Two Story House Definitions

Started by RichardB37 • 9 replies • 623 views

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RichardB37 (South Carolina)
Posts: 29

Posted:

Our HOA has a described maximum house build as a single residence two story house. A new lot buyer has proposed an elevated drive under and two living floors above. In my mind, this is three stories. I reference a Maryland document that clearly describes the basement as a story if more than 50% of the vertical height of the basement area is above grade. Else, it is a cellar and not a story.

What experience do Forum users have with this? This HOA is in SC where there are no basements.

AugustinD
Posts: 5,144

Posted:

If push comes to shove, this member with two levels above his garage will argue what he wants in court. But I think a court would agree with you. Dictionary definitions are on your side as well. E.g. https://www.merriam-webster.com/dictionary/story (scroll down for the building definition). I say he is proposing a three-story residence, and the covenants prohibit this.

RichardB37 (South Carolina)
Posts: 29

Posted:

So... I just had a discussion of what a story is at our local Planning office. One of the Planners was able to present me with a freshly adopted definition less than six months old. There must have been other controversy. The lowest level being the drive under garage is specifically included in the definition of a story. The owner plan for the house is a three story. I hope other HOA officers out there have as good a Town Planning relationship as we have here. Thanks for your feedback.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By RichardB37 on 08/14/2018 5:19 AM
There must have been other controversy.

There's always controversey. Glad you were able to get some timely and friendly help. The people who work for my county, including the planning commission, are also very approachable, friendly and easy to work with. Glad you got what you needed without too much hassle. I cherish even the simplest of victories when things go right for a change.

PaaN
Posts: 219

Posted:

Quote:

Posted By RichardB37 on 08/14/2018 5:19 AM
So... I just had a discussion of what a story is at our local Planning office. One of the Planners was able to present me with a freshly adopted definition less than six months old. There must have been other controversy. The lowest level being the drive under garage is specifically included in the definition of a story. The owner plan for the house is a three story. I hope other HOA officers out there have as good a Town Planning relationship as we have here. Thanks for your feedback.

I live near the coast in Horry County. Some areas REQUIRE the house to be 'lifted' above flood level.

Sooooooo, a ONE or TWO (or more) story 'lifted' house in said area WILL have driveway and parking underneath.

Sorry for the POTENTIAL bad news, but, the answer to the OP's question becomes a LOCAL, and possibly tricky, legal issue involving THEIR LOCAL planning commission.

RichardB37 (South Carolina)
Posts: 29

Posted:

Agree absolutely with your post. The elevation must comply with local building codes, and Base Flod Elevation (BFE). In this case, the first living level must be 14' above sea level. The lot existing grade is already approximately +10 feet. The elevated design is not required. The issue with the current design is a discussion of two story versus three story. The Town specifically identifies a parking level beneath an elevated home as the first story. Our neighborhood Covenants and Restrictions limit house designs in this section to no more than two stories. That is the basis for the original question. Thanks

PaaN
Posts: 219

Posted:

YOU have a 'handle' on the situation.

YOUR AHJ has defined 'story'.

Your HOA is correct in the three story denial.

ps. AHJ = authority having jurisdiction

PaaN
Posts: 219

Posted:

Devil's Advocate argument:

A 2 story house on 'stilts' above a parking level remains a 2 story house but the entire 'assembly' becomes a 3 level structure.

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By RichardB37 on 08/16/2018 8:23 AM
Agree absolutely with your post. The elevation must comply with local building codes, and Base Flod Elevation (BFE). In this case, the first living level must be 14' above sea level. The lot existing grade is already approximately +10 feet. The elevated design is not required. The issue with the current design is a discussion of two story versus three story. The Town specifically identifies a parking level beneath an elevated home as the first story. Our neighborhood Covenants and Restrictions limit house designs in this section to no more than two stories. That is the basis for the original question. Thanks

I would argue that that a two story house means livable space. A house with only one story of livable area would not be considered a two story home, even if there's a garage level.
If it were me, I'd fight the HOA and town on this one if it was important enough to me.

And since the sq ft of a garage is not included in the home, then it can't be included as part of a livable space which I have no doubt your covenant meant by limiting it to two stories. Betting a judge with common sense would agree.

PaaN
Posts: 219

Posted:

logical

let the attorneys begin the orders for their new Class Es

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