I am trying to turn my "legal non-conforming garage," back to original condition. Right now its in poor shape, missing the top, front door, and failing concrete walls. It is built on a zero setback. They are letting me apply for a variance, but is no guarantee, even with $2500. I really would like to use it as storage, than a garage. Its only 16' deep. Anyone have any advice on how to win them over??
You need to demonstrate that the removed/deteriorating portions constitute less than 50% of the structure and if that is the case you have a legal right to repair and continue the use. Your C of A application is then one of clearing title only. All said on the presumption that at least 50% of the original structure exists.
As Marvel posts; whether it is a repair(which is perfectly ok) or not depends on the value of the work. Your description of the structure's condition sounds like it is going to exceed the limits for a repair, so you will have to try for the variance to demolish and rebuild. Always best to visit with the neighbors within the affected zone first, it is a lot easier to get them on your side ahead of time by explaining your intentions and getting them to understand why you feel you need the variance.
Don't advertise the fact that the walls are failing. The foundation (whether it has a foundation or not is immaterial) is worth a lot. I would put a new door in it and do whatever you need to do to renovate it without a variance. The power lines and gas line, etc. are also in good shape and add value. The ceiling joists are in good shape. It really just needs some shingles, the more I think about it.
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