Council reviews draft accessory dwelling unit recommendations, hears from residents

During Tuesday’s council meeting, (L-R) Joan Longstaff and Richard Marin, both members of the Edmonds Cemetery Board, offered a reminder of the Edmonds Memorial Day program, which starts at 11 a.m. May 27 at the cemetery. Learn more here.

The Edmonds City Council Tuesday night continued its review of proposed updates to Edmonds City Code that would allow detached accessory dwelling units (DADUs) citywide. Several people testified during a public hearing on the code changes, which were recommended by city staff and the Edmonds Planning Board.

The draft DADU recommendations — approved by the planning board April 24 — are being considered as part of the city’s 2024 Comprehensive Plan update. A decision by the council is expected in the next few weeks.

Edmonds Planner Rose Haas began her council presentation by defining ADUS as “a small residence that shares a single-family lot” with a primary residence. The City of Edmonds currently only allows attached ADUs, but under new state legislation — House Bill 1337 — it must allow up to two ADUS per lot (attached or detached) by June 2025.

The city has been moving to implement the regulations sooner so that they can be included as part of Edmonds’ 2024 Comprehensive Plan update, now underway.

Among the other changes required by the new state legislation:

– No owner occupancy requirements (current city code now stipulates that either the primary unit or the ADU be owner-occupied)

– No parking required within a half mile of a major transit stop (city code calls for one off-street parking space in addition parking spaces normally required for a principal dwelling)

Maximum size limitation no less than 1,000 square feet of gross floor area, defined as the “interior habitable area of an accessory dwelling unit.”

– No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry-door locations, or aesthetic requirements that are more restrictive than for the principal unit.

– Allowing ADUs that are at least 24 feet high.

– Impact fees that are not more than 50% of fees charged for the principal unit.

City staff came up with its own set of proposals for accommodating ADUs in Edmonds, and those were refined by the Edmonds Planning Board, with a final vote April 24. Those recommendations were presented to the council Tuesday. They included:

– ADUs and DADUs should be no more than 1,000 square feet in size on RS-6 and RS-8 zones, and a maximum size of 1,200 square feet in RS-10 to RS-20 zones, which are larger lots. The latter would increase residents’ freedom to build ADUs or DADUs that will work best for them without the crowding that such buildings would generate on smaller lots.

– An extra parking spot should be added for a second ADU or DADU built on a lot, but not for the first. Properties within a half-mile radius of major transit stops will still need to adhere to the parking requirements outlined in HB 1337.

– Impact fees should remain at 50% of the amounts the city imposes on single-family homes, which HB 1337 allows.

Graphic courtesy City of Edmonds.

“For the most part we really wanted to look at regulations that allowed some flexibility,” Planning Board Chair Jeremy Mitchell told the council. He acknowledged that parking “was a huge controversial topic” for the board to address, “and so we met the community half way. There were people who didn’t want to have any parking at all, and there were people who wanted an abundance of parking… to accommodate all these new structures. So we shot right down the middle and we said…for the first ADU, we’ll waive the parking because the principal structure already requires two spaces and then for the secondary ADU on the same lot, that’s where we would add an additional off-street parking space.”

Haas also noted that any request for an ADU permit would have to be reviewed by the city in terms of its compliance with utilities, public works and critical areas requirements, among others.

Some councilmembers expressed their support for expanded ADU options, citing the desire by residents to age in place or to have a place to care for an aging family member. Others were more cautious.

Councilmember Neil Tibbott asked for clarification regarding the state’s total gross footprint requirement of 1,200 feet, and whether that could translate into a two-story DADU with 1,200 square feet on each floor — for a total of 2,400 square feet. City Attorney Jeff Taraday confirmed that such a configuration would be allowed.

Councilmember Dotsch encouraged staff and the council to start “thinking holistically” about the various state housing bills that the city needs to comply with. (These include not only HB 1337 but HB 1110, which requires cities to authorize minimum housing development densities and permit specific “middle housing” types in any zone that allows for detached single-family residences, and HB 1220, which requires cities to promote a variety of housing types and differentiate these housing types to affordability levels.)

“I really feel like we need to dive a little more into all the pieces that are going to impact each individual lot in our single-family neighborhoods,” Dotsch said. “When most people start thinking about living in Edmonds and in a single-family house in a neighborhood, this type of development isn’t the first thing they think about happening next door.”

She cautioned the council to be careful about “going beyond what’s required (by the state) at this point in time because already what’s required is going to be quite impactful.”

Council President Pro Tem Will Chen asked for confirmation that the ADU would be attached to the land deed of the primary residence and that the two structures couldn’t be subdivided, but yet state requirements say the an ADU could be sold. Haas replied that such a sale would be possible through a private agreement between the owners of the residences.

Some councilmembers expressed enthusiasm for having preapproved designs available for ADUs so they could advance quickly through the permitting process. Because that initiative would require separate funding, Planning and Development Director Susan McLaughlin said that it would be pursued after the code is implemented, likely as part of the 2025 budget process.

“The way I’m looking at this is…not everybody’s going to want to build an ADU or DADU,” Councilmember Chris Eck said. “Whether it be cost or they don’t have the need to do it.” She then asked McLaughlin to confirm the assumptions made — as part of the city’s Comprehensive Planning process — for the percentage of housing that ADUs would constitute in Edmonds during the next 20 years.

McLaughlin and Haas explained that the city used Washington State Department of Commerce guidance to come up with a figure of approximately 2,000 in ADUs in the city by 2044 — which is based on 10% of the eligible lots building two ADUs each. “I don’t realistically think — unless we incentivize or reduce a lot of barriers — that we are going to get that 2,000,” McLaughlin said. Haas also noted that ADUs — which typically cost between $150,000 and $300,000 —  are not considered affordable housing. “This is a big investment that a homeowner is going to make,” she said.

Eck then related that she and her husband are in the “sandwich generation” in which they are talking about an ADU both as a way to care for an older relative and a short-term opportunity for a younger relative who can’t yet afford a home.

“I’ve had a lot of conversations to this point with others who are in similar situations,” Eck said. “It’s a very important conversation but again not everyone will choose it. It’s about property owners having those choices.”

Members of the public offered a range of opinions during the public hearing. One resident said he recently retired after spending 50 years building homes, and he was skeptical that Edmonds had enough available lots in sizes that would accommodate an ADU.

Another resident said he was grateful the city was moving forward with the idea of expanding ADU options, noting that he has a parent with Alzheimer’s and has already been working to convert a portion of his existing home into a living space for her.

Edmonds resident Janelle Cass said she believed the ADU policy will have “a downstream effect” on density and she encouraged the council to delay a decision on ADUs — and instead incorporate it into the Environmental Impact Statement process for the Comprehensive Plan.

Greg Brewer of Edmonds said the city should implement the state’s minimum requirements for ADUs and consider expanding them later after the effects of those regulations are more clear. “It feels like the impacts are being severely downplayed by staff,” Brewer said.

Edmonds resident Mackey Guenther said he was excited the city was considering “relegalizing something that has been of a part of our history for at least a hundred years now. ADUs were originally called carriage houses in the early days of Edmonds. If you look downtown, y0u’ll see them all around.”

Guenther also touched on the issue of parking related to ADUs, stating that “if people want more parking spots they should totally have the freedom to build them. And if they don’t want parking spots, they shouldn’t be arbitrarily required to have them.”

He noted that a 2020 Seattle study of parking minimums found that “70% of developments in Seattle with no parking requirements did include some parking.”

In other business, the council:

Edmonds public works employee Royce Napolitino accepts the Public Works Week proclamation from Mayor Mike Rosen.

– Heard a proclamation for Public Works Week. (The Edmonds Public Works Department is inviting the public to a Touch a Truck event from 10 a.m.-1 p.m. Friday, May 24 at Centennial Plaza, 121 5th Ave. N. Learn more here.)

– Voted unanimously to move a proposal for issuing $11.7 million in bond debt for water and sewer projects to the next council meeting for a full discussion.

– Also voted unanimously to send to next week’s consent agenda a measure that changes the date of its monthly council committee meetings from the second to the third Tuesdays of the month. This will allow staff to include the most current monthly financial report in the finance committee meeting packet

— By Teresa Wippel

  1. Great coverage of the Public Hearing!
    Some clarifications of the requirements set by the State:
    The State requires Edmonds to allow ADU/DADUs with up to 1,000 square feet. That is what is in the the staff and Planning Board proposals for smaller lot sizes. The State requires Edmonds to allow two ADU/DADUs, and to allow ADU/DADUs with heights up to 24 feet. That brings us to Council Member Tibbot’s concern: On a small lot where only 1,000 square feet is allowed per DADU/ADU, a family could build a building with a 1,000 square-foot footprint and put one DADU on the ground floor and a second DADU on the second floor, for a total of 2,000 square feet. Edmonds is required to allow such a 2,000-square-foot dual-DADU building in our smallest lot-size zone, RS-6, and in larger lot sizes. That would be two one-story DADU’s stacked on top of each other.
    Also, the State requires that Edmonds allow people to condo-ize their ADU/DADUs. That is what is going on with Council Member Chen’s question. A DADU can be sold just like how any other condo is sold. That is also required by the state.

    1. Nick,
      Regarding Tibbott’s question and Taraday’s answer – “whether that could translate into a two-story DADU with 1,200 square feet on each floor — for a total of 2,400 square feet. City Attorney Jeff Taraday confirmed that such a configuration would be allowed.”

      Thanks for the correction that HB1337 requires a 1000sqft minimum, not 1200sq.ft. However, I think your interpretation of Taraday’s answer, that there could be two 1200sqft DADUS built, one on each floor, is inaccurate. I believe Taraday was confirming that the first floor could be “unconditioned space” ie: garages, storage, and the second floor could be the 1200 sqft DADU.

      Because of the exclusion of “unconditioned space” in the gross square footage definition, the entire first floor could be a two car garage, storage, and a stairway to the main floor. Another reason why Council should not approve 200 additional sq.ft for larger lots.

      I urge Council to keep in mind that a 2400sqft DADU would be much more attractive for developers to build than for property owners in the “sandwich generation” or elders wanting to “age in place.”

  2. As to Mackey’s comment about “Carriage” houses being ADU’s, they were not ADU’s. Carriage houses were a place to keep horses and carriages. A kind of barn in other words. They wouldn’t have typically had anything needed for human living, other than space under a roof. So I’d say that is calling apples of the past oranges and not much of an argument for or against DADU’s in today’s world.

    We have friends who bought an old house in Ballard that still had the remains of an old carriage house on the lot. They tore down the carriage house and built a one bedroom beautiful 900 sq. ft. tiny home on the back of the lot. They now are selling the original two bedroom and the new one bedroom houses for 650K each after legally subdividing the lot. That is the reality of what is going to happen here and it won’t be much in the way of affordable housing. And, thanks in large part to our local State politicians, there is not much of anything that can be done to change this now. Just more headaches for our broke and overwhelmed with problems City government.

    1. Hey Clint, while are correct that most “carriage houses” were not designed for human habitation (which makes sense from the name, as you point out!) and were converted into residences later on – some a while back, and some more recently – I can point to at least one detached garage that was also *originally* designed to contain a residence above, built in 1942: https://t.ly/pH_yR. (So, 80+ years old – not 100, which is my error – but I believe my point that DADUs are a part of our history stands.) I believe there are at least a few other original garage+apartment combo meals still standing in the downtown area.

      I can appreciate your view that adding more homes is mostly bad news for Edmonds. Myself – and many others – are pretty excited about building new homes here, mostly because we think that it’s the *only* practical shot our city has at retaining the income diversity that made Edmonds so facially emblematic of the American dream (which, of course, had some deeply contradictory access disparities) over the course of the 20th century.

      I’ll contrast that with our current trajectory, IMO: to become a “small-town America”-themed playground for wealthy folks (most of whom are, to be clear, perfectly nice, well-meaning people.) I think we can – and should – be more, for more.

    2. My last comment left out a lot of the specific argumentation behind my proposition that “more homes (of all types) -> cheaper homes”, because it’s too much to do justice to in 225 words. The economic literature (meaning studies of real places in the US, not ivory-tower speculation!) is pretty clear on this – Google “filtering” – but I am going to do my best to highlight local evidence for my point in upcoming writing/video work over the next few months, which you will hopefully find on this very website. Stay tuned!

  3. Good coverage of the public hearing. The experienced retired Builder really had some strong points about how current proposed code is not going to be reflected in economic or financial realities. The cost per square foot to build, required code updates, and amount of available lots are naively being conceived.

  4. Two comments. How is requiring no additional parking for the first ADU splitting it down the middle? Most households already have two or more cars. Haas statement that an ADU could be sold seperate from the main residence is misleading at best. You cannot sell any part of the land unless there has been a subdivision of the lot. The primary residence owner still owns the land and must pay all property taxes thereon including for the increased value due to the ADU construction. So, any “private agreement” for the sale of the ADU would really only be a lease in perpetuity. This could negatively affect the ability of the primary residence owner to sell the primary residence and land in the future. It should also be noted that many areas in Edmonds platted in the previous century have covenant restrictions on the deeds limiting the lots to single family dwellings. Check your deed before you launch into an ADU project. The new state law and contemplated Edmonds ordinance does not overide deed covenant restrictions on land except for illegal discriminatory covenants restricting sales to classes of persons due to race religion, creed etc.

    1. The ADU/DADUs can be made into condominiums. Then they can be bought and sold like any other condo. It happens all the time.

  5. The bottom line is there will be lots more houses in various configurations, but there won’t be any really cheap ones designed for first time relatively low income buyers unless they are highly tax subsidized. Edmonds is a town with lots of natural amenities and the historical development vibe as a REAL town (not just another California style strip mall). It will always be a place sought after by people with more affluence than what is the general norm for our area. That could be affected negatively, somewhat, if we fail to figure out a way to keep our exceptional Police and Fire Protection services (in house preferably in my opinion) and have a well managed budget in the process. This is a precarious time for Edmonds.

  6. Janelle Cass’s comment that “ADU policy will have “a downstream effect” on density”has a double meaning. “Downstream” in terms of time, but also in terms of the negative impact that opening this door to developers will have on the health of Edmonds’s streams and, as a result, on our infrastructure. I appreciate that Ms. Cass “encouraged the council to delay a decision on ADUs — and instead incorporate it into the Environmental Impact Statement process for the Comprehensive Plan.” Others have asked Council to expand the focus of the EIS, but so far Council has pushed forward to accommodate developers instead of prioritizing Edmonds residents and property owners.

    Greg Brewer of Edmonds requested Council “implement the state’s minimum requirements for ADUs and consider expanding them later after the effects of those regulations are more clear.” Mr. Brewer’s statement “It feels like the impacts are being severely downplayed by staff,” is obvious to those who are carefully watching the Comprehensive Plan process.

    Implementing the state’s minimum requirements should be a given. As should documenting existing ADUs in Edmonds and surveying how many property owners would consider an ADU. All units can now be counted towards our housing targets. Why is staff permitted to conjecture that the 2000 ADUs target will not be met, without providing any supporting data?

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