The Boulder County Commissioners unanimously approved allowing accessory dwelling units to be built as part of the Marshall fire recovery on Thursday.
Following a three hour hearing, commissioners agreed to a text amendment that allows those impacted by the Marshall fire to build a “disaster recovery unit” through an expedited process.
Under the previous Boulder County Land Use Code, an accessory dwelling unit, or ADU, could only be constructed if it was a family care unit, agricultural worker unit or historical unit and was approved through review. The change is specifically for fire survivors, creating a new classification of ADU specifically for disaster recovery.
The biggest topic of discussion for commissioners was the maximum size that this unit could be. During review, the county’s planning commission said they wanted the ADU to be bigger than 700 square feet but did not come to a consensus on the size.
Ultimately, the commissioners voted yes for a maximum of 900 square feet, though not without dispute. Commissioner Matt Jones said he preferred a 700 square footage limit, but concessed to 900 square feet citing the importance of helping families get back to their neighborhoods.
“At the same time, I want to register my deep concern that we are not following very well the (comprehensive) plan policy of putting growth in cities,” Jones said. “This thing is very open ended.”
Commissioner Marta Loachamin was more open to a larger footprint, though she felt 1,000 square feet would be too large. Commissioner Claire Levy pushed for 1,000 square feet but agreed to 900 following discussion.
“This is a very big departure from existing county policies. I recognize that,” Levy said. “… I think that our comp plan and our policies have served us very well. I do believe what we’re doing here is consistent with what we’ve tried to do.”
Public comments during the meeting ranged the spectrum of opinions on square footage, with some families asking for more square footage while others worried about the increased density the units could lead to in the rural part of the county.
Along with the square footage limit, the homeowner must provide a parking space for the disaster ADU and 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.
The disaster recovery units are considered phase one of a two phase process related to ADU expansion 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. Aside from disaster recovery, 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.
While Jones was worried about the precedent the disaster recovery units might set, Levy emphasized that extending this into the rest of the county will likely look different.
