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Brighton council debates carve-outs to 5,000-square-foot home-size limit, asks staff for boundaries and a possible 7,000-foot cap

Brighton Town Council · August 13, 2024
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Summary

Council discussed proposed exceptions allowing larger homes in narrowly defined subdivisions such as Solitude Village, Giles Flat and Silver Lake Estates; staff was directed to return with mapped boundaries and recommended upper limits (council floated 7,000 sq ft).

Brighton Town Council held an extended discussion Aug. 13 over proposed exceptions to a 5,000-square-foot gross floor-area limit in the land-use code.

Morgan Nguyen, town planning staff with the Municipal Service District, presented draft ordinance language that would allow "alternative regulations" for explicitly defined areas — subdivisions or legal-map boundaries — so that those areas could be governed by different size rules. Nguyen said the council had earlier directed staff to draft possible exceptions for Silver Lake Estates after public input.

Council members and members of the public debated the merits, legal defensibility and precedent risks of an open-ended exceptions process. Council member Carolyn and others argued that three well-defined areas — Giles Flat, Solitude Village and Silver Lake Estates — could be candidates for exception because they have distinct character or existing HOA limits. Several council members urged staff to add objective limits to avoid ad-hoc decisions and future litigation: "If you have too many exceptions, then really why have you?" one council member said.

Participants discussed a specific numeric approach: leave the base limit at 5,000 square feet but allow exceptions in named subdivisions and cap the exceptions at an upper ceiling (議 council discussion referenced a possible 7,000-square-foot maximum). Staff agreed to return with mapped boundaries, recommended upper limits, and clarifying language addressing whether garages count toward the square-foot cap.

Council did not vote on the ordinance at the meeting. Staff will prepare revised draft code language with explicit subdivision boundaries, recommended ceilings, and supporting data (average house sizes and lot sizes) for a future council meeting.

The discussion emphasized balancing neighborhood character, wildlife/visual impacts and legal defensibility; council members asked staff to ensure consistency with the general plan and to include objective metrics (lot size, density, built-environment averages) when proposing exceptions.