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Commission hears enforcement case for unpermitted accessory dwelling unit at 5 Thompson Street
Summary
Staff recommended denial for an accessory‑dwelling‑unit application at 5 Thompson St. because the structure was built without permits, exceeds side‑yard setback, and R6 allows only one dwelling unit per lot; if denied, owner must remove the elements that make it habitable or modify the structure.
Planner Haley presented an enforcement‑style zoning case on Jan. 5 concerning an accessory structure at 5 Thompson Street that the city characterizes as an accessory dwelling unit (ADU). Staff reported the structure is about 420 square feet and roughly 14 feet tall and contains a kitchen, bathroom and HVAC, which make it a dwelling unit under the UDC.
Haley said the city issued a notice of violation in November 2025. Under the R6 (single‑family) zoning, the city allows one dwelling unit per lot; ADU standards for R6 had not been adopted, and the structure encroaches into the side yard setback (required 9 feet; existing ~6 feet). Staff therefore recommended denial of the ADU and explained that, upon denial, the owner would need to remove or modify components that make the structure habitable (kitchen, shower, HVAC) or move the building to meet setback requirements.
Commissioners asked whether code enforcement scans nearby properties for similar constructions; code staff said investigations focus on the active case and may pursue other blatant violations at their discretion but do not systematically march down the block without complaints. Staff noted one homeowner called with questions but no formal letters of complaint had been filed.
Next step: the case will proceed through the public hearing process; if denied, owner must remedy the violation or pursue other legal remedies (e.g., Board of Adjustment or variance processes where applicable).
