BCAB #1228 - Definition of Single Family Dwelling: Servant's Quarters
December 18, 1990
Re: Definition of Single Family Dwelling: Servant's Quarters
A three storey house with servant quarters on the lower floor.
Reason for Appeal
The building has been classed as a two family dwelling by the building official and this creates problems with the spatial separation requirements of Article 126.96.36.199.
The appellant contends that the maid is not a tenant and, therefore, the building is not a two family dwelling.
Building Official's Position
The building official maintains that the maid's quarters conform to the definition of dwelling unit. Therefore, the building contains two dwellings, one above the other, and must be considered a two family dwelling.
Appeal Board Decision #1228
The Board does not consider the servant quarters to constitute a suite as defined in the Code because it would not be under a separate tenancy. If it is not a suite it cannot be a dwelling unit because dwelling unit is defined, in part, as being a suite. Therefore, this building should be classed as a single family dwelling.
George R. Humphrey, Chair