City looking to adjust accessory dwelling unit regs to address housing

In an effort to make more affordable housing available in Whitefish, the Whitefish Planning Board discussed changes to the city code that affect accessory apartments — now called accessory dwelling units (ADUs).

The goal is to streamline the process so more housing for working locals can become available. The City believes that easing regulations will help relieve the housing shortage by facilitating the construction and rental of ADUs.

The planning board voted unanimously to recommend the changes after discussion and public comment Thursday night and the issue will be addressed at the Whitefish City Council meeting on April 4.

According to the staff report, changes include allowing both attached and detached units to be constructed as accessory dwellings. Previously, an ADU had to be attached to the home or to the garage.

If the change to regulations passes, owners will also now also be allowed to rent out both the ADU and the single-family home. Existing regulations limit the size of ADUs to 600 square feet. The proposal changes the limit to 800 square feet.

“From staff’s perspective, we are concerned about being too prescriptive and the more prescriptive we are the (higher the) cost,” explained Senior Planner Wendy Compton-Ring.

The revised code also includes some incentives to build and rent out ADUs. People who volunteer to deed-restrict their ADU for five to seven years would potentially have impact fees and building permit fees reimbursed.

The staff recommends changing the review process for all accessory units to a permitted use and if the ADU is deed-restricted for a local resident, an administrative conditional use permit (ACUP) would be required.

The board approved the proposed amendments to the ADU regulations unanimously. Chair Steve Qunell provided some perspective and reiterated that the goal of the changes was to streamline the process of making ADUs a viable housing option.

“We are trying to streamline the process,” Qunell said. “And hopefully, if this becomes an (administrative conditional use permit) and the boxes are checked and the people have looked at the guidelines, we have to put our trust in the staff to say, yes this works, it’s ok.”

He added, “Because now, we are jamming up these things not only for the people who are trying to build them but for the planning board and for the council having to review these things which adds to the cost.”

Board member Chris Gardner said he wasn’t overly concerned about the changes and didn’t believe they would cause a huge, immediate impact.

“Realistically, we’ve had 39 (ADUs) built in 16 years so I don’t think we’ll see an explosion of them with the cost of construction being probably $350 per square foot,” Gardner said.

Three citizens spoke during public comment, two in favor of the amendments and one had more philosophical concerns. Rhonda Fitzgerald warned the board about a potential loophole that could turn the ADUs into short-term rentals.

“By being able to rent both units you are creating an investment opportunity instead of homes,” Fitzgerald said. She also had misgivings about allowing larger ADUs, saying they should be proportional to the size of the house.

The board said the requirement of long-term leases helped assure the units would be used for housing. The city’s definition for deed restrictions states the unit must be rented with a term lease of no less than six months and must be rented for 10 months in a 12 month period.

The staff also recommended creating a booklet of guidelines for people interested in building an ADU. It includes suggestions like providing privacy and outdoor space for each ADU as well as design tips so they coordinate with the home. At the meeting, Compton-Ring discussed several other points that could be included in the booklet for potential ADU creators.

This matter will be on the agenda for the city council’s April 4 meeting and Qunell said he hopes to get this settled before the summer building season.