HomeMy WebLinkAbout10112012 ZPC Agenda Item 2 AGENDA ITEM NUMBER 2
Preliminary Report
Zoning and Planning Commission 4743.t.;
September 13, 2012
Subject
Dwellings and structures that contain elements of a dwelling.
Background
Currently the definition of a single family district prohibits the existence of more than one dwelling plus
one accessory quarter on a building site within a Single Family Zoning District. This particular item (one
dwelling unit) was allowed for a time by being granted prior nonconforming (PNC) use, but by virtue of a
sunset clause,the second dwelling unit lost its status (PNC) in 1997. Effectively, all second dwellings on
a single building site are not conforming to the zoning regulations.
By definition, an accessory quarter is a dwelling, but is only allowed on the same building site with a
dwelling unit within a principle building used for residential purposes and contains no more than 600
square feet of gfa (non-garage space). Any detached garage or accessory structure containing an
accessory quarter is then nonconforming. Chapter 18 regulations prohibit the Building Official from
issuing any type of permit that would be an addition or remodeling permit. The zoning regulation
prohibits the expansion or increase of any nonconforming space.
Issues
The ZPC has met for several sessions and discussed changing the definition of a dwelling. What is
difficult to remember is that this definition was not written just as a prohibition against certain types of
construction, but to also establish minimum requirements for a dwelling. The problem is that the ZPC
sees the existing regulations as having the ability to over-regulate those spacious second story garages
or those outdoor living spaces that are intended to be extensions of the swimming pools or patios such
as summer kitchen areas or cabana type buildings. Although there is much merit in regulating these
uses, if the intention is to prohibit them outright, does that send the intended message for this
community, or would some type of classification system for the different types of structures be a better
workable solution?
Given the situation of the on street parking that council recently heard from residents regarding, our
intention is not to cause any more on street parking issues, but to work in a way to resolve this issue and
in some way help alleviate the issue.
Action
The commissioners and staff seek direction from City Council regarding appropriate action on this
subject, including the choice of approach. We look forward to discussing this topic in a workshop
session with City Council, if desired.
.'
Best Regards,
Steve Brown, Chair ZPC Bruce Frankel, Vice-Chair ZPC
Interim Report
Zoning and Planning Commission (ZPC)
October 11, 2012
Subject
Dwellings and structures that contain elements of a dwelling.
Background
Recently,the ZPC has been discussing possible clarifying changes to the Zoning Ordinance proposed by
staff. Perhaps the most important of these has to do with the requirement that within a Single Family
Zoning District a building site may contain only a single dwelling plus one accessory quarters (e.g., a
maid's quarters).
For a time following major changes to the Zoning Ordinance in the 1980's, a second dwelling unit was
allowed by being granted prior nonconforming(PNC) status. By virtue of a sunset clause,the second
dwelling unit lost its PNC status in 1997. Since then, all second dwellings (except accessory quarters) on
a single building site are effectively nonconforming to the zoning regulations.
Accessory quarters are a special case. By definition, accessory quarters are an allowed second dwelling,
but only if they are on the same building site with a dwelling unit within a principle building used for
residential purposes. Accessory quarters may contain no more than 600 square feet of gross floor area
(non-garage space). Any detached garage or accessory structure containing accessory quarters is,
therefore, nonconforming. West U ordinances offer no significant flexibility. Chapter 18 regulations
prohibit the Building Official from issuing any type of permit that would be an addition or remodeling
permit. The zoning regulations prohibit the expansion or increase of any nonconforming space.
Issues
The ZPC,s discussions of possible changes to the definitions of a dwelling and of accessory quarters have
been hampered by lack of a clear goal. What is important to remember is that these definitions were
not written just as a prohibition against certain types of construction, but also to establish minimum
requirements for a dwelling. The problem is that the ZPC sees the existing regulations as having the
ability to over-regulate spaces that single families might want to use for special purposes. Spacious
second story garages or outdoor living spaces that are intended to be extensions of swimming pools or
patios come to mind. Examples of uses might include summer kitchen areas or cabana type buildings.
Although there is much merit in regulating these uses, if the intention is to prohibit them outright, does
that send the intended message for this community, or would some type of classification system for the
different types of structures be a more workable solution?
To be clear,the ZPC supports limiting occupation of single-family building sites to single families. If
done carefully, granting these families greater flexibility in the use of their property need not open the
door to additional burdens on West U's infrastructure.
Action
Does West U want to continue with a narrowly stated definition of a dwelling as a guard against multi-
family occupation of single-family sites or do we want to allow broader flexibility for families to use their
homes. The commissioners and staff seek direction from City Council. We look forward to discussing
this topic in a workshop session with Council, if desired.
Best Regards,
Steve Brown, Chair ZPC Bruce Frankel, Vice-Chair ZPC
-Interim Report DRAFT FROM STEVE BROWN
Zoning and Planning Commission (ZPC)
October 11, 2012
Subject
Dwellings and structures that contain elements of a dwelling.
Background
Recently,the ZPC has been discussing possible clarifying changes to the Zoning Ordinance proposed by
staff. Perhaps the most important of these has to do with the requirement that within a Single Family
Zoning District a building site may contain only a single dwelling plus one accessory quarters (e.g., a
maid's quarters).
For a time following major changes to the Zoning Ordinance in the 1980's, a second dwelling unit was
allowed by being granted prior nonconforming (PNC) status. By virtue of a sunset clause,the second
dwelling unit lost its PNC status in 1997. Since then, all second dwellings (except accessory quarters) on
a single building site are effectively nonconforming to the zoning regulations.
Accessory quarters are a special case. By definition, accessory quarters are an allowed second dwelling,
but only if they are on the same building site with a dwelling unit within a principle building used for
residential purposes. Accessory quarters may contain no more than 600 square feet of gross floor area
(non-garage space). Any detached garage or accessory structure containing accessory quarters is,
therefore, nonconforming. West U ordinances offer no significant flexibility. Chapter 18 regulations
prohibit the Building Official from issuing any type of permit that would be an addition or remodeling
permit. The zoning regulations prohibit the expansion or increase of any nonconforming space.
Issues
The ZPC,s discussions of possible changes to the definitions of a dwelling and of accessory quarters have
been hampered by lack of a clear goal. What is important to remember is that these definitions were
not written just as a prohibition against certain types of construction, but also to establish minimum
requirements for a dwelling. The problem is that the ZPC sees the existing regulations as having the
ability to over-regulate spaces that single families might want to use for special purposes. Spacious
second story garages or outdoor living spaces that are intended to be extensions of swimming pools or
patios come to mind. Examples of uses might include summer kitchen areas or cabana type buildings.
Although there is much merit in regulating these uses, if the intention is to prohibit them outright, does
that send the intended message for this community, or would some type of classification system for the
different types of structures be a more workable solution?
To be clear,the ZPC supports limiting occupation of single-family building sites to single families. If
done carefully,granting these families greater flexibility in the use of their property need not open the
door to additional burdens on West U's infrastructure.
Action
Does West U want to continue with a narrowly stated definition of a dwelling as a guard against multi-
family occupation of single-family sites or do we want to allow broader flexibility for families to use their
homes. The commissioners and staff seek direction from City Council. We look forward to discussing
this topic in a workshop session with Council, if desired.
Best Regards,
Steve Brown, Chair ZPC Bruce Frankel, Vice-Chair ZPC