Friday, September 3, 2010

Secret Squirrel missions of a land use consultant


Having others ask the questions you’re afraid to

Some time ago a client wanted to find a new space for their professional business. They found a home that another business had been using for their office and purchased it. Sometime later, my client questioned whether it was legal for them to operate their business from there. They were afraid to go to the City and ask, for fear they’d be found in violation of City codes but wanted to better understand their situation.

They hired Outdoor Perspectives to quietly investigate the matter for them. We talked with the City and others without disclosing the business or its location, then related our findings back to the client. We discovered the following:

• The property was zoned to allow for professional and legal office space without exception, so they could operate their business on the site but were subject to commercial building codes

• The previous business was using it as a home based business (i.e. using it as their primary residence and their home office). Home based businesses are regulated differently than commercial office space.

• The building did not currently meet commercial building codes. As such, they were non-compliant and subject to a code enforcement action if the City found out and took action against them.

• To bring the office space into commercial building codes compliance, the client would need to:
o Get approval for a Change of Occupancy type from the City

o Bring the building up to commercial standards (i.e. ADA compliant, parking standards etc). Additionally, the improvements done to the structure of the building would need a permit from the City).

In the end, the Client learned how the previous business had been legally operating from the site. Second, they understood what they needed to do to bring their building into compliance. Finally, they had a good idea of what might happen if they choose to continue to operate out of compliance of the City code.

The client was relieved to better understand their situation so they could plan accordingly.

www.outdoor-perspectives.com

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