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Backyard rentals not the answer

by Mayre Flowers
| December 2, 2014 9:00 PM

A new county proposal to allow backyard rental units, or accessory dwelling units as the county calls them, in many zones throughout the county is not the answer to the county’s affordable housing needs.

As proposed this widespread new county zoning change fails to include provisions that could help secure much needed affordable housing options. Instead it will more likely cause neighborhood and neighbor-to-neighbor conflict.

The lack of oversight and enforcement as complaints arise is an issue, as is the potential for these units to get promoted as high-priced vacation and short-term rentals with no provisions for policing rental activity. With no requirements for owner occupancy of the main house on the property, both units can be rented.

As proposed, neighborhoods are not provided an opportunity for public comment on the addition of these rental units. Quiet neighborhoods will likely see more noise, traffic, blocked views, and lost of privacy.

This zone change needs significant revision before the county commissioners make a final decision on this proposal.

Commissioners held a public hearing on this proposal Nov. 17 and, with the exception of a representative for the Realtor’s Association and a planning board member, those speaking and sending written comments overwhelmingly opposed this new zone change.

Citizens for a Better Flathead joined those urging the commissioners to revise this proposed zone. The changes we suggested included requiring neighborhoods or zoned areas to first petition and show support for the addition of ADUs to their area.

We said this should include a public hearing process and the development of set standards for ADUs appropriate to that particular area. We said a one-size-fits-all policy wasn’t appropriate for the diverse neighborhoods of the valley. We recommended that the size and height of ADUs be capped and extra care be given to retaining existing trees, vegetation, and preventing degrading changes to neighborhood character.

We pointed out that a review of best practices for ADUs, across the northwest and nation, showed that making a condition of having an owner-occupied home on properties permitted to have ADU’s helped ensure they were better managed. We encouraged the commissioners to put guidelines in place that, in return for the right to add an additional rental unit, the rents would be capped to ensure the additional housing would indeed be affordable. We noted that incentives, like property tax breaks, could help secure affordable rental rates as well.

Affordable housing, options for seniors, single parents, and young families to remain in their homes or to find homes in desirable neighborhoods, or to obtain extra income, security, companionship, and services by adding ADUs are all important county and city concerns that need to be worked on jointly by these governing bodies.

Accessory Dwelling Units can play an important role in addressing the evolving housing needs in a community if the standards for, and location of, such housing units are carefully drafted to provide safeguards for the property rights and expectations of those who have invested in homes and property based on the existing zoning and neighborhood character of the area.

— Mayre Flowers is executive director of Citizens for a Better Flathead