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Old 01-28-2012, 07:54 PM   #1
Abenadi J Richards
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Zoning Laws help

Okay so I have this "friend" that is opening a CrossFit gym in a location that is L1 zoning and dose not allow CrossFit type businesses. So my "friend" is thinking that he will move in anyway with a clause in the lease that permits him to leave without penalty if the city decides to boot him. Any advice that I may give him frome someone who may have been in the same situation?
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Old 01-28-2012, 09:00 PM   #2
Katherine Derbyshire
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Re: Zoning Laws help

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Originally Posted by Abenadi J Richards View Post
Okay so I have this "friend" that is opening a CrossFit gym in a location that is L1 zoning and dose not allow CrossFit type businesses. So my "friend" is thinking that he will move in anyway with a clause in the lease that permits him to leave without penalty if the city decides to boot him. Any advice that I may give him frome someone who may have been in the same situation?
I think the landlord would be an idiot to agree to such a clause.

Also, moving isn't free. The costs of finding and building out the new space and lost business during the move could easily overwhelm any losses on the lease itself.

Katherine
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Old 01-29-2012, 05:31 AM   #3
Brian Strump
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Re: Zoning Laws help

Advice? Find another space. The inconvenience of moving is not what you want to do, and the time between finding new spaces is not what you or your members want to deal with.

It's not like the city is going to come in and say, "take your time, find another space and move". It'll be more like, "this is against the law, you have 60 days to get out. Go!".

Why willingly start out behind the 8 ball like that?
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Old 01-29-2012, 07:18 AM   #4
Abenadi J Richards
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Re: Zoning Laws help

I was leaning that way but wasant sure if anybody had ideas on how to get around the zoning so well be in our garage for a little while longer! Thank you all for your input.
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Old 01-29-2012, 07:22 AM   #5
Abenadi J Richards
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Re: Zoning Laws help

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Originally Posted by Katherine Derbyshire View Post
I think the landlord would be an idiot to agree to such a clause.
By the way it was the landlords idea and was already written in the agreement. Sort of a red flag I guess.
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Old 01-29-2012, 07:30 AM   #6
Brian Strump
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Re: Zoning Laws help

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By the way it was the landlords idea and was already written in the agreement. Sort of a red flag I guess.
Some money is better than no money for the landlord, and he has no expenses if you need to move.
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Old 01-29-2012, 10:37 AM   #7
Katherine Derbyshire
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Re: Zoning Laws help

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By the way it was the landlords idea and was already written in the agreement. Sort of a red flag I guess.
"I'm having trouble renting the space right now, but I'll rat you out to the city if a better tenant comes along."

Yes, I'm cynical about landlords.

Katherine
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Old 01-29-2012, 02:54 PM   #8
Jeff Stanek
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Re: Zoning Laws help

All it takes is one angry neighbor to make a phone call, and he's got problems on his hands.


Why not just find the right place? Is it really a "perfect" spot?
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Old 01-29-2012, 07:43 PM   #9
Abenadi J Richards
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Re: Zoning Laws help

It really is the perfect place but not worth the headaches so we are looking for another perfect place!
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Old 01-29-2012, 11:57 PM   #10
Shawn Torres
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Re: Zoning Laws help

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It really is the perfect place but not worth the headaches so we are looking for another perfect place!
If it really is that perfect place then you may want to go to city planning and apply for a permit that allows for a non-conforming use. There will be a application fee that varies by city. For "gyms" the planning commission will be concerned about parking and how the "gym" will impact the area as a whole. You should do that first before signing any lease. Just be grateful the landlord didn't allow you to move in without disclosing the zoning issue. Good luck.
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