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Planning commission recommends council adopt ordinance to legalize some unpermitted ADUs
Summary
Bonney Lake planning commissioners recommended the city council adopt an amendment that would create options to legalize certain unpermitted accessory dwelling units (ADUs), including permitting, restrictive covenants, or removal of ADU features; staff said council will consider the ordinance April 14.
The Bonney Lake Planning Commission voted to recommend that the City Council adopt an ordinance to provide standards and procedures for legalizing certain unpermitted accessory dwelling units (ADUs).
Development Services Manager Lauren Belisky told commissioners the amendment to the Bonney Lake Municipal Code (section 18.22.090.c) expands enforcement options for owners of spaces that meet the technical definition of an ADU but were never permitted. "Owners could fully permit the accessory dwelling unit, record a restrictive covenant that the space is not an ADU (with construction permits for any unpermitted work), or remove ADU features such as an electric range, sink, or bathroom plumbing and record a covenant," Belisky said during the commission’s April 1 meeting. She added the draft limits covenants to one per lot and clarifies the procedure for releasing a covenant.
Belisky said staff routed the draft to the Department of Commerce (which indicated it might comment) and that the proposal was exempt from SEPA review. She told the commission planning staff will forward the recommendation to the city council, which is scheduled to consider the ordinance on April 14.
There was no substantive public testimony on the item at the hearing; one attendee who phoned in said they had no comment. Commissioners asked clarifying questions about how covenants would affect future owners and about which construction permits would be required for prior unpermitted work; Belisky replied that required permits would depend on the unpermitted work and that the covenant language was intended to provide notice to future buyers and assessors.
A commissioner moved that the council adopt the ordinance as presented; the motion was seconded and approved by voice vote. The commission’s action was a recommendation to the council; the council will make the final decision on April 14.
If the council adopts the ordinance, the options for owners described by staff would be available: full permitting (with any required corrective permits), recording a restrictive covenant that the space is not an ADU, or removing defining ADU features and recording a covenant. Staff representation: Lauren Belisky, development services manager; procedural next step: city council decision on April 14.
