AgdaPkt 2000-10-16 - Laserfiche WebLink

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�� there are numerous accessory dwellings located in the rear portions of the lots, only 5 or 6 feet away from the rear property line. These buildings could not be made legal since they do not conform to the required 20 ft. rear yard setback for living units' To summarize, the following illegal units would not be eligible for the amnesty program as proposed: • illegal units closer than 20 ft. to the rear property line • illegal units that are on properties with very short driveways (since they will not be able to meet the parking requirements) • illegal units created from garage conversions whereby there is no other place for parking to satisfy the requirement for the main unit The purpose of the amnesty program is to allow property owners time and incentives to bring the buildings up to city codes without penalties. Bringing illegal units up to building codes for health and safety reasons may be a higher priority than meeting the required 20-ft. rear yard setback. If Council wishes to allow more illegal units to be eligible for the amnesty program, then it could undertake one of the following options (with the understanding that all the other requirements such as parking would still have to be met): • Change the rear yard setback for new and illeqal accessory dwelling units from 20 ft. to 6 ft. (thereby changing the required rear yard setback). The main advantage of this alternative is that more illegal units would be eligible for the amnesty program, and thus there is the potential for more units to meet health and safety codes. Also there would probably be more new accessory units created since smaller lots (with smaller rear yards) could now qualify. The total number of new accessory units per year may increase under this option from 10 —15 units to 20 — 25 units. However, smaller rear yards will mean less separation between these units and adjoining neighborhood homes. This could result in noise and view impacts. • Change the rear yard setback o� for existing, illega/ accessory dwelling units from 20 ft. to 6 ft. and thereby give these existing units an exemption to the rear yard setbacks. Again, the main advantage of this alternative is that more illegal units would be eligible for the amnesty program, and there is the potential for more units to be brought up to health and safety codes. However, a disadvantage is that the City is creating a double standard whereby new units have to meet the more restrictive rear yard setbacks (20-ft.) while the older, illegal units are exempt. Many other cities adopt this approach to address the health and safety standards of older units and hold new units to the higher standards. Also as mentioned above, smaller rear yards will mean structures will be closer to other neighboring structures, thereby possibly resulting in noise and view impacts. Alternatives 1) Adopt the proposed changes as recommended by the City Council on June 12, 2000. 2) Modify the recommendations as appropriate including changes to the rear yard setbacks for illegal accessory dwelling units. ; � �;v _ � :% C'tirn,n-�'C� - ____ ---�a� � Tom Passanisi Michael Church Ed Everett Principal Planner Planning and Redevelopment City Manager Attachments: 1) Ordinance 2) City Council Minutes dated June 12, 2000 _ 3) Staff report dated June 12, 2000 ' The rear yard setback used to be 6 ft. for main and accessory dwelling units. However, it was changed to 20 ft. in 1990.