to suite or not to suite

[saskbrian]

My husband and I own 5 revenue properties and our own home. Due to the change in the real estate market, we are finding it difficult to purchase cash flowing properties.

One of our properties is a great cash flowing duplex with a detached garage. The basements are unfinished in the duplex. We have spoken to our city and their response is that if we were to finish the basements, we could not put suites in them. Our lawyer thinks we have a good argument because the building is strata titled. The zoning is R2. What do you think? Should we suite or not? I have a problem with non-conforming suites, but my husband says that he is okay with it because they neighbours are okay with it.......Beverley

 

[GarthChapman]

Different cities handle zoning violations very differently from one another, and re-zoning applications are not only different from city to city but also within areas of a city. So knowing the exact whereabouts of this property may help you get some insights from fellow forum members.

I don`t know what your lawyer is thinking about regarding how the individual title status relates to the zoning. I can`t think of how that could help you in making the proposed suites legal.

If you added the suites they would not be non-conforming - they would be illegal, unless you succeeded in getting the property re-zoned.

 

[Dan_Eisenhauer]

QUOTE (saskbrian @ Sep 5 2008, 01:09 PM) My husband and I own 5 revenue properties and our own home. Due to the change in the real estate market, we are finding it difficult to purchase cash flowing properties.

One of our properties is a great cash flowing duplex with a detached garage. The basements are unfinished in the duplex. We have spoken to our city and their response is that if we were to finish the basements, we could not put suites in them. Our lawyer thinks we have a good argument because the building is strata titled. The zoning is R2. What do you think? Should we suite or not? I have a problem with non-conforming suites, but my husband says that he is okay with it because they neighbours are okay with it.......Beverley

The point is that illegal basement suites are illegal. Even if every neighbour your husband has spoken to is in agreement, it may be the next who, who he did not speak to, who could be the fly in the ointment.

Many municipalities, Vancouver being one of them, close their eyes to "secondary suites". More often then not, the city only reacts if someone complains. If the city does come to investigate, they may make you take out and cap the kitchen sink, thereby preventing its use as a kitchen.

Your lawyer probably has a better handle on this than any of us would, as he is on site, with direct knowledge of the situation. What is going on with other "secondary suites" in your area? Are they becoming prevalent, or almost non-existant? (There are so many in Vancouver that the city decided a couple years ago not to enforce the bylaw opposed to them.)