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Council directs staff to amend ADU rules to conform with state law and streamline approvals; owner‑occupancy requirement to be removed
Summary
Council voted 6–1 to direct staff to return with an ordinance updating accessory dwelling unit regulations: allow ADUs in all residential zones, make approvals administrative, remove deed‑restriction owner‑occupancy requirement, and align size and setback language with state law. Mayor Pro Tem Kavey voted no.
On April 15 the council directed staff to return with an ordinance amending Castle Rock’s accessory dwelling unit (ADU) regulations to align with state law and to streamline the local approval process.
Planner Tara Vargasch outlined staff’s proposed changes. Key elements presented: - Allow ADUs in all residential zones (remove an existing prohibition in one PD district). - Make ADU approvals administrative (the code originally allowed administrative approval but detached ADUs had been subject to use‑by‑special‑review); staff said the use‑by‑special‑review process has been time‑consuming for applicants and rarely produced changes. - Remove the recorded deed restriction and ongoing owner‑occupancy requirement; Vargasch said the 2024 state bill (cited in staff materials) prevents local rules that would effectively bar dual rentals after permitting and that the town can require owner occupancy only at the time of permitting but not enforce an ongoing occupancy requirement. - Align size and setback rules with state minimums: the state requires internal ADUs to be at least 750 square feet; Castle Rock’s existing detached footprint maximum of 800 square feet already exceeds that minimum. Setbacks for ADUs will follow accessory structure setbacks or be at least five feet where accessory setbacks are not defined.
Council discussion addressed enforcement practicality, the tradeoffs between property rights and neighborhood impacts, and short‑term rental enforcement. Staff said they will return with a draft ordinance and that they will also update council on short‑term rental information if council wants that context.
The motion to direct staff to prepare the ordinance passed 6–1 (Mayor Pro Tem Kavey voted no). The council asked staff to include options and background on short‑term rentals in the return packet.
Why it matters: the proposed changes would reduce the time and cost of obtaining ADU permits, bring the town into compliance with state law and remove a recorded deed restriction requirement; opponents on council expressed concerns about enforcement and neighborhood impacts.
