CCMIN 01192021 - Laserfiche WebLink

In response to Councilmember Balch's inquiry, Community Development Director Clark stated State law treats the conversion of existing space differently from additions or detached units. She stated if someone wished to convert an existing second story portion of their house to an ADU without changing the envelope of the building, the City would have little say. She noted the City does have discretion relative to additions and the current debate is over this type of ADUs. In response to Councilmember Balch's inquiry, Community Development Director Clark clarified the drafted proposal would allow for second-level additions. She requested clarity on whether Council is proposing modifying restrictions for attached ADUs, detached ADUs, or both. She noted these are allowed in the proposed ordinance but subject to certain design standards. In response to Mayor Brown's inquiry, City Attorney Sodergren confirmed staff could attempt to rewrite a recommendation merging the two competing motions. Because the amended motion had been changed, he confirmed Councilmember Arkin still stood by her second. Mayor Brown called for staff to craft something matching the Council's intent. She recessed the meeting at 9:54 p.m. and resumed the meeting at 10:04 p.m. Assistant City Manager Brian Dolan discussed second-story additions functioning as an ADU. He noted, in one circumstance it would be an addition to the house, and the City does not have to allow it if it exceeds 16 feet in height. He noted, in the other circumstance where it is detached and above an existing garage, the City also does not have to allow it if it exceeds 16 feet in height. He stated there is no design review authority over either under the new State law. Assistant City Manager Dolan stated the Council could prohibit ADUs on the second floor if it is an addition or prohibit them just above a detached unit. He noted attached ADUs are not as problematic because they are farther from the property line and end up as a part of the existing structure. In response to Mayor Brown's inquiries, Assistant City Manager Dolan confirmed if a house is expanded and later that expansion is converted into an ADU, the full review would have occurred at the time of the original expansion inclusive of matters such as matching exterior styles and window placements. Councilmember Balch expressed his belief the Council is going nowhere, and Mayor Brown lamented the Council is going backward instead of forwards. City Manager Nelson Fialho asked for clarification on the motion being considered stating his belief it is currently for the City Council to move staff's recommendation except second story attached and detached ADUs not be allowed City-wide. Councilmember Testa confirmed this is the correct amended version of her motion. Mayor Brown seconded this motion. In response to Councilmember Balch's inquiry, Assistant City Manager Dolan confirmed the Walnut Hills PUD would not have the rights to have 70% of the homes with ADUs over garages despite the approval it previously received. City Manager Fialho confirmed this would apply to any lots which have not already been completed with the current ADUs being grandfathered in. Councilmember Balch stated his belief what they are attempting to do will create further damage because of approved ADUs which have not yet been built. He also stated his understanding if the ADU exceeds State size standards, it reverts to the PMC which makes the original motion applicable. In response to Councilmember Testa's inquiry, Community Development Director Clark confirmed if the ADU is over 16 feet tall, the City does not have to allow it. She clarified, if they were allowed, the City could only apply a design standard review to them and not a full discretionary review. City Council Minutes Page 11 of 17 January 19, 2021