Council amends ADU code to allow existing carriage-house units in South Mountain to seek permits; residents urge enforcement

Planning staff presented Ordinance 16-17, a text amendment intended to bring previously built carriage-house or garage-apartment units in the South Mountain development area into compliance with the city's current accessory-dwelling-unit (ADU) rules. Todd Taylor (planning staff) said the proposed text would exempt units that existed as of adoption from the 12,000 square-foot minimum lot-size requirement so those units could apply for ADU permits while still meeting other requirements such as owner occupancy and off-street parking.

"The proposed text would allow those units that were originally constructed, and are currently exist as of the date of the adoption of the ordinance, to be exempt from the minimum lot size requirements," Todd Taylor said. Staff estimated roughly 81 lots in the subject area and about 38 carriage-house/garage-apartment units.

Public commenters included property owners and neighbors with contrasting views. Owner-occupants and neighborhood supporters argued the amendment promotes homeownership and brings units into compliance; some owners and renters urged the council to allow non-owner-occupied units to be grandfathered, saying applications are stalled and legal nonconforming uses exist. Others expressed concerns about parking, enforcement and neighborhood character. After discussion the council approved the ordinance and directed staff to pair the code change with enforcement efforts going forward; the ordinance passed 4–0.