Zoning district that permits it by right, or a better building where you need a special exception
I've spent enough time in zoning files to know the difference between a use that's allowed and a use that's allowed after a hearing, and I'm now sitting between two boarding house options that split exactly on that line.
Option one is in a district where rooming houses are a permitted use by right, subject to license and inspection. The building is a tired 1920s frame house, 8 bedrooms, knob and tube in half of it, one bath per floor. Code work is real and I'd guess 70 to 110k depending on how the sprinkler threshold reads in that jurisdiction, which is a plan reviewer question and varies by state and city.
Option two is a masonry building, already has 6 baths, 11 rooms, wide stairs, and the seller has a set of drawings from an earlier attempt. The use requires a special exception in that district. There are four single family blocks on three sides of it and I've watched hearings die in that room over less.
By-right removes the community risk entirely and puts all the risk in construction, which I can at least bid. The special exception puts the risk in a room full of neighbors, which I cannot bid, but if it clears, I own a much better asset with lower long-term maintenance and a bath ratio that holds tenancy.
Deposit at risk on option two would be about 18k in soft costs before I know anything.
Which risk would you rather carry?
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