AgdaPkt 2000-02-28 - Laserfiche WebLink

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g~1 REPORT To the Honorable Mayor and City Council From the City Manager February 28, 2000 Subject Legal nonconforming and Illegal Second Units, Garage Conversions, Code Enforcement Approach and Administrative Citations (a companion report deals with legally created units). Recommendation Review, discuss and provide input regarding issues of Council concern. Background On January 10, 2000, the City Council requested a review of issues related to: 1. Second units created outside the accessory dwelling unit ordinance; 1 2. Garage conversions; 3. Code enforcement approach; and 4. Administrative citation process. In the following pages, each of the four issues numbered above is described relative to background, the current condition, issues to be considered and the approach of other cities. In context, the issues center around aesthetics and housing through second units. There is an inherent clash of values for both the Council and community. At issue is whether City staff should continue to enforce existing ordinances regarding parking requirements and building permits for accessory units and garage conversions. Issues 1. Legal nonconforming and Illegal Second Units a. Definition. Second Units which were created before the City's 1991 Accessory Dwelling Unit Ordinance may either be legal nonconforming or illegal. Second Units created since 1991 without approval under the ordinance are illegal. Legal nonconforming units are those created under City regulations (or in some cases County regulations) which allowed the unit at the time they were constructed, but which have become nonconforming by virtue of changes to public policy over time, specifically through the adoption of zoning regulations. Prior to the 1920's no formal zoning regulations existed. Regulations were adopted in 1925. Cottages on residential properties were common and generally permitted until the first uniform Zoning Regulations were adopted after World War II. These regulations reflected the suburban residential land use patterns of the time where one unit only was permitted per R-1 lot. The 1964 Zoning Regulations further reflected the residential building style at the time, with the continued restriction on second units and the requirement for two covered parking spaces for a single family residence. 1 The City Council directed staff to provide information regarding the extent of and issues concerning second units. In the companion report, specific amendments to the accessory dwelling unit ordinance are recommended by the Housing and Human Concerns Committee and the Planning Commission. These amendments apply only to legally created units since the 1991 adoption of the Accessory Dwelling Unit Ordinance. -1- '~'--------T ..