Developer and councilors debate Keizer rules that limit cottage-cluster housing

Caleb Folsom, a local builder and developer, told the Keizer City Council during public comment that city rules on building separation, unit limits and common-area requirements make cottage-cluster ("cottage housing") projects financially infeasible in Keizer.

In a discussion that followed, planning staff and council members described why the city—s adopted middle-housing rules differ from neighboring jurisdictions and recommended administrative steps the developer could take, including applying for a variance or raising the issue with the Planning Commission.

Folsom said Keizer requires a 10-foot separation between cottage buildings while the Oregon building and fire codes allow approximately 3-foot separations in many cases. "Keizer is requiring a 10 foot building separation on cottages," he said, and added that the spacing, together with common-area and parking requirements, would limit his illustrative site to eight cottages under current rules. He said a Salem standard allowing 12 cottages would make the project feasible.

Planning staff said the city—s rules reflect choices made during the local implementation of state middle-housing mandates. Staff noted the Planning Commission retained 10-foot building separation and a 20-foot cottage height limit to address neighborhood concerns about proximity and scale. City staff also pointed to state requirements implemented under House Bill 2001 and related administrative rules that constrain some local choices.

Councilors and staff discussed options. Councilor Kelsey Cross and others suggested the developer pursue a variance to test whether the project could be approved under existing code, or bring a formal code amendment request to the Planning Commission. Planning staff said the specific proposal had not previously been considered by the Planning Commission and encouraged the developer to work with staff before filing formal applications.

Councilors also noted a broader policy context: several state-level and regional regulatory changes (including House Bill 2001 and related OARs) have changed what cities can regulate for middle housing. Planning staff said many recent building permits in Keizer have been for middle-housing types and that the city had sought a balance between allowing new housing options and addressing neighbors— concerns about scale.

If the developer pursues a variance or a code amendment, any change to the code would follow the city—s formal Planning Commission and public-notice process.

Ending

Councilors encouraged the developer to follow up with planning staff and consider a variance or Planning Commission application; no formal action or code change was taken at the meeting.