Buyers of house next door want to put in a beauty parlor

My parents live in a very nice, very quiet suburban development. Totally non-commercial. The next-door neighbor needs to sell their house - wife has cancer and husband wants to be moved out and in a retirement community - they're due there in November.

The elderly couple's real estate agent wants his daughter & her husband to buy the house. In order for the young couple to be able to afford it, she needs to get a license to have a beauty salon in the house. But the neighbor assures my parents that "she is only going to work on a few friends and family". Yeah - a few "friends and family" will help pay for a $450,000 house.

My parents are really upset - zoning permits one-person business that "do not substantially effect the non-commecial character of the neighborhood", and would require the couple to pave over a good part of their lawn to provide parking and a turn-around on their 1/2 acre lot. Plus my dad has emphyzema, and the beauty parlor would be venting perm and color fumes about 10 yards from their dining room window and patio. Plus it's a GODDAMNED RESIDENTIAL NEIGHBORHOOD where they've lived quietly for 40 years. There's no customer-based home businesses ANYWHERE in the neighborhood.

My dad and another neighbor are going to talk to someone in the township, but they're worried because the daughter's husband is pretty well-connected in the township, and my parents and the immediate neighbors are not.

The RE agent is a neighbor and member of my parent's parish, and my dad came to his rescue when he was fired from his job, suggesting he get his RE license and sending him customers until a few people complained that the guy was an unethical schmuck. So I wouldn't be surprised if he was scamming the old couple that needs to move out - maybe telling them their home won't sell in time unless his daughter buys it (houses in the neighborhood have been FLYING off the market - nothing decent stays for sale more than a few days).

My parents are planning on selling and moving away if this girl gets her way. They're really upset, and I don't know how to advise them.

they won't be able to do it.

Have them talk to another agent. There's no way this guy is adequately representing thier interests with his daughter as the buyer (a good businessperson would not mix family and business that way, it's too tempting to be unethical) and they are almost certainly being ripped off. Letting them know that the idea upsets thier neighbors couldn't hurt either- they may not realize the amount of disruption this could cause.

But
1) the old couple's daughter and the RE agent's other daughter are friends from way back

2) the old couple is almost hysterical about the thought that the house might not sell in time for them to get into the retirement community (my gut says that the RE agent is feeding this). They would rather take any deal that's guaranteed to get them out by November than chance that it might not sell.
I grew up next to these people for 15 years, and they don't deserve to be cheated when they're in such a situation. I'm also worried that the RE agent is talking them into taking a sellers note - in essence helping to finance his flakey daughter and her wacky husband ("oh, it will provide a annuity for you - where else could you get a return of X%")

3) sad to say, faced with cancer and imminent relocation, they couldn't care less about disrupting the neighborhood if they can get out while the gettin' is good.

Through formal channels. And as quickly as possible.

I think a lot of this situation depends on the size of the community your parents live in. I'm in a "city" of 3,500 people. My hairdresser has her shop in her home, and has to abide by regulations, inspections, and so on. She lives on the edge of town, and to my knowledge, has never disrupted the neighborhood. She can only take up to two customers at a time. It's an ideal situation for her, so she can keep an eye on the kids while she works.

Environmentally, I don't know. That may be a concern... but the shop should be adequately ventilated.

But perhaps the bigger question is the realtor himself, and wondering if he's forcing the sale for the sake of his daughter. If you know the neighbors well, you might want to casually ask if they've had others interested in the property. If not, then express your surprise since other homes have been "flying off the market."

No shops, no professional offices, nothing but split-level houses on 1/2 acre lawns. It would be a great set-up for the hairdresser, but lousy for the immediate neighbors, and would almost certainly have a negative impact on the house values right around her.

As far as adequate ventilation - it would be adequately ventilated --- right into my parents' dining room and back deck, which is a few yards from the area where she would be putting the shop.

I wish my dad would call the RE agent or talk to the neighbors, but that's up to him. I have suggested just what you recommend.

Thanks, Rev. Hope your life has been very UNeventful these past few weeks -you need uneventful.

Very nice, very quiet suburban developments often come chuck a bluck full of deed restrictions. Zoning, being a municpal issue, doesn't cover everything. Just because zoning allows one thing, deed restrictions (and the covenants and restrictions they are based on) might not. I'd be happy to help you look into it.

I know they aren't allowed to have a freaking FENCE unless they have an in-ground pool (which has actually been wonderful, and made the backyards look like).

I'll call my dad and have him check. I'm sure the young couple will try for an exemption, but it's good to know whether the deed restrictions might preclude it (and the fact that there hasn't been anything like this in the area for 40 years makes me suspect that it IS precluded).

Thanks for the offer, flvegan - I may take you up on it!

Seriously, if you need a little help, let me know. I think that this is your best route. Most places that demend fences with pools are also likely to want to limit traffic by keeping commercial operations out of the neighborhood.

without the neighbors' approval. In writing. Even if there aren't any, for some kinds of 'improvements' to the property an easement on zoning/construction codes is required and must be approved by others living in the same community.

A neighbor wanted to raise the roof of his house a few years ago and make a second story. We all got a notice saying that we needed to let the building commission know if we had objections.

This Real Estate Appraiser is saying contact your local Board of Realtors and the Attorney General's office. Even as an appraiser, if I were to find myself interested in a home that represented a business transaction, I would back out... That's what this agent should have done. He can lose his license. I say go for it.

Understand that they could apply for conditional use zoning. This is a catch all for something more than a single person doing books in their living room, versus constant traffic.

It would have to go through zoning....additionally, all the advice you have been given about deed restrictions are correct - they supersede zoning.

Deed restrictions for your particular subdivision should be on file at the county recorders office (or wherever your deed office is).

They would have to notify all neighbors touching the property of the a zoning hearing...this CANNOT legally be done on the hush hush.

Know your rights...can you tell me what state this is happening in? I can only give you what the rules and regs are for township zoning in Ohio.

I'm eager to see those deed restrictions - why else hasn't ANYONE opened any sort of business in 40 years?

yous as far as housing costs go) NO WAY would a business be allowed in a suburb such as yours through deed restrictions. Betcha you cannot park an RV, have a huge satellite dish, or certain types of fencing.

Lemme tell you, if there are no condos along with single family housing, this is not a PD, and there is no WAY a come and go business is allowed. Doing books over the computer, setting up appointments for accounting, etc, clients, probably all OK. Foot traffic business? Nope...

Find the deed restrictions. They would have to have the approval of a certain percent of your entire subdivision, AFTER the board of the homeowners approved it to go to a vote, before it could be changed.

If it is not specifically addressed in the deed restrictions, then it would be a zoning hearing, scheduled per adjoining property owner notification, as I stated.

I bet once your entire subdivision found out, if it went to Zoning, it would be pulled at once, cause once you let ONE in, you have to let every lawn care business, beauty salon, dog grooming, etc, come in.

As far as the agent making this a condition of the sale, in an area they KNOW this probably won't fly in, well, that may be a problem with their company policy.

The neighbors wanted a zoning variance for their
Country-Thyme Crafts & WOODWORKING biz in their
garage.

We told them we were sooooo glad they were paving the
way for home-based businesses in the neighborhood because
we had always wanted to start a group home for troubled youths.

We lied, but they gave up their quest to use power saws
all hours of the day & night.

but thanks for the suggestion!

and all that bullshit will waft into your houses and hurt you.

The increase in traffic and shit is probably negligable - at least, it wouldn't bother me, more than likely, unless she's some Christian righty fucknut with friends and customers who are the suck who all think that big hair and platinum highlights are the only appropriate option for the wives of Christian businessmen so that they don't look out of place when they go to the megachurch on Sunday or have their small group of like-minded materialistic object-obsessed faux-Christian fuckbags.

But if she has legitimate wealthy friends, the kind who understand civility and etiquette and don't try to make their every action "in accordance with Jesus" like bombing children or murdering doctors, you'll be fine.

Frosted hair/plainum highlights - absolutely yes!
Bouffant - No way! - we tend to opt for the blow-out in our neck of the woods...