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Planning board approves ADU variance at 841 NE 123rd Street for elderly-family accommodation
Summary
The board approved a variance to allow a detached accessory dwelling unit (ADU) on a lot smaller than the code minimum so the applicant can house elderly parents near family. Approval includes ADU ordinance restrictions and staff conditions.
The Planning & Zoning Board approved a variance to permit a detached accessory dwelling unit (ADU) on a lot smaller than the city’s 12,500-square-foot minimum at 841 NE 123rd Street, granting the property owners permission to build a standalone ADU designed for aging-in-place features.
Staff told the board the property is 10,566–10,843 square feet (different records cited both figures) and that the R-2 zoning district’s density formula effectively limits many smaller lots to only one permitted dwelling unit; staff recommended denial because the applicant met only one of the six variance criteria. Planners warned the board that approving the variance would create a lawful nonconforming situation and that the standard minimum-lot-size rule exists so the city can cap density in single-family neighborhoods.
The applicants, Mario and Nanny Barajas, said the ADU is intended specifically for the owner’s elderly parents and will incorporate universal-design elements — a step-free entrance, wider doorways and a zero-threshold shower. Mario Barajas told the board: “We're seeking this variance so that my elderly parents, specifically my 81 year old father, can live in a safe, accessible space close to family.” The applicants submitted three letters of support, including two neighbors and a letter from Councilwoman Cassandra Timothy.
Board members discussed precedent, lot-size history and the ADU ordinance’s rental limits. Several members said the neighborhood’s rear lots already abut multifamily zoning and that the proposed structure would be compatible with surrounding uses. During deliberations the board agreed on standard ADU conditions and the requirement to record any deed restriction required by the ADU ordinance. Board members also discussed whether to add an extra condition limiting occupancy to family members; after legal review, the board accepted staff’s advice that the ADU ordinance already includes occupant and rental limitations (including six-month minimum rental terms if rented) and moved forward with the staff-recommended conditions.
A motion to approve the variance with staff conditions passed unanimously; staff will require deed restrictions and compliance with ADU standards (dimension, parking, and occupant restrictions) prior to final permits.
