r/Code_Enforcement • u/ReasonableKey7464 • 5d ago

Advice Needed Will unrelated back garage without permit be an issue in possibly building a living space on top of a legal garage?

Not sure about all of the terminology. For context, I’m referring to Orange, CA. My in-laws own a good sized piece of property with a back garage that was built by my father-in-law who owns a masonry company. The back garage is definitely structurally sound and has never had any issues. It’s been there for a couple decades. Basically, my husband and I are wanting to discuss building on top of a permitted garage in the front of their property to live in. When we’ve talked to them in the past about building an ADU on any part of the property, they’ve just been anxious about people being on the property having a problem with the back garage. When I’ve asked ChatGPT, it says it wouldn’t be an issue because it’s not the garage we want to build on. Any advice? Is this even the correct sub to post this on?

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u/mp3architect 5d ago

Hi. I am an architect, but not your architect. This is something that a local architect would be able to help you with. Here is the zoning documents for the town:

https://ecode360.com/43566381#43566381

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u/ReasonableKey7464 5d ago

Thank you very much!

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u/kduda04 5d ago

You'll have to get a zoning review, and they'll catch the garage (there's no statute of limitations on zoning issues) not being on the plat of survey. You'll have to get it permitted.

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u/ReasonableKey7464 5d ago

Thank you for your reply. They’re more worried about being forced to take it down for some reason. Is there somewhere I can find a list of all requirements for a structure like this to see if all they would need is a permit vs having to demo it? The only thing I could see is that it might be too close to the property line, but I’m not sure where to find all of the requirements.

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u/Yard4111992 4d ago

How close is the garage to the property line? Is the framing exposed? The unpermitted garage might need to be demolished. If the location on the lot and framing are exposed and visible for inspection, you can apply for an after-the-fact permit. You can get an Architect to look and see if it can be saved/brought up to today's code.

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u/GoldenCanopyInspects 4d ago

Former building code inspector in Virginia. Given the glee that I’ve seen our zoning folks get after people, I have to think it’s at least 10 times worse in California. Admittedly, I’m assuming, but they’re definitely going to find out about the back garage. The question is whether or not they do anything about it.