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Council delays changes to accessory-structure rules after residents raise ADU, zoning concerns
Summary
After public comment raising concerns that a proposed increase in accessory structure size could enable multifamily uses in single-family zones, the Kirkwood City Council did not advance first reading approval of Bill 11067 on accessory-structure standards.
The Kirkwood City Council declined to approve first reading of Bill 11067, an ordinance amending municipal code chapter 25 provisions for accessory structures (sections 25-42 and 25-45), after residents and council members raised questions about how the changes could interact with accessory dwelling units (ADUs) and stormwater management.
Jamie Scott, a lifelong Kirkwood resident, told the council she supports some of the proposed clarifications but warned the amendments could be used to create multifamily housing in single-family R-1 zones. "If I own a 1 acre lot and I build up to 2,500 square foot accessory dwelling unit with special use permit...and I then choose to sublet that dwelling unit to another party. I have then in practice created 2 family homes in a single family," Scott said.
The concern was echoed by Linda Fenton, who said the proposal effectively creates “flag lots” and argued that adding detached homes on existing single-family lots should require rezoning rather than approval by special use permit. Fenton also cited Missouri statute 89.06 and said the proposed process would reduce neighborhood protections available under state law.
Council members discussed broader implications beyond the single property that prompted the amendment request. Several members referenced ongoing city work on stormwater management and said they needed to consider how larger accessory structures could affect runoff and drainage. One council member said the ordinance could permit a combined accessory building and ADU totaling 2,500 square feet (for example, a garage plus pool house with dressing rooms and baths) and described that size as "a little excessive" without fuller analysis.
City staff clarified that the accessory-dwelling-unit standards in section 25-36(k) remain in place and that special use permits for ADUs are processed through the Planning and Zoning Commission and then come to the City Council for final action; staff said a special use permit is not approved administratively. Council members asked for more context on how the proposed changes interact with short-term rental rules and the city’s stormwater plan.
After discussion, the council called the vote on first reading. Council members did not advance Bill 11067 at this meeting; members said the item can be revisited after further review of stormwater implications and related code sections.
The council did not adopt any new code language related to accessory structures at this session; staff and council indicated they will take additional time to review the proposal and its interaction with ADU standards and stormwater recommendations.
