12 Attachment 3LOS GATOS PLANNING COMMISSION 2/26/2020
Item #4, Town Code Amendment Application A-20-001 –
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Melanie Hanssen, Chair
Kathryn Janoff, Vice Chair
Mary Badame
Jeffrey Barnett
Kendra Burch
Matthew Hudes
Reza Tavana
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Robert Schultz
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 3
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P R O C E E D I N G S:
CHAIR HANSSEN: Now we will move on to Agenda
Item 4, which is Town Code Amendment Application A-20-001,
project location Town Wide. Project Applicant is the Town
of Los Gatos. We are asked to forward a recommendation to
the Town Council for approval of amendments to Chapter 29
(Zoning Regulations) of the Town Code this time regarding
Accessory Dwelling Units, and Ms. Zarnowitz, I understand
you'll be giving the Staff Report this evening.
SALLY ZARNOWITZ: Yes, thank you. Also in October
2019 new law was passed regarding Accessory Dwelling Units,
or ADUs, and the laws pertained particularly to the sizes,
locations, number of ADUs allowed, and the parking.
Before you tonight is a Draft Ordinance which
addresses those changes and amends the zoning regulations
to address those changes. Also in the discussion there are
options for less restrictive regulations should the
Commission recommend those to the Town Council.
Jurisdictions have the right to be less restrictive than
the state would even require, and so there are several of
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those options in the Staff Report pertaining primarily to
locations and setbacks.
That concludes Staff's report and we are here to
answer questions.
CHAIR HANSSEN: Do any Commissioners have
questions of Staff? Commissioner Badame.
COMMISSIONER BADAME: Do we have any regulations
to prevent ADUs from being used as an Airbnb?
SALLY ZARNOWITZ: Yes, the Airbnb, or the Short-
term Rental Ordinance that went through recently prohibited
new ADUs from being used as a short-term rental.
COMMISSIONER BADAME: Thank you.
CHAIR HANSSEN: Any other questions for Staff?
All right, seeing none then I will invite comments from
members of the public. Is there anyone that would wish to
make comments on this item? It appears not, so then I will
close… Oh, I'm sorry. I apologize. So, please step to the
podium and state your name and address, and you'll have up
to three minutes.
JENNIFER KRETSCHMER: Hello, my name is Jennifer
Kretschmer, AIA. I live at 101 Old Blossom Hill Road. I'm a
resident and a business owner. I am also the vice president
of the AIA Silicon Valley Chapter and on the board of
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directors for the AIA California, although I'm here to
speak primarily on behalf as a resident and business owner
in Los Gatos.
The main item that I would like to address is the
decision to not allow Accessory Dwelling Units in front of
primary residences, primarily because the state does
require cities or towns to allow existing buildings to be
converted into ADUs. We have a situation in this town where
we do have a lot of older homes that are small enough to be
considered an ADU, and rather than seeing those smaller
homes demolished in order to build a larger home and then
they still put an ADU in the back, I would like to propose
that the Commission here consider existing infrastructure
to be allowed to be a detached ADU in front of a primary
residence.
The other thing that I'd like you to consider is
that the current amendments are allowing four setbacks of
4'. That is quite adequate but we could go so far as 3' and
still comply to building codes and still have space to go
around the structure, and therefore leave more open space
in the yards of properties if the detached ADU is pushed
all the way towards the back of the property. It still
allows for preventative fire measures, so that is one other
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consideration that I'd like you to think about, and that's
it.
CHAIR HANSSEN: Do any of the Commissioners have
questions for the speaker? Commissioner Hudes.
COMMISSIONER HUDES: I had two questions. With
regard to the setback, would changing the setback in any
way allow certain ADUs to be larger than they otherwise
would be?
JENNIFER KRETSCHMER: No, it should not as long
as the Town is complying to the state regulations as far as
size.
COMMISSIONER HUDES: But there's a difference
between the distance in some small lots, whereby having
more setback the structure would be farther away and
potentially could be larger because of the distance from
the main structure, correct?
JENNIFER KRETSCHMER: I think you could end up
making it larger one way or another depending on the space
that's allocated. There are distances that are required
from the existing primary structure so you can't build
them, even for fire code, right up next to each other, so
that also limits how large an ADU can be.
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COMMISSIONER HUDES: Okay. I had another
questions, if I may?
CHAIR HANSSEN: For the speaker?
COMMISSIONER HUDES: Yeah.
CHAIR HANSSEN: Sure.
COMMISSIONER HUDES: The first point that you
made about putting an ADU in front of a primary dwelling,
does that apply to historic as well?
JENNIFER KRETSCHMER: I think that that's
actually one of the best ways to utilize that. We have a
few structures where I know people are considering adding
almost what I would call a Frankenhouse. In order to keep
the existing character of the original small, historic home
they're adding a giant addition onto the back. If they
would have the option of keeping that smaller, historic
home still in the front area, and if they have of course
enough lot size and enough FAR to build the main structure
behind, then the existing neighborhood character of the
street could remain without that existing historic
structure being demolished or being altered in such a way.
COMMISSIONER HUDES: So, are you referring
specifically to the language that says, "An option. A
standard has been included in the Draft Ordinance
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clarifying that no Accessory Dwelling Unit may be
constructed in front of a Primary Dwelling Unit that is a
historic resource," and are you suggesting that we should
adopt that option?
JENNIFER KRETSCHMER: Correct. I am specifically
speaking to Section 29.10.320(b)(3).
COMMISSIONER HUDES: Okay, thank you.
CHAIR HANSSEN: Vice Chair Janoff.
VICE CHAIR JANOFF: Just a question about the
setback. The option that I'm reading is not speaking to a
detached Accessory Dwelling Unit but an attached Accessory
Dwelling Unit and it's asking about whether essentially to
limit it from the current, which is a 5' setback, to allow
a four foot setback. The question I have for you is we
currently require a 5' distance between a primary residence
and an Accessory Dwelling Unit, so if we use the term
"circulation" what's your thought about not having a 5'
circulation, which is generally the requirement for a
detached? It's not a setback from the property line.
JENNIFER KRETSCHMER: Right.
VICE CHAIR JANOFF: So, if you're suggesting
this… And again, this is referring to attached, that's what
the option language before us…
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JENNIFER KRETSCHMER: Right.
VICE CHAIR JANOFF: I understand your point about
the detached.
JENNIFER KRETSCHMER: Right.
VICE CHAIR JANOFF: Would you also say that you
would advocate either the 4' or even the 3' setback if it's
an attached ADU?
JENNIFER KRETSCHMER: No, I think if it's
attached it needs to be attached; there shouldn't be any
breezeway. I mean, if they want to design a breezeway they
could be allowed a breezeway, but it should not be
required.
VICE CHAIR JANOFF: No, I'm not talking about the
breezeway, I'm saying… Let's say it's right smack against
the primary dwelling unit. What kind of setback are you
advocating for that Accessory Dwelling Unit on the
property?
JENNIFER KRETSCHMER: Got it. The setback that is
for the new writing in the code is acceptable; it's the 5'.
VICE CHAIR JANOFF: Five feet.
JENNIFER KRETSCHMER: Yeah.
VICE CHAIR JANOFF: Thank you.
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CHAIR HANSSEN: Any other questions for the
speaker? Thank you very much for your comments; it was very
helpful. Is there anyone else from the public that would
like to speak on this item? Sure I didn't miss anyone?
Okay, seeing none, then I will close the public portion of
the hearing and then ask if any of the Commissioners would
like to ask any additional questions of Staff?
Before we proceed forward with any motions or
anything I did want to make a comment that in the Staff
Report there is the request to forward a recommendation to
Council for adopting the changes that the state has
designated, and then as Ms. Zarnowitz mentioned there are
several options that we could also consider that would be
more lenient than the state code if we want to facilitate
the development of ADUs.
What I'd like to do in terms of process is have
the Commission vote first on the recommendation to adopt
the state law changes and then consider each of the options
separately, and we don't need to reopen the public hearing
for that but we can discuss each one and then vote as to
whether we'd like to go in that direction or not in the
recommendation. So, that being the case are there any
additional questions for Staff, comments that Commissioners
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would like to make, or would anyone like to make a motion
on the first item, which would be to adopt the state law
changes? Commissioner Barnett.
COMMISSIONER BARNETT: I had a very small nit to
pick on pages six and seven of the Draft Ordinance and that
is that Item 8 at the top of page 6 requires one parking
unit per unit for an Accessory Dwelling Unit and then it's
followed by six exceptions, and I was proposing an
additional exception to tie in or to make consistent
paragraph 13(d) on page seven. So the import of this is
that it would harmonize the Draft Ordinance Section
29.10.320(b)(8) on page six with Section
29.10.320(b)(13)(d) on page seven. In other words, that
there would be no parking spaces required for Accessory
Dwelling Units.
CHAIR HANSSEN: So, you're suggesting to make a
correction to the Draft Ordinance?
COMMISSIONER BARNETT: Correct.
CHAIR HANSSEN: Could Staff…
SALLY ZARNOWITZ: Yes, I think the understanding
was that that might relate to Junior Accessory Dwelling
Units was the consistency that the Commissioner might be
looking for. Section 13 is about the conversion of existing
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floor area, and so the conversion does exist. Maybe it's
number 3 under A, (8)(a)(3), "The ADU is within the
existing space of a primary dwelling or an existing
accessory structure," and did you want to add "Junior" to
that, or "Junior ADU"?
CHAIR HANSSEN: Commissioner Barnett.
COMMISSIONER BARNETT: Yeah, that was the intent
and I did discuss it with Ms. Zarnowitz.
CHAIR HANSSEN: Okay, so you would be comfortable
if they made that change that you recommended with the
language in the ordinance?
COMMISSIONER BARNETT: Yes, to harmonize those
two sections.
SALLY ZARNOWITZ: Yes, and to clarify, we can go
back to make sure those two sections match, which was, I
believe, the Commissioner's concern.
CHAIR HANSSEN: Other comments from
Commissioners? Would anyone like to make a motion for the
Draft Ordinance, and then keeping in mind that we'll
discuss the different options that were presented in the
Staff Report subsequent? Commissioner Badame.
COMMISSIONER BADAME: I'll try a motion. I move
to forward a recommendation to the Town Council for Town
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Code Amendment Application A-20-001, amendments to Chapter
29 of the Town Code regarding Accessory Dwelling Units,
with the addition of the changes as recommended by
Commissioner Barnett. I can make the required findings for
CEQA, and I can make the required findings for the General
Plan per Exhibit 1.
CHAIR HANSSEN: Is there a second? Commissioner
Hudes.
COMMISSIONER HUDES: Second.
CHAIR HANSSEN: Would anyone else like to make
comments on the motion before we take a vote? Seeing none,
all in favor? Opposed? Passes unanimously. And are there
appeal rights for the motion?
SALLY ZARNOWITZ: No, there are not because it's
a recommendation to Town Council.
CHAIR HANSSEN: Thank you. All right, so having
done that I thought we ought to go through the different
options that are in the Staff Report and make a
recommendation as to whether we would wish to recommend to
Council to be more lenient then the language in the state
law.
The first option, and I might ask Staff to give
additional explanation. I mean, it's described here but the
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first option is on page 3, and as I understand it, it has
to do with whether or not… There is a limit of two ADUs
that can be had, but the state law says detached or an
additional Junior ADU inside the house, and then do we want
to add an attached ADU as one of the possibilities, and so
if you could comment on that, if I got that right.
SALLY ZARNOWITZ: That's correct, and I have a
sketch if you want to see an example of an attached or a
detached with the Junior. So the Junior ADU as defined by
the state as within the primary residence.
CHAIR HANSSEN: I think we would like to see the
drawing.
SALLY ZARNOWITZ: The Junior ADU is within the
residence and we'll have an example of a Junior ADU in the
residence and then a detached Accessory Dwelling Unit,
which is what the state requires, and then we also have an
example of attached, which the state does not require that
jurisdictions allow it. So, this is what the state would
require to be allowed and that's what the ordinance allows
right now, a detached. The Junior ADU is within the primary
dwelling plus 150 square feet are allowed for egress.
That's what the state is allowing and then the question is
would the Town want to allow the Junior ADU on the bottom
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and then the attached ADU all in one structure? So, it
wouldn't increase the numbers. One could still have one ADU
and one Junior ADU, it's just a question of whether or not
you would allow that second ADU to be attached.
CHAIR HANSSEN: Do any Commissioners have
questions or comments on that? Commissioner Burch first.
COMMISSIONER BURCH: I definitely think we should
support that. I think that that's going to be easier on a
homeowner to provide… That's a much simpler modification or
construction than a completely detached unit that has to be
built. I don't see anything wrong with that.
CHAIR HANSSEN: Other comments? Vice Chair
Janoff.
VICE CHAIR JANOFF: Yeah, I would agree with
Commissioner Burch. We do want to increase the housing
units, and so this is a good way to do it and giving
homeowners the flexibility to accommodate the nuances of
their property makes good sense.
Question for Staff. Is there also an option, if
you go back to the first diagram, that the Junior ADU could
be associated with the ADU?
SALLY ZARNOWITZ: Yeah, there should be another
one where there's a Junior ADU. There we go. That is the
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second question in this option. Yes, would the Town like to
allow a Junior ADU not just within the primary but within
the space of an accessory structure or a larger ADU?
VICE CHAIR JANOFF: So, before us is the option
to allow for both, this as well as the prior slide?
SALLY ZARNOWITZ: Right, still with the same
number of one ADU and one Junior ADU.
VICE CHAIR JANOFF: Okay. My general comment is
yes. I mean, why make it more difficult for homeowners to
manage efficient building of their property and allow for
these additional units?
CHAIR HANSSEN: Question for Staff. Allowing this
option they wouldn't be able to have additional square
footage, or would they? Because there's a limit on the
total square footage for a detached ADU, so if the Junior
is… Does that imply that you add the… It could be larger
than it was before?
SALLY ZARNOWITZ: There are all these kinds of
questions. The detached ADU would have a certain size up to
the 1,200, and then the Junior ADU would come out of that
one would assume, which would reduce the size of the ADU
just as the Junior ADU reduces the size of the primary
dwelling, the main house.
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CHAIR HANSSEN: Okay.
SALLY ZARNOWITZ: And the Junior ADU still
wouldn't be able to be more than 500 square feet. The
Junior ADU doesn't necessarily have to have its own
restroom; it can share a restroom with the main dwelling,
and it just has a little counter and appliance for cooking.
CHAIR HANSSEN: Vice Chair Janoff.
VICE CHAIR JANOFF: So, do we need to specify
that? It may be our understanding, but do we need to say
that in this scenario where you have a detached ADU and the
Junior ADU in one building the total does not exceed 1,200
square feet?
SALLY ZARNOWITZ: I'm seeing that that might be a
good idea from the attorney.
VICE CHAIR JANOFF: I'm just concerned that we
might have a 1,200 ADU and a 500 Junior ADU in that
scenario, which is not our intent.
SALLY ZARNOWITZ: Right, and the state requires
that you allow up to an 800 square foot ADU, so that would
be 1,300.
VICE CHAIR JANOFF: Would we need to say up to
1,300 if it's joined? Can we have two Junior ADUs?
SALLY ZARNOWITZ: Well, no. No, you can't.
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VICE CHAIR JANOFF: Well, I'm just wondering if
there's a minimum ADU and a maximum or a set Junior. Then
if this is the scenario that's brought before the Town we
might want to say yes to 1,300 square foot total. I mean,
considering that these are ministerial decisions and
there's no discretion, the more that we bound that envelope
to make it perfectly clear seems reasonable.
SALLY ZARNOWITZ: It does, and I think we can
take that direction and look at it more closely as well,
because there are other regulations pertaining to accessory
structures on lots and so we could look at that and see how
that would play out, but the main idea of the Junior ADU is
that it is within the existing space or proposed space—
which becomes, I know, complicated—of a structure.
JOEL PAULSON: If the Commission is ultimately
interested in providing that direction we can carry that
information forward to the Council and then provide them
with our findings and then they can make that decision.
CHAIR HANSSEN: One more question for Staff.
Relative to Vice Chair Janoff's question though, by
definition a Junior ADU is then a primary dwelling, so you
can't have a Junior ADU within a Junior ADU, right?
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SALLY ZARNOWITZ: Well, the state allows the
jurisdiction to limit it to that definition, but should you
wish to take it beyond that we can revise that definition
if that's the direction you're giving. As Mr. Paulson said,
we can look at that and move it forward.
JOEL PAULSON: But you theoretically could have a
499 square foot Junior ADU and a 480 square foot detached
ADU, so just because it's less than 500 does not make it a
Junior ADU, so ultimately it's kind of semantics but
technically you could have a detached ADU that's less than
500 and an attached that's within the existing home that's
less than 500 and one of them is going to be a Junior ADU
and one of them is going to be a regular detached ADU.
CHAIR HANSSEN: Right, okay. I'm thinking we
should make… I'm going to ask Staff. Would you like us to
make a motion and vote on these or just have comments about
whether we think it's a good idea or not?
JOEL PAULSON: I think it would be helpful for
Council's discussion to actually have a motion.
SALLY ZARNOWITZ: Yeah, since it's not in the
first motion, then just have individual motions.
CHAIR HANSSEN: All right, and I think we can do
this fairly quickly, so let's do that. So, this option is
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two different options, which is kind of the A and B.
There's the adding the attached ADU as an option and then
the Junior ADU within the detached. So, would someone be
willing to make a motion about whether we want to do that
or not? Commissioner Burch.
COMMISSIONER BURCH: I'm going to make a motion
that based on the diagrams shown by Staff for the two
options I would move to forward a recommendation of
approval to Council and note some of the conversation that
has occurred based on the configuration of square footage.
CHAIR HANSSEN: Is there a second? Commissioner
Tavana.
COMMISSIONER TAVANA: I'll second that.
CHAIR HANSSEN: Are there any comments from
Commissioners on this item? Seeing none, I will call the
question. All in favor? Opposed? Passes unanimously.
The next option says no Accessory Dwelling Unit…
It's in the Draft Ordinance and do we want to be more
lenient that, "No Accessory Dwelling Unit may be
constructed in front of a primary dwelling that is a
historic resource to prevent adverse impacts on historic
resources." But we could recommend allowing this option to
create Accessory Dwelling Units in front of historic
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resources to add more flexibility. So, comments on that?
And I don't know if Staff wants to clarify any more than
that.
SALLY ZARNOWITZ: I would just say that
pertaining to the public comment that we got that it's not
the intent that this language would preclude the conversion
of existing accessory structures or square footage to an
ADU in front of a historic resource, so if there's a
gatehouse or some sort of structure in front of it or that
that could be converted to an ADU.
CHAIR HANSSEN: So, this questions is whether we
allow people to construct a new ADU that isn't there right
now in front of a historic resource?
SALLY ZARNOWITZ: Yes.
CHAIR HANSSEN: Okay. Commissioner Burch.
COMMISSIONER BURCH: I just want to make sure
before I make my other comments I'm clear. We do have some
properties downtown that are these very tiny, original
little bungalows but that are existing, so would this say
that for the sake of keeping historic we would allow that
to become an ADU just like… Is that semantics correct?
SALLY ZARNOWITZ: That correct, because it's
existing.
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COMMISSIONER BURCH: Okay. All right, thank you.
CHAIR HANSSEN: I just want to ask a clarifying
question, then Commissioner Hudes. We can't prevent that
anyway, or is this something we need to vote on, where they
have a detached Accessory Dwelling Unit, or it's not a
dwelling unit but an accessory unit in front, we have to
vote whether to allow that or not, or they can
automatically do it because of the state law?
SALLY ZARNOWITZ: They can convert the existing
floor area; that would be allowed by the state law and by
the ordinance as it's written. The question would be could
they build a new ADU in front of the small bungalow?
CHAIR HANSSEN: Commissioner Hudes.
COMMISSIONER HUDES: I would strongly oppose that
option. I think it would decrease the value of historic
resources and it would also decrease the value of the
neighborhoods and the Town to put new construction in front
of historic resources. I think we would be getting some
additional dwellings but we would be outright attacking our
historic character of the Town.
CHAIR HANSSEN: Vice Chair Janoff.
VICE CHAIR JANOFF: Yeah, I agree with
Commissioner Hudes except that I think what's proposed is
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the reverse. It currently says that no accessory dwelling
may be constructed, and so we're advocating that language
continue.
But I did want to comment that the benefit of
having public testimony is I hadn't really thought about
the concept of these small historic properties being
converted to the ADU intact and allowing a new primary
residence to be constructed. I would just like to say,
having served on the Historic Preservation Committee, it's
a brilliant idea to allow that because there have been
many, many applications that are asking to tear down the
historic because it doesn't accommodate the big new house
that the whole family needs and we're saying no, you can't
do that but you've got to make it look the same because
that's Los Gatos' way, and to allow those beautiful little
structures to shine and be purposeful is something I think
is just really brilliant and I thank you for bringing that
concept. I know Staff has it but I hadn't in my mind, so I
appreciate that, and I think anything we can do to preserve
the historic integrity of the Town by not cluttering the
front of these properties with an Accessory Dwelling Unit
that obscures the elevation I think is a great idea.
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CHAIR HANSSEN: Commissioner Hudes, you had
additional?
COMMISSIONER HUDES: Just to clarify, those are
two separate concepts. The concept that we heard in public
testimony has nothing to do with this option. This option,
it says would you allow the creation of Accessory Dwelling
Units in front of historic resources and I think that would
be a big mistake.
CHAIR HANSSEN: Okay, so would someone like to
make a motion?
COMMISSIONER HUDES: I would move to make a
recommendation to Council that we do not adopt this option.
CHAIR HANSSEN: Second? Commissioner Badame.
COMMISSIONER BADAME: Second.
CHAIR HANSSEN: Does anyone else want to make a
comment before we vote? All right, all in favor? Opposed?
None. Passes unanimously. Okay, so that's that option.
There are four options total. Option 3 is the new
state law does not require attached Accessory Dwelling
Units to be allowed minimums and rear and side setbacks of
4' and we could recommend this option for having it go from
5' to 4' even though the detached, it's already stated by
state law that it's 4', and correct me if I'm wrong, Staff,
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we could also allow the attached to have 4' instead of 5'.
So the question on the table is do we want to allow
attached to go down to 4'?
SALLY ZARNOWITZ: Maybe just to clarify right
now, the attached ADU would need to meet the setbacks of
the primary dwelling, so 8' in the R-1:8, 10' in the R-1:10
for a side setback. So, this would be allowing even the
attached ADU to go down to 4' on the side or the rear.
CHAIR HANSSEN: Vice Chair Janoff.
VICE CHAIR JANOFF: For the reasons I commented
on before I think reducing that setback to 4' may not make
sense from a general circulation standpoint, so I
personally would not be in favor of reducing it to the 4'
setback this time.
CHAIR HANSSEN: Commissioner Hudes.
COMMISSIONER HUDES: Yeah, I would agree with
that. I think that an attached ADU by definition gives you
greater contiguous façade area and so the perception of
greater mass encroaching on space the neighbors assumed
they had would be an issue to me, so again, I don't think
that one is worth it.
CHAIR HANSSEN: Okay, would someone like to…
First of all, does anyone else want to comment, and if not
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would someone like to make a motion on this option?
Commissioner Burch.
COMMISSIONER BURCH: It sounds like I am going to
move that we do not adopt this option.
CHAIR HANSSEN: Is there a second? Commissioner
Hudes.
COMMISSIONER HUDES: Second.
CHAIR HANSSEN: Any additional comments? Then
I'll call the question. All in favor of the motion? Anyone
opposed? No. Passes unanimously.
All right, we have one more. It's on page four.
An option has been included in the Draft Ordinance
clarifying that an Accessory Dwelling Unit may not be added
to an existing second story of a primary dwelling that is
an historic resource to prevent adverse impacts on historic
resources. We could be more lenient and allow people to
create second story Accessory Dwelling Units on historic
resources. Comments or questions? Okay, we have a picture.
Commissioner Burch has a question.
COMMISSIONER BURCH: I don't think I understand
why adding a second story ADU means it has to be higher.
What drove that particular option?
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SALLY ZARNOWITZ: The ordinance currently allows
for a second floor ADU only in the case where there's
already a second floor on a primary dwelling. I think I
said that right. And so in this case when we have a
historic structure, such as the one on the left, that has a
big sloping roof but in the rear there's a second story, so
then when you go to the right the new ADU is put on the
front of the structure on the second story and it has the
potential to change the shape of the house, the primary
dwelling, fairly significantly. So that's in order to get
the plate height in order to stand…to create more plate
height to get the square footage basically, because while a
lot of it could be fit under a gable in order to get more
square footage the plate height goes up.
CHAIR HANSSEN: Vice Chair Janoff.
VICE CHAIR JANOFF: Just again, recognizing what
the Historic Preservation Committee is trying to do in the
Town, we don't readily allow a second story addition even
if the historic property has a second story that
substantially changes the overall appearance of the
historic house, and so I'm not sure why we would be
entertaining adding an ADU which essentially does the same
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thing to alter the historic appearance of a home; I'm not
sure that makes sense for us to do that.
CHAIR HANSSEN: Commissioner Badame.
COMMISSIONER BADAME: I agree with Vice Chair
Janoff. I'm strongly opposed to this one. I think it has
the potential to impact the character of the historic
neighborhood.
CHAIR HANSSEN: And Commissioner Hudes, I thought
you had (inaudible).
COMMISSIONER HUDES: I agree.
CHAIR HANSSEN: You agree. All right, then if no
one else has a comment would someone like to make a motion
on this item? Maybe Commissioner Burch.
COMMISSIONER BURCH: I'm on a roll tonight. I am
going to move that we do not recommend this option either.
CHAIR HANSSEN: Is there a second? Commissioner
Hudes.
COMMISSIONER HUDES: Second.
CHAIR HANSSEN: Okay. If there are no other
comments, and seeing none, I will call the question. All in
favor? Anyone opposed? No. It passes unanimously. Okay,
great.
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So, that is all the options that Staff had in
their Staff Report for us to consider, and we already
talked about whether there are appeal rights and I don't
think there would be on the other options either.