CCMIN 01192021 - Laserfiche WebLink

Councilmember Balch stated his belief you can either have an all-out prohibition on a second floor ADU above a garage or you apply objective design use standards outlined by the Planning Commission, including opaque windows as an example. Mayor Brown discussed the adverse impacts ADUs can have on the property values of neighboring homes, including the possibility of the ADU obscuring a neighbor's view. She stated she could not support the second story ADUs for this reason. Councilmember Balch countered by stating home values can decrease if, citing Walnut Hills, your purchase included approval to add a future ADU which would now be prohibited. Councilmember Narum noted any Walnut Hills homebuyers did so knowing there was a possibility of an ADU being added above a neighbor's garage. Councilmember Arkin maintained her second to the amended motion. In response to Councilmember Balch's inquiry, Mayor Brown confirmed the current motion is to confirm staff's recommendation without second floor ADUs. City Attorney Sodergren added this would amend Councilmember Balch's main motion. City Manager Fialho stated his impression of Councilmember Testa having made a new motion which was further modified resulting in a motion to move staff recommendation except that second story attached and detached second units are not allowed City- wide. City Attorney Sodergren stated he took this as simply an amendment to Councilmember Balch's motion under Robert's Rules of Order. City Attorney Sodergren agreed with City Manager Fialho because Councilmember Balch did not accept the amendment. He clarified Councilmember Testa made a separate amending motion and the main motion will be voted on after this one. He added the Council needs to first vote on this amending motion to see if it is included in the main motion. In response to Councilmember Balch's inquiry, Assistant City Manager Dolan confirmed a vote for the amendment to the motion would remove the ability to build a second story ADU as approved by the City in 2012. In response to Mayor Brown's inquiry, Community Development Director Clark was not sure how many such units have been built since 2012. Councilmember Balch clarified the discussion is about the right to build in the future as granted by the City and not those units already built. Councilmember Testa stated her belief this point is irrelevant because so much is being changed by the State laws and her goal is to provide as much protection as possible for current neighborhoods as the City can maintain under the new State laws. Councilmember Balch stated this amendment tells the residents of Walnut Hills the valued right included in their PUD is being removed. Mayor Brown stated her disagreement. Councilmember Arkin clarified she is in favor of second story ADUs but disapproved of the removal of discretionary review by the new State laws. MOTION: It was m/s by Testa/Brown to amend the main motion to include second-story attached and detached accessory dwelling units are not allowed City-wide. Motion passed by the following vote: Ayes: Councilmembers Arkin, Narum, Testa, Mayor Brown Noes: Councilmember Balch Absent: None City Attorney Sodergren stated the previous vote was on Councilmember Testa's amendment to Councilmember Balch's motion. He confirmed Councilmember Balch did accept the amendment to his main motion, leading to the previous vote. The Council must now vote on Councilmember Balch's motion inclusive of Councilmember Testa's amendment. City Council Minutes Page 12 of 17 January 19, 2021