[BoulderCouncilHotline] First reading questions - ADU rule changes

[Weaver, Sam]

Fellow Council Members and HOTLINE followers,

As we approach our public hearing on June 5 regarding changes to Accessory Dwelling Unit (ADU) and Owner Accessory Unit (OAU) regulations, I thought I would put my thoughts and questions forward in a public manner.

Those in favor of revising these rules state two main motivators: increasing affordable housing options, and expanding the allowed uses of private property.

Personally, I find the provision of more affordable housing in Boulder to be a compelling cause to revise the regulations on these 'alley houses' and 'granny flats'.  We simply need to make sure that what arises from any rule changes are indeed more affordable housing options, and not simply a windfall for existing property owners.

In order to incentivize home-owners to provide affordable options in the form of additional dwelling units on their property, I would propose the following exchange between the community at large, and individual homeowners seeking to install new dwelling units.


  1.  The current OAU size can be increased from 450 square feet to 650 square feet if the provision of permanent affordability is guaranteed with a permanent deed restriction.
  2.  The off-street parking requirement for an ADU or OAU can be eliminated if the provision of permanent affordability is guaranteed with a permanent deed restriction.
  3.  The current ADU size limit can be increased from 1/3 of the dwelling square footage to ½ of the dwelling square footage (up to a maximum of 650 sf) if the provision of permanent affordability is guaranteed with a permanent deed restriction.
  4.  The deed restriction for affordability would limit the rental rates charged to be 75% of the median rent charged for the equivalent apartment in Boulder (e.g., 1-bedroom or 2-bedroom) in exchange for the parking reduction and additional allowed floor area.
  5.  The deed restriction agreement would be completely voluntary - the reduction in limitations on size and parking by the City would be in exchange for the deed restriction that helps us meet our affordable housing goals.  There would still be by-right options for the property owners that would not require any rent restrictions.

My question to our legal staff is whether the arrangements contemplated above would be legal within the constraints of state law and our status as a home rule city.

Attached for background is the change in apartment rental rates from Jan 2011 through last month.

All the best,

Sam Weaver
Member of Boulder City Council
weavers at bouldercolorado.gov<mailto:weavers at bouldercolorado.gov>
Phone: 303-416-6130

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