Two story garage ADU

[cynthia...@hotmail.com]

I have a garage behind one of my rental properties in RF-1 that I want to use as my residence. I have safety concerns about parking in the street and walking through the alley at night to access the ADU. Is it possible to convert it to a two story (or even a 3 story) ADU, where I could park my car on the ground floor and have an apartment on the top floor(s)? Would current zoning regulations allow this?

Thanks,

Cynthia

[Ricardo James]

Morning Cynthia,

I don't know the answer to your question (I would say yes you can being that you're in a RF)  but I guess you're looking for something like this https://www.honomobo.com/us/ritchie-ho2

-Ricardo

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[Ricardo James]

or this one https://www.honomobo.com/ca/millcreek-ho3

[Ileana Schinder]

Hi Cynthia,

How are you? Adding a second story to an existing garage is perfectly feasible (if!) the existing structure of the building can support the removal of the existing roof and replacing it with a new floor AND roof. Also, many times the layout of the existing garage is not really conducive to create an apartment in that footprint. So, as an architect... my answer to your question is YES but:

• Is the existing structure strong enough to support another floor?
• Is the footprint ideal (or good enough) to create a dwelling on top?)
• Is the location of the building preferred?

Many times when you get 2 "no's" to the answers above, it's better to evaluate how to create an ADU and parking in the existing rear space. This is the type of conversation we have in an initial phone call with people interested in ADUs. Feel free to reach out to me directly and I'm happy to discuss specific details, challenges and potential ideas for your project. 

I hope these ideas help,

ileana

i...@ileanaschinder.com

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[Cynthia Hartley]

Thanks Ileana,

I will reach out in the coming weeks. I have a work deadline and then travel, but wanted to get the ball rolling by knowing if it was even possible.

Kindly

Cynthia

​

Cynthia Hartley
"Life is not a dress rehearsal."

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From: Ileana Schinder <i...@ileanaschinder.com>
Sent: Thursday, October 20, 2022 8:53 AM
To: Ricardo James <ricardo...@gmail.com>
Cc: cynthia...@hotmail.com <cynthia...@hotmail.com>; DC Accessory Apartments Forum <ad...@googlegroups.com>
Subject: Re: [DC Accessory Apartments Forum] Two story garage ADU

 

[Brandt Witt]

Hello, I also don't know the answer per se but the zoning handbook page for RF-1 says that ADUs are not permitted, but two dwelling units are, either in the principal structure or in the principal structure and an accessory structure. Given that the garage would be an accessory structure, this leads me to believe that it might be permitted :) It would have to be a full dwelling unit and not an ADU though, if I'm interpreting this correctly.

Best thing I think, aside from talking to an expert, is to find an example that exists and see if it was grandfathered in or done somewhat recently, then locate its permits online.

To view this discussion on the web visit https://groups.google.com/d/msgid/adudc/SN6PR02MB4493C76EA7DBD7DAA4945160D02A9%40SN6PR02MB4493.namprd02.prod.outlook.com.

[Rokas Reipa]

I replied to Cynthia privately already but I have such an ADU in Trinidad, which was built in 2016. Back then, it required a BZA variance but is now allowed by right. It is a 1.5 floor loft apartment built on top of an existing 22x26 cinderblock 2-car garage. 

Rokas

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[Ileana Schinder]

Ok, so here is where DC drives me NUTS.

The zoning code goes out of the way to differentiate R from RA from RF zones... we are cool with that.

BUT there are identical structures in all zones, for example townhouses. A lot of townhouses have (and plan to have basements). Legal basements converted into apartments are LEGAL.

So how did DC "solve" this? They call it "accessory apartment" in some zones and "additional dwelling unit" in other and "secondary unit" in others.

I do this for a living and can barely keep it straight. The most important thing for homeowners is that, if you have a basement, you can convert it into a legal apartment. If you have a garage, you can turn it into housing.

The architect and DCRA will figure out what to call it. 

Even if it's not allowable "by right", Board of Zoning Adjustment is VERY reasonable when it comes to approving projects that are "not allowed" in the zoning code. I've had projects approved for all kinds of reasons that would have not been allowed "by the book".

I hope this helps!

ileana

[Jeremy Davila]

Wow, Ilena.  Thank you for helping break that down; very insightful.    As a follow-up question - of those additional housing options do you know which ones are able to be rented without the owner living there?    

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[Ileana Schinder]

mmmmmm it's hard to tell how much (and how hard) DCRA will enforce rental for each type of unit. 

It's safe to assume that you will get ONE CofO and ONE rental license for property but this also opens the question of what is feasible when it comes to short-term (airbnb) vs long-term (typical) rental. 

Also, I know of some landlords that rent BOTH units to one tenant and allow them to sub-let the secondary unit (a pseudo-roommate situation when you have to show ONE tenant).

The conclusion is, because the rules try to organize the reality of housing and housing itself is complicated, there are options you can implement.

Feel free to give me a call if you are trying to figure out what type of project is right for you, I'm happy to share examples and details that may help.

All the best,

ileana

[JEAN POITEVIEN]

Hi Jeremy,

When a property is a multi-unit with a CofO (2 units or more), the owner is only required to live in the property and claim the Homestead Deduction, if they are applying for a short-term or vacation rental license. The owner is not required to live in the property on a regular long-term lease.

If the property has an ADU in an "R" zone, then the property does need to be owner occupied for short or long-term rentals.

If the owner of a property with an ADU will be renting the entire house on one lease (assuming the ADU is in the basement), then the stove will need to be removed from the ADU and there needs to be connecting (interior) stairs in order to pass the One Family Rental BBL inspection. 

I hope this info helps. Jean

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From: ad...@googlegroups.com <ad...@googlegroups.com> on behalf of Jeremy Davila <jdavi...@gmail.com>
Sent: Thursday, October 20, 2022 3:07:16 PM
To: Ileana Schinder <i...@ileanaschinder.com>
Cc: Rokas Reipa <rokas...@gmail.com>; Brandt Witt <bra...@brandtawitt.com>; Cynthia Hartley <cynthia...@hotmail.com>; Ricardo James <ricardo...@gmail.com>; DC Accessory Apartments Forum <ad...@googlegroups.com>

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