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Amendment could be tacked onto zoning code changes

By: Garrett Andrews//December 1, 2015//

Amendment could be tacked onto zoning code changes

Garrett Andrews//December 1, 2015//

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A plan to streamline and simplify Portland zoning rules for accessory dwelling units hit a bump last week, with a potentially restrictive new provision now before the city council.

An amendment proposed by Commissioner would make it more difficult to build near property lines.

鈥淭he purpose of setbacks is to allow light, air and privacy; it’s right there in the code,鈥 she said.

Fritz is worried that the draft rules as written could allow a wall of ADUs to fully enclose a property owner’s backyard.

Fritz said that at a public forum Monday at Portland Community College‘s campus on Southeast Division Street, between 50 and 60 people expressed their agreement with her on the issue, and only one person raised a hand to show opposition. (She also sought input on Mayor ‘ proposed $25,000 tax on home demolitions; the crowd’s feelings on that issue were evenly split, she said.)

鈥淥nce people are made aware of it, they were like, 鈥楴o, I do not want a new home on my property line,’鈥 she said.

After Fritz proposed the amendment at last week’s council meeting, two of the five commissioners 鈥 Hales and Commissioner 鈥 spoke in opposition.

The updates to the Portland Zoning Code have already passed first reading by the council. It will consider the amendment at Wednesday’s regular meeting. Fifteen minutes has been requested, and no public testimony is scheduled to be taken. If the council approves the code update as written 鈥 and no new amendments are proposed 鈥 they will take effect Jan. 4, 2016. Then a window of sorts would be open for ADU builders. With a waiver on system development charges (representing possible savings to builders exceeding $10,000) set to expire in July 2016, planner Phil Nameny said his office has been contacted by many people who hope to submit plans before SDCs are reinstituted.

The city has worked since January to update its zoning regulations regarding accessory structures as part of a larger effort to modernize the city’s land use code. In this instance, a major goal was to plan based on an accessory structure’s 鈥渇orm鈥 over its 鈥渇unction,鈥 and took aim at the regulations permit-seekers most often contest. The proposed changes, developed with assistance of a citizen focus group and approved by the Planning Commission, would treat residential outbuildings more like garages, Nameny said.

Under the proposed changes, a one-story accessory structure could be built closer to setbacks and property lines. In another, the uniform height maximum for all detached accessory structures would be raised from 18 feet to 20.



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