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Boulder County contemplates ADUs for Marshall fire victims

Expansion of dwellings countywide to be considered in the future
Near McCaslin Rd. and Hwy 128 overlooking Superior9 (1)
Smoke rises over Superior in the aftermath of the Marshall Fire on Dec. 31, 2021.

Boulder County is considering allowing accessory dwellings for those rebuilding after the Marshall fire, which could later expand countywide.

The Boulder County Planning Commission met Wednesday to discuss a proposed text amendment that would allow those impacted by the Marshall fire to build a “disaster recovery unit” through an expedited process.

Under the current Boulder County Land Use Code, an accessory dwelling unit (ADU) may only be constructed if it is a family care unit, agricultural worker unit or historical unit and is approved through review. The changes proposed to the planning commission would be specifically for fire survivors, creating a new classification of ADU specifically for disaster recovery.

As proposed to the planning commission, the disaster recovery unit would be limited to 700 square feet, and that was a major point of discussion for both the public and planning commissioners.

According to a survey put out to about 100 people in unincorporated Boulder County, including 69 people who were directly impacted by the fire, about 70% said they were interested in building an accessory dwelling on their property and even more were supportive of neighbors constructing one.

More than half of respondents also thought the ADUs should be at least 1,000 square feet. Many members of the public, including people who lost their homes in the fire, said at the hearing that a 700 square foot unit would not be sufficient to house their families.

“There is no way we are going to be able to have a happy, healthy home in 700 square feet while we rebuild our house,” said Phil Bostley, whose family of four lost their home in the fire. “I’m a little bit frustrated with the process here. I feel like there was a lot of hoopla around asking for feedback from the community, and it seems that the community overwhelmingly supports something larger. It seems like that feedback is being ignored in the short term for the sake of the long term state of the community, which really just doesn’t help those of us who lost our homes.”

Other members of the public did speak about their concern about the density impacts this might have in a rural part of the county.

As presented, the homeowner must provide a parking space for the disaster ADU, which also needs adequate water and sanitation. Additionally, the ADU could not be used as a short-term rental and must remain in common ownership with the rest of the property, among other requirements.

Commissioners spoke extensively about the square footage issue, trying to balance the size of the units with impact. They agreed that the size should be larger but proportional in some way to the rest of the property to ensure the unit is not larger than the original property.

Following unanimous approval by the planning commission, this recommendation and others discussed during the meeting will go to the Boulder County Commissioners for a hearing at 12:30 p.m. Aug. 4, where the public will again be able to comment on the proposal.

The disaster recovery units are considered phase one of a two phase process related to ADUs in unincorporated Boulder County. The first phase was pushed through relatively quickly specifically for people impacted by the Marshall fire so that victims can make financial and housing decisions.

The second phase will be a more in depth process to look at the possibility and impact of expanding ADUs in the county. Right now, ADUs may only be occupied by someone being cared for or a carer of someone in the primary dwelling, an agricultural worker for the farm the dwelling is on or on a historic site by someone working to restore it.

The planning commission indicated that ADUs allowed for the county as a whole might be smaller than those allowed for disaster recovery, if and when that is approved. Those ADUs would also be subject to more review than the disaster recovery units.