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Hello all - new to the site. I am in contract to purchase a home in Brookhaven and the second story addition was built 1 foot over the footprint of the home on the right side of the house. Im sure the house was built when the setbacks were smaller because it is about 15 ft from the side property line and the current side yard setbacks are 25 ft. The seller is going for a c/o for the second story addition (built over the garage) which, again, extends over the side of the house by 1 foot. My question to anyone with knowledge of the situation is this: will he need a variance to get the c/o? Also - what about closing now and leaving some money in escrow? Can the town come and make me rip the addition down? Thanks to everyone in advance. (also worth noting, the addition was built around 20 years ago).
There was no C/O for the 2nd floor addition at all? If it's an entire 2nd floor, I'd first wonder if things were built to code (safety). Beams on the first floor would need to support the weight, etc. but I guess it has stood fine for 20 years. If you're already in contract, you likely have had a home inspection too.
Anyway, it matters most when it was built and what the setback rules were then. They aren't going to make you tear it down, but a variance is likely. BTW, we also cantilevered, but in the rear of the structure which has no setback ramifications. Both sides of the new 2nd floor had to be less wide due to the new setback rules - didn't want to deal with a variance and hold construction.
Many would advise against closing on a house with an outstanding C/O (especially an important one), even if money is left in escrow. Money isn't going to solve your headaches - not sure how Town of Brookhaven works, but the process MAY drag on for months here.
There was no C/O for the 2nd floor addition at all? If it's an entire 2nd floor, I'd first wonder if things were built to code (safety). Beams on the first floor would need to support the weight, etc. but I guess it has stood fine for 20 years. If you're already in contract, you likely have had a home inspection too.
Anyway, it matters most when it was built and what the setback rules were then. They aren't going to make you tear it down, but a variance is likely. BTW, we also cantilevered, but in the rear of the structure which has no setback ramifications. Both sides of the new 2nd floor had to be less wide due to the new setback rules - didn't want to deal with a variance and hold construction.
Many would advise against closing on a house with an outstanding C/O (especially an important one), even if money is left in escrow. Money isn't going to solve your headaches - not sure how Town of Brookhaven works, but the process MAY drag on for months here.
Thank you for the reply. Sorry I didn't clarify - there is a c/o for +/- 80% of the structure... the whole first floor with attached garage and about 30% of the second floor. Basically it was originally a flat roof over the garage that they built an addition over.
My thought was that we could close and leave money in escrow and still keep the responsibility of getting the c/o or variance - whatever it may be, with the seller (as well as any possible violation fees if they arise). Then if they are unable to deliver the c/o we keep the money and deal with it. - It would have to be enough money to make it worth our while. Still unadvisable?
Are you paying cash? I doubt your bank will let you close with such a huge thing hanging over the house. Our buyers tried that - well qualified buyers putting 30% down and the bank said "no closing without CO". Add in the fact that you will probably need a variance because of the setback issue and I doubt they'll go for it.
Town of Brookhaven is strange. I watch the zoning boards meetings on tv sometimes and they let really weird, nonconforming things pass all the time after they are built.
I've noticed people in my neighborhood with stuff they built without permits still managing to sell when they want to because they get it approved years later.
It might make more sense for you to pay an expeditor to get it done quicky rather than going the escrow route.
Town of Brookhaven is strange. I watch the zoning boards meetings on tv sometimes and they let really weird, nonconforming things pass all the time after they are built.
I've noticed people in my neighborhood with stuff they built without permits still managing to sell when they want to because they get it approved years later.
It might make more sense for you to pay an expeditor to get it done quicky rather than going the escrow route.
Thanks for the reply. Actually, the seller has enlisted the services of an expeditor. Does anyone have an idea on how long something like this will take with an expeditor?
anyone have an estimate for a c/o with a variance using an expeditor in brookhaven?
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