With very little fanfare, a significant change to Anchorage municipal code has been proposed by the Planning Department and soon will be in front of the Assembly for a vote. The change is related to accessory dwelling units (ADUs), and if you are the owner of a small R-1 zoned lot, you should be concerned.
What is this all about? For this, we need some history.
In 2003, Anchorage passed the first ADU ordinance, intended to create additional housing by allowing homeowners in all zones to build “mother-in-law” apartments. Out of respect for the rights of homeowners on small lots, the ordinance prohibited detached ADUs (an apartment not connected to the primary dwelling) in R-1 zones. The community council we live in supported this ordinance as it struck a reasonable balance between creating additional housing and respecting homeowner rights.
In 2018, this ordinance was revised to eliminate some lot size restrictions, delete certain appearance requirements, and allow 25-foot-tall detached ADUs in R-1 zones and larger ADUs in all zones. In a slight nod to respect for neighbors, detached ADUs taller than 15 feet (to roof mid-height) in R-1 were required to have a 10-foot setback from the property line.
In 2020, an ADU was constructed in our community that took full advantage of the relaxed requirements of the 2018 revision. Even with the 10-foot setback, it is so tall that it blocks the sun and intrudes on the privacy of adjacent neighbors.
Now only a few years later, instead of revising the rules to prevent this from happening again, the Planning Department has proposed a further relaxation of the rules to remove virtually all constraints on detached ADUs.
The proposed changes were developed by a working group composed entirely of representatives from public, nonprofit and commercial housing advocacy groups. These are well-meaning people, but they do not appear to understand how this will affect small-lot neighbors and neighborhoods. The changes will allow detached ADUs to be constructed to the same rules as the primary structure on the lot: taller and even closer to property lines than the current ordinance. The proposed changes will essentially allow two homes on every R-1 lot.
And there is a twist: Hidden in the changes is the elimination of the existing requirement that either the primary residence or the ADU must be owner-occupied. Studies from across the country show that eliminating owner occupancy requirements leads to fewer housing units for residents and less affordable rent. In fact, the egregious ADU example cited above is now offered on AirBnB. That unit, and other ADUs like it, are not creating more housing for Anchorage residents.
The Assembly is preparing to act on short-term rental legislation, but this legislation and the elimination of the existing ADU owner occupancy requirement must be addressed concurrently. We cannot tell someone they can do something and then take it away later.
The 2003 ordinance allowed for more housing and was respectful of neighbors and neighborhoods. The proposed changes do not even acknowledge the second goal: Their focus is solely on creating as much housing as possible.
The proposed changes will pit neighbor against neighbor as one seeks to exploit its leniency and the other to preserve the qualities that made these neighborhoods the place where they felt comfortable investing their time, money and social capital.
The Planning Department has not demonstrated an urgent need for these changes, and they have offered no proof that the restrictions being eliminated are the reason ADUs aren’t being built at the desired pace. On the contrary: At least six ADUs have been constructed in our neighborhood since 2019 under the current ordinance.
This is not an “either/or” situation: The existing ordinance can be revised to work for small-lot neighborhoods and create affordable housing. We need to take a step back and do this right, but there is not much time. The Assembly is taking public testimony on Jan. 10. If you live in a small lot R-1 neighborhood and care about keeping the sun on your solar panels and gardens, maintaining your privacy, and protecting your neighborhood’s residential character, please contact your Assembly member or, better yet, show up in person at the Assembly meeting on Tuesday, Jan. 10.
And, if you would like a preview of what could show up on your neighbor’s lot, take a drive through the alley between Redwood and Sprucewood streets, south of Bannister Drive.
David Evans, Bob Butera and Dan Rosenberg are Anchorage residents who live in the Rogers Park Community Council area.
Correction: An earlier version of this column incorrectly described a location in the last paragraph. It’s the alley between Redwood and Sprucewood streets, not Redwood and Cottonwood streets.
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