River Heights planning commission delays ADU ordinance after attorney flags enforcement concerns

The River Heights City Planning Commission voted on June 9 to delay approval of a proposed Accessory Dwelling Unit (ADU) ordinance so the Commission can review attorney recommendations and solicit resident input.

Commissioner Noel Cooley moved to postpone approval until after a future public hearing; Commissioner Anna Lisa Davidson seconded. The motion carried with Commissioners Cooley, Davidson, Keenan Ryan and Troy Wakefield voting in favor; Commissioner Steve Roberts was absent.

Commissioner Ryan opened the ADU public hearing and noted there was no public in attendance and no written comments. He reviewed an email from the city attorney, Jonathan E. Jenkins of Daines & Jenkins, LLP, that raised multiple enforcement and drafting concerns about the ordinance’s temporary‑absence owner‑occupancy waiver. Jenkins wrote that he had “some concerns with the provision” and recommended defining qualifying absences and requiring that owners have resided on the property for 24 continuous months before claiming the temporary‑absence exemption. Jenkins’ suggested rewrites included qualifying reasons (military service, medical treatment, employment relocation, education, and limited other circumstances), documentation and renewal requirements, a cap on cumulative absence, and a revocation and appeal process.

Councilmember Mark Malmstrom said he thought a two‑year residency requirement was excessive; the transcript records that "the Commissioners wanted to replace the required two years with six months" for further consideration. Commissioner Wakefield expressed concern that language allowing "other extenuating circumstances as approved in writing by the zoning administrator" could leave decisions to an arbitrary administrative determination and suggested making allowances clearer in code rather than relying solely on the zoning administrator.

Recorder Sheila Lind was directed to incorporate the attorney’s suggested language into the ADU draft to make comparisons easier at the next meeting. Commissioner Ryan said the Commission hopes to gather resident input and, if satisfied with edits, schedule another public hearing (noted as a potential July 14 hearing) to advance the ordinance to the City Council.

Key provisions in the June 9 ADU draft include owner‑occupancy requirements, limits on unit size and parking standards, a 90‑day minimum rental term, and provisions for IADUs and DADUs; the attorney’s email and the Commission’s discussion focused specifically on clarity and enforceability of the temporary‑absence waiver and the appropriate duration of required owner occupancy prior to seeking an exemption.