Interpretation of Regulations Pertaining to Detached Garages and Accessory Apartments

A property owner has been in contact with both Building Division and Planning Division staff regarding proposed plans for a new, detached accessory building.  He is attempting to address any potential concerns or issues prior to finalizing plans to apply for a Building Permit.  One of the potential concerns involves whether the proposed building would constitute an accessory dwelling.

City Code Section 117-349(d)(8) states that detached accessory buildings shall be prohibited from containing complete independent living facilities (accessory apartments).  It goes on to state that an independent living facility would contain three or more of the following criteria: living, sleeping, eating, and sanitation spaces.  However, none of those criteria are actually defined in City Code.  Sanitation is fairly straight forward (does the space include a bathroom).  But, living, sleeping, and eating spaces are more vague.

The draft plans that the resident has provided do include a bathroom, an area for an office/kitchenette (sink and refrigerator), and, upstairs in the bonus room area, a full kitchen (includes range/stove, refrigerator, sink, and dishwasher.  Staff has interpreted the 'office area' as living space and thus, combined with the bathroom and full kitchen, this proposed building would constitute an accessory apartment.  Since City Code does not include definitions for living, sleeping, eating, or sanitation spaces, Staff has inquired with the City Attorney as to how those should be interpreted/applied.

It is worth noting that this type of proposal is not necessarily completely out of the ordinary.  Additionally, oftentimes the person proposing the building has no intention of utilizing the space as an accessory apartment.  However, circumstances can change, or the property can be sold and a future owner may have other ideas for how to use that space.

Staff is seeking feedback on this specific building proposal and whether the Planning Commission supports Staff's interpretation that it constitutes an accessory apartment.  More generally, Staff is seeking input from the Planning Commission on what constitutes living, sleeping, eating, and sanitation spaces to ensure that Staff is applying this portion of City Code appropriately.

Provide feedback on both this specific building proposal relating to accessory apartment criteria and clarification on the four (4) criteria that City Code outlines in terms of what is considered an accessory apartment.

Based on discussion.