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We moved from Tennessee to Springfield, PA in 2011. We purchased our home that was priced $60,000.00 over comparable homes in the area. We paid the price because the property was what we considered unique. It included three lots and had a large detached garage that included an apartment in the garage.
The seller's disclosure stated that the apartment/garage was built in 1973 and that permits were obtained and final inspections were made. The township sent codes out days before closing to inspect the property and issue a Certificate of Use/Occupancy. This was to insure that there were no code violations in respect to the property. We obtained the certificate without any issues and closed on our home. We only bought the home because of this guest suite/apartment. All of our family lived out of state and we liked having the space for them to stay. In addition we had a college age daughter in Tennessee that would stay in it when she was on break from University. We had planned that she would go to graduate school in Philadelphia and move into the apartment while going to school here. Last year our daughter was in a car accident and passed away from her injuries. I was devastated and tremendous grief. I met a woman that needed a place to stay so that she could relocate to the area and find a job as a CNA. I allowed her to stay in the suite for a temporary time to get herself together. She came to stay the second week of December. In March she suffered a heart attack and passed away in our apartment. I had to call the 911 and deal with the first responders and police. This all happening within months of losing my daughter. The wife of the codes enforcement officer works at the township as emergency management. I assume she informed her husband that we had an apartment. We received a violation in the mail stating that we were not allowed to have our apartment as it violated zoning ordinance from 1983 to be single family dwelling.The violation notice stated that we had 20 days to remove all plumbing,electrical, and mechanics. I called the zoning officer to explain that the property should be grand-fathered as it was built in 1973. He stated that he did not care what I thought. I had my husband call him and he said he would investigate and get back to us. In the meantime I consulted and shopped for an attorney and contacted the seller to see if she could offer any helpful information. She sent me a very straight forward simple permit for a garage. and permits for plumbing and having the street opened for sewer. Thank God she never threw anything away. I forwarded this to the township and thought that this would finally put it to rest. Only to find that the zoning officer Bill Cervino, who is also the same officer to sign our Certificate of Use, says we are still in violation and have 20 days to tear everything out. I have an attorney and have to file an appeal and have a hearing to fight to keep my apartment. If I am forced to rip it out I will lose equity in my property and will owe more than I could sell it for and will have all my savings gone to attorney. We will be bankrupt! Is this normal?
Hi SouthernGirl -- First, very sorry to hear about your daughter. My heart breaks for you and your family.
About the apartment -- did the former owners rent it out or was it just for family? Where I live, I can get permits to outfit my garage as an apartment, but the zoning laws prohibit me from having a (paying) tenant. If there was grandfathering, that should be on the books somewhere. Are the township codes online?
Also, which Springfield Twp? There are several in this area -- Bucks, Montgomery, and Delaware Counties.
Keep us posted on how this works out for you -- you did the best thing by getting an attorney -- they can get extensions for you while this gets straightened out.
Sorry to hear about this tragic period of your life. Sounds like you "should" be grand-fathered, but nobody on this board is going to know more than your own attorney. Best of luck!
I have discovered that I certainly CANNOT under any circumstances rent my apartment. I was not aware of this when I purchased. However I am not asking to be allowed to rent it. I just want to be able to use it for my guest and family.
I was told by the officer that nobody could be allowed to "sleep" in it and sent a very generic letter telling me to rip everything out. Plumbing and electrical. Basically turning it to cold storage.
This is very confusing considering that I have a copy of a permits to allow plumbing and sewer to be installed over 40 years ago from the township.
The whole garage has its own water/sewer and electric.
The seller informed me that when she built the apartment, the township told her she had three options to be in compliance with them. 1. get a variance 2. separate the lots or 3. attached the garage to the home.
So they opted to add a breezeway. After construction, the seller's Mother lived in the apartment and afterwards her Husband lived in the suite.
The permit to build the garage does not state that it was also an apartment, but keep in mind that this is from 1973. I am not sure if the township had too many ordinances and by-laws then.
It feels like I am being railroaded.. I am considering foreclosure if I am forced to rip it out.
I cannot live in a community that would impose such drastic and economic strain to it's citizens. We are good people with small children who are good kids. We take care of the property and do not bother anyone. We are just registered democrats in a very republican township.
I have discovered that I certainly CANNOT under any circumstances rent my apartment. I was not aware of this when I purchased. However I am not asking to be allowed to rent it. I just want to be able to use it for my guest and family.
I was told by the officer that nobody could be allowed to "sleep" in it and sent a very generic letter telling me to rip everything out. Plumbing and electrical. Basically turning it to cold storage.
This is very confusing considering that I have a copy of a permits to allow plumbing and sewer to be installed over 40 years ago from the township.
The whole garage has its own water/sewer and electric.
The seller informed me that when she built the apartment, the township told her she had three options to be in compliance with them. 1. get a variance 2. separate the lots or 3. attached the garage to the home.
So they opted to add a breezeway. After construction, the seller's Mother lived in the apartment and afterwards her Husband lived in the suite.
The permit to build the garage does not state that it was also an apartment, but keep in mind that this is from 1973. I am not sure if the township had too many ordinances and by-laws then.
It feels like I am being railroaded.. I am considering foreclosure if I am forced to rip it out.
I cannot live in a community that would impose such drastic and economic strain to it's citizens. We are good people with small children who are good kids. We take care of the property and do not bother anyone. We are just registered democrats in a very republican township.
haha oh man. I gotta hand it to you for taking my suggestion to heart. I agree with others that you should use legal counsel. I'm sorry I can't help you more with your problem but best of luck with your trouble.
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