From parking and owner-occupancy requirements to building height and room size, many of the regulations for accessory dwelling units in the East Animas City neighborhood mirror those approved for the neighborhoods east of 2nd Avenue and along North Main Avenue. The one major point still to be hashed out is the minimum size for eligible lots./Photo by Jennaye Derge

More to come

Deadline extended for one ADU program; final public meeting for another

by Tracy Chamberlin

As the final strides in one marathon are taken, another starting line lies just a few steps away.

The final regulations for accessory dwelling units in East Animas City are headed to City Council next week. With one major decision left to debate, that process is nearing the finish line.

At the same time, city staff is swamped with applications from residents who are looking to voluntarily register their existing units in the historic downtown neighborhoods and along North Main.

With only a handful of the 125 applications processed, many more units believed to be out there and a deadline extension approved Tuesday, that process is far from over.

Currently, accessory dwelling units, aka granny flats, are only legal in two areas in the city zoned as EN-1 and EN-2, or existing neighborhood 1 and 2.

The EN-1 zone covers the neighborhoods east of 2nd Avenue between 15th and 1st streets. The EN-2 zone includes neighborhoods parallel to North Main and west of the Animas River down to 35­­­th Street.

In an effort to get all the existing accessory dwelling units, or ADUs, registered in the EN-1 and EN-2 zones, the city decided to extend the deadline to voluntarily register from March 31 to June 30. However, that extension comes at a cost.

Residents who apply after the March 31 deadline will have to pay double the application fee, which jumps from $100 to $200.

Although the city has received 125 applications to register existing units, staff does not think that’s all there is. “We believe there’s more out there,” said City Planning Manager Nicol Killian.

City councilors and staff discussed the issue at a meeting Tuesday afternoon. Durango Mayor Sweetie Marbury wondered why residents weren’t coming forward. “The idea is to bring them in,” she said.

Fear. That was City Councilor Christina Rinderle’s response. Some residents might be concerned they would not be up to code, resulting in an application denial from the city, loss of rental income or costly fees.

“The ultimate goal here is to get people to come out of the woodwork,” said Mayor Pro Tem Dean Brookie.

Councilors and staff talked of three top reasons residents could benefit from registering now: variances are being granted, a payment plan for assessed fees is available, and some certainty comes with having a legal unit.

Killian said this is the time the city is granting variances, which would allow units not up to code to be considered legal. If the unit is registered after the deadline or not at all, the owner would lose the chance to be granted those variances.

In addition, the city has set up a plan to help offset the cost of fees, something else owners fear.

Units built after 1989, when the city’s first Land Use and Development Code was approved, could see fees in the $6,000 to $7,000 range, depending on square footage and age. But City Council members and staff want residents to know they are eligible for a five-year payment plan.

Then, once the paperwork is processed and the unit documented, the owner has the benefit of certainty. Increased property value, rental income, as well as insurance guarantees are just some of the other potential benefits. Also with this process, Killian said, not just owners, but neighbors, have assurances.

The same is true for the units in East Animas City, or EN-3 neighborhoods. As are many of the rules.

From parking and owner-occupancy requirements to building height and room size, many of the regulations for East Animas City mirror those approved for the downtown and North Main neighborhoods.

The one major point still to be hashed out is the minimum size for eligible lots.

“It really comes down to what size lot we want to use,” said City Councilor Keith Brant.

During a City Planning Commission meeting last week, the square footage of the lot became the topic of heated debate.

City staff recommended the lot size be a minimum of 8,500 square feet. The commission ultimately voted to recommend a lot size of 7,500 square feet to City Council.

According to city staff, 75 percent of the existing lots in the EN-3 neighborhood are 7,500 square feet or more, while lots at 8,500 square feet or more make up just 45 percent of the pool.

Councilors offered positive and negative impacts of allowing for a greater number of ADUs, including more affordable housing as well as increased parking and traffic. No consensus was reached.

The issue is up for discussion, and a likely decision, at the upcoming City Council meeting 6 p.m. Tues., March 17. As the final public meeting on the issue, it also represents the last chance for residents to speak up.

It’s not the first time the public has had the opportunity to comment. Over the past several months, city staff has hosted three public meetings, conducted one survey and received several comments from residents.

Out of 200 responses to the survey, 81 percent live in EN-3 neighborhoods and over half have lived there for more than a decade. Of all those who live there, 77 percent said they thought ADUs should be allowed.