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Item No: 08C Meeting Date: August 14, 2023 MOUNDS, V1 Type of Business Council Business ---- - City Administrator Review City of Mounds view Staff Report To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: First Reading and Introduction to Ordinance 1004; Amending Mounds View City Code 160.088 related to Accessory Dwelling Units Introduction: An Accessory Dwelling Unit (ADU) is [a] dwelling unit that is located on the same lot as a single- family dwelling to which it is accessory to, and is internal or an addition onto the principal dwelling.' Off and on, Staff have received inquiries if detached ADU's are permitted (they are not). ADU's have been discussed throughout 2023, with direction by the Planning Commission to pursue an ordinance amendment. Discussion: In 2016, the City Code was amended to allow Internal ADU's as a permitted use, and to allow ADU's attached to a home as a Conditional Use (CUP) in Residential zones. The City Council's consensus was not to allow Detached ADU's. The assumption was that, although a detached ADU may be intended to be occupied by an aging parent, once no longer occupied by that person, the ADU was likely to become a rental unit, which the City Council did not desire. In 2016, there was considerable discussion2 regarding homesteading vs. rental, separate utilities vs shared utilities, parking, building height, and architectural similarities between home and ADU. The general intent was to allow ADU's as an option for residents to age in place, but to discourage homes and ADU's from both becoming rental properties, thereby creating a duplex -type use in a single-family zoning district. In practice, there has been interest from homeowners in ADU's for family members. These discussions have steered more towards home additions, in which the addition includes a bedroom, bathroom, kitchen, and living area, and its occupant has full access throughout the original home, and vice -versa (e.g. it is not an independent unit). Staff's interpretation is that this is a home addition, not an ADU. The deciding factor is that the home is occupied by one family,3 and cannot become a rental unit by itself. The 2016 amendment was requested by a Planning Commission member who was interested in a detached ADU above a detached garage (not permitted). In discussions, this proved to be cost prohibitive. The cost of a new garage with an ADU was similar to building a new home. It was more practical to move. City Code §160.012 (Definitions; Dwelling Unit, Accessory) Previous discussions: Planning Commission; June 1, 2016; July 6, 2016; July 20, 2016. City Council; May 9, 201Q August 1, 2016; August 8, 2016; August 22, 2016. City Code §160.012 (Definitions); FAMILY. One or more persons, each related to the other by blood, marriage or adoption, or a group of not more than four persons not all so related, together with their domestic servants or gratuitous guests, maintaining a common household and using common cooking and kitchen facilities. The rviuunus view visiun A Thriving Desirable Community