitchens, where you locate them and the equipment layout. We could email hypotheticals for hours but the best way to get what you need is to design it for your needs and for code compliance. Whether you call it a kitchen, a wer bar or a nice laundry… im sure an architect can figure it out. 

Ile

Pardon per le tpyo. Sent from a iphone.

On Oct 17, 2022, at 9:02 PM, Brenda Pfeiffer <kuopf...@gmail.com> wrote:

Yes Erik, you got it! That is exactly my question.  I hear both you and Ileana on the caution of the Covenant. Makes good sense to stay clear of it. But curious if they could actually have 3 legal kitchens on a SFD R-1B ; and right, it may be hard to get a straight answer from Zoning. 

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[Brenda Pfeiffer]

Great feed back Ileana and Erik!

Thanks, Brenda

Sent from my iPhone

On Oct 18, 2022, at 7:54 AM, Ileana Schinder, PLLC <i...@ileanaschinder.com> wrote:

Mmmmmm 3 kitchens is a HUGE stretch. But it all depends how you do the kitchens, where you locate them and the equipment layout. We could email hypotheticals for hours but the best way to get what you need is to design it for your needs and for code compliance. Whether you call it a kitchen, a wer bar or a nice laundry… im sure an architect can figure it out. 

[Jim P]

I need to complain about a problem with my Homestead application. 

Wrote successfully in the past to the Director of Tax and Revenue.  I believe it split into two , but I couldn't figure it out on the DC website, and so had no chance of finding their email address. .

Thanks,

Jim P

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