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Planning 2020-02-27 ITEM 4 - STAFF REPORT - ACCESSORY DWELLING UNIT (ADU) REGULATIONS UPDATE
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2020-02-27 Planning Commission - 2020 Vice Chair / Accessory Dwelling Unit Regulations Update
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Planning 2020-02-27 ITEM 4 - STAFF REPORT - ACCESSORY DWELLING UNIT (ADU) REGULATIONS UPDATE
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02/27/20
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Page 2 <br />Issues that came to light as we started implementing the ADU amnesty program: <br />A. Zoning related issues: <br />• ADU vs main house size limitations: Many basement ADUs in one-story homes are the <br />same size as the main floor of the primary home, so it's difficult for them to meet the size <br />limit of 40% of the primary dwelling. Meeting this requirement either involves increasing <br />the size of the primary dwelling or reducing the size of the basement unit by making some <br />of the square footage unusable. <br />• Owner Occupancy requirement: Owner occupancy is hard to enforce and the property <br />owners that are currently renting out both units on a property did not want to apply under <br />the amnesty program if they had to meet the owner occupancy requirement. However, <br />units in these circumstances are discovered in the process of rental registration process. It <br />is difficult for the city's code enforcement team to do any enforcement if one of the units is <br />not occupied by the homeowner. <br />• Pre-existing duplexes: There are existing duplexes (both legal non -conforming and <br />illegal) in the LDR zone. No owner occupancy requirements apply to duplexes. Policy <br />direction is needed on how to enforce or legalize pre-existing duplexes. Additionally, one <br />application that was denied was for the property with a pre-existing duplex and a detached <br />ADU in the LDR zone. Ordinance 2581 allows a detached ADU on the same lot as the <br />primary single-family dwelling, but not if there is already a duplex on the lot. <br />• Amnesty: Few of the ADUs actually needed amnesty from the zoning requirements. Only <br />four of the 21 applications submitted needed amnesty, due to the ADU exceeding the <br />permitted area. Two of the detached ADUs were over 800 square feet (810 square feet; <br />1,000 square feet). Two attached ADUs had a basement size of the same size as the <br />primary dwelling unit (870 square feet; 1,000 square feet). <br />B. Construction related issues: <br />Units are difficult to inspect after the fact, especially elements that are covered up. <br />Life safety issues found so far during inspections have included repairing stairs, <br />handrails, and landings for staircases up to second story units; fixing decks; widening or <br />changing the height of rescue windows; adding smoke and/or carbon monoxide <br />detectors; proper installation of utilities; replacing unrated heating equipment; and <br />installation of fire walls between garages/workshops and ADUs. ADUs applying for <br />amnesty were not required to install fire suppression systems. <br />If major issues come up during inspection the homeowners are reluctant to complete and <br />go through the approval process. For example, if there are no windows in bedrooms, they <br />do not pass the initial inspection and have to make changes which many homeowners <br />are reluctant to complete. <br />C. Cost of obtaining approval: <br />ADUs located in the Valley View Sewer District must pay a General Facility Charge of <br />$3,226.00. Additionally, all ADUs constructed after Feb. 1, 1990 are subject to a King <br />County sewer capacity charge that is either a monthly charge of approximately $65 for 15 <br />years or a lump sum payment of approximately $10,000. Both attached and detached <br />ADUs are subject to these fees. <br />City of Tukwila impact fees (parks, fire and transportation) apply for detached ADUs but <br />not attached ADUs. Parks impact fees are $2,859; Fire impact fees are $1,790 (1,683 if <br />0 <br />
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