www.burlingtonvt.gov/btv-housing-policy
Addresses elements from October Council Resolution: ADU’s allowed in conjunction with single-family home in all zoning districts Streamline permitting: creating an ADU no longer a primary reason for a project to go to DRB (only if other DRB review criteria triggered) Alternative max ADU size : 30% of gross floor area of primary home, or 800 sq.ft., whichever is greater No parking space required for an ADU and allow stacked parking for ADU’s Up to 650 sq.ft. of lot area exempt from lot coverage limit if stormwater impacts are mitigated Draft ADU Amendment Elements • • • • •
Councilors shared the following questions/issues for discussion on December 16: Building, Fire Code and Trades Requirements for ADUs What standards are applied, and why, and how do we make sure that owners are not surprised by them? Parking Requirement Do we eliminate the requirement vs. just provide greater flexibility to accommodate on-site parking? Owner-Occupancy Requirement Should this be required, and what are the policy implications of maintaining vs. changing? Lot Coverage Waiver & Stormwater Management Will property owners be able to take advantage of this provision? Council Questions • • • •
Note: a sprinkler system may take place of requirements for egress, other fire-rating specifications Access to the unit/space is located in a way that poses a risk to safe egress (i.e. only accessible through a garage Locate the unit/space in a way that can be protected through fire-rated materials Combined domestic water/sprinkler systems if installed by qualified fitter/plumber When cost prohibitive, the fire code allows for an internal storage tank system to supply sprinklers required. However, there may be some alternatives: The most costly factor associated with this requirement is if a new or upgraded waterline is The same standards are applied to ADUs as to the creation of all new habitable area in the City, or kitchen) The unit/space is not accessible through the primary home Primary access to the unit/space is located between 50 -150 ft from a street Sprinklers are usually required for units and other habitable space when: per adopted fire code standards: Fire & Building Code for ADUs • • • • • • • • •
Maximum waiver for residential parking requirement is In residential districts, current requirements: accommodate parking space if it is desired 2 parking spaces for primary single-family home Enable homes with ADU’s to utilize stacked parking to 1 additional space for the ADU Eliminate requirement for a parking space for an ADU No more than 2 cars in a tandem arrangement Recommendations: Minimum parking space size requirement is 9’x 20’ 50%, upon approval of a Parking Management Plan Basics of Current Parking Standards • • • • • Normal Tandem • Stacked •
Scenario from 2019 HomeShareVT & CEDO technical assistance program. Owner would like to replace an existing detached structure with a detached ADU. Limitations: Small lot and small home Translates into a maximum 415 sq.ft. ADU replacing existing non-conforming lot coverage. BTV Homeowner Case Study •
Limitations: Small lot and small home Translates into a maximum 415 sq.ft. ADU replacing existing non-conforming lot coverage. Parking requirement would mandate significant addition of impervious surface due to lot layout, but Lot coverage limit, setback, and requirements for parking layout may preclude those improvements BTV Homeowner Case Study • • •
occupancy requirement, or lenders’ rules not allowing income from unit to be considered (i.e. sabbatical, military leave, long-term medical care, etc.) kitchen of the unit must be removed. Questions/concerns about this requirement included: Some known examples of lenders denying requests to create an ADU due to banks’ inability to comply with owner- How is the owner-occupancy requirement enforced? estimate income from the rental of the unit Considered “owner-occupied” if owner resides at the property at least 50% of the year Lack of comparable properties contributes to uncertainty about how to value a property with an ADU, and how to Some mechanisms in place to verify owner-occupancy, but largely complaint-driven Financing and Valuation of properties with ADUs Nothing precludes students from being the legal owners of a property and residing within it Currently, the property must be owner-occupied, with the ADU noted on the deed, and if not the How to handle circumstances that require an owner to live off-site for more than half the year? Owner-Occupancy for ADUs • • • • • • • •
development- found that 90% were built by “amateur homeowner developers” Currently, the property must be owner-occupied, with the ADU noted on the deed, and if not the Study of Portland, Oregon’s ADU “boom” to determine if lack of owner-occupancy led to increase in ADU occupants living on a property If ADU is discontinued, the ordinance precludes the space from being used for increasing the number of unrelated Per zoning, an ADU is limited in size, to one bedroom, no more than 2 adult occupants In Burlington, the median cost to create an ADU is $40,000, with costs ranging from $3,000 - $150,000 Concern about “backdoor” way to create a duplex Property Speculation for ADU development kitchen of the unit must be removed. Questions/concerns about this requirement included: Owner-Occupancy for ADUs • • • • • •
Conclusions and Recommendations: 2019 planBTV recognizes that in some areas of the city, zoning doesn’t reflect what has been built, and limits how properties can be modified: Action Item 3.3: “Re-evaluate zoning regulations and development standards for low and medium density residential districts to ensure standards allow existing development patterns, design character, scale and mass that are desired to be maintained, while also enabling some evolution of these properties to meet the changing needs of households.” Allow the DRB to grant a waiver for a portion of the lot cover of the ADU if stormwater is managed, with a maximum of no more than 650 sq.ft. Manage the volume of water created by the square feet of the ADU’s footprint that exceeds lot coverage DPW Stormwater Program Manager reviews and makes recommendations to the DRB on satisfactory management of stormwater on-site, or through an alternative mechanism Lot Coverage and ADUs • • • •
Analysis of available lot coverage on single-family lots: Concern is primarily for small lots, and where this impacts entire neighborhoods, which corresponds closely to zoning districts Most properties in the city fall into the two opposite ends: can’t build an ADU at all without a lot coverage waiver can build a large ADU without need for a lot coverage waiver Lot Coverage and ADUs • • • • Can Accommodate Detached ADU: Zoning Single Family Max of Max of Only w/ 800 Sq.Ft District Lots in District 300 – 649 650 - 799 Waiver or larger Sq.Ft. Sq.Ft. RL 4,236 17% 3% 1% 79% (35% Cover) RM 626 11% 3% 11% 73% (40% Cover) RH 87 41% 9% 3% 46% (60% Cover) Total 4,949 25% 4% 2% 70%
Sample of Old North End and east to Mansfield Ave For discus ussion o n onl nly. Based on lot size, percent allowable lot coverage, and data on existing lot cover. Does not distinguish legal vs. illegal lot cover, does not factor setbacks, and does not evaluate the location of available coverage on the lot. Lot Coverage and ADUs
Five Sisters, Birchcliff, Hill Section For discus ussion o n onl nly. Based on lot size, percent allowable lot coverage, and data on existing lot cover. Does not distinguish legal vs. illegal lot cover, does not factor setbacks, and does not evaluate the location of available coverage on the lot. Lakeside, The Addition, Oakledge Lot Coverage and ADUs
New North End For discus ussion o n onl nly. Based on lot size, percent allowable lot coverage, and data on existing lot cover. Does not distinguish legal vs. illegal lot cover, does not factor setbacks, and does not evaluate the location of available coverage on the lot. Lot Coverage and ADUs
Accessory Dwelling Units in BTV Attached/Addition Detached Internal/Conversion
The Committee and public shared the following questions/issues for discussion: How did we arrive at 800 sq.ft. as the max size, and is this the right limit? Could this be addressed through a bonus approach, how does this compare to what we allow for other types of impervious surface? Potential Lot Coverage Waiver Do we eliminate the requirement vs. provide greater flexibility for to accommodate on-site parking? Parking Requirement Maximum Size limit for an ADU What standards are applied, and why, and how do we make sure that owners are not surprised by them? Building, Fire Code and Trades Requirements for ADUs- owners’ experiences Specifically, how to make them more affordable for owners to build? Affordability of building an ADU (relates to decisions about all of the issues below) Joint Committee Discussion Topics • • • • •
Rental Income and Affordable Housing Living Space Aging in Place Accessory Dwelling Units Source: https://hammerandhand.com/
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