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L17-0067 ADU Regulation Update <br />Page 5 <br />• For a period of 1 year from the date of adoption of the code updates existing ADUs that do <br />not meet the new code standards may request flexibility from the Director for the <br />following: <br />a. Exceeding the permitted height for a detached ADU <br />b. Exceeding the permitted area for an attached or detached ADU <br />c. Not providing a second parking space for an ADU over 600 sf in area <br />d. Roof pitch of less than 5:12 <br />e. Location of the ADU on the lot. <br />• We would not offer flexibility on owner occupancy, providing at least 1 parking space per <br />ADU, or meeting the 6,500 SF minimum lot size. <br />Alternatives: <br />A. Do not offer an amnesty, enforce all code requirements as we become aware of illegal <br />ADUs, Or <br />B. Limit flexibility to more/fewer standards <br />7. Do not create a residential occupancy limit in the Zoning Code <br />Seattle and SeaTac limit the number of residents per ADU. Tukwila's Zoning Code does not <br />currently define what constitutes a family or limit the number of individuals who may live <br />together in a dwelling. These types of regulations were removed from Tukwila's code because <br />they can be challenged under the Fair Housing Act as discriminatory, especially against families <br />with children. The International Building Code (IBC) Table 1004.1.2 sets a residential occupancy <br />load of 200 square feet per person. This is based on life safety standards and therefore less <br />susceptible to challenge than standards such as two people per bedroom. <br />• Continue to enforce the IBC but do not create a Zoning Code standard for residential <br />occupancy. <br />Alternative: <br />A. Consult with the City Attorney about what other types of occupancy limitations are <br />legally enforceable <br />Request <br />Hold the public hearing on the proposed changes, review each proposed change, and choose a policy <br />option. Staff will return with an ordinance for the PC to approve and forward to the City Council. <br />W:A@SHAREPOINT FOLDER RESTRUCTURE\Code Updates\Code Amendments\ADU Proposal\PC Staff Report 10-26-17.docx <br />13 <br />