DADU proposed code change amendments

city council is debating which of the proposed code changes will go into effect and offering their own amendments

magnolia sm.jpg

a DADU used as a short term rental prior to grandfather's retirement

As city council prepares to vote on the proposed code changes to Seattle's single family zones, even amendments have been proposed.  These include owner occupancy restrictions for short term rentals and allowance for bike parking. 

Here is what we think is important.

  • The proposed code changes would remove the owner occupancy requirement. An amendment would add a 1 year requirement for the 2nd ADU. We believe that owner occupancy should be required for all properties with ADUS for a period of time (3 years).

The impact to removing the occupancy requirement is unknown. The environmental impact statement (EIS) prepared as part of the lawsuit doesn't appear to adequately predict the impact from removing this requirement. Detractors note that the EIS does not take into account the increasing trend to sell ADUs and their primary residence separately using a condominium or land-lease agreement. Owner occupancy for a period of time (3 years) is good and should minimize the destruction of naturally occurring affordable housing by speculative developers.  

  • Owner occupancy should be required for all properties used as short-term rentals.

A proposed amendment by Lisa Herbold would prohibit short term rental use for new ADUs. It would be far better to maintain the owner occupancy requirement. Allowing owner's flexibility is crucial to long term planning for those contemplating building an ADU.  The higher rate of return for a short term rental (STR) allows more ADU's and DADUs to be built.  A majority of the homeowner's we work with plan to use their cottages as short term rental at some point.  The magnolia cottage pictured above was rented out as a STR for a few years, which paid for construction, prior to the owner's father moving in.

  • SDCI should closely monitor ADU construction and report annually to City Council. 

Two proposed amendment would monitor ADU permitting and use this seems like a good idea.

  • Garage Space should be included in FAR calculations. 

The current proposal would allow the exclusion of up to 1,000 sq. ft. of garage space for ADUs. This is effectively a parking subsidy. A better solution would be limiting the exempted area to 200 sq. ft. or enough space for one car. One proposed amendment would allow 25 sq. ft. to be excluded for bike parking, seems unnecessary.  

Comments may be submitted to Lisa Herbold

more backyard cottages in 2018

We are looking forward to another busy year doing what we love, designing backyard cottages.  

bryant backard cottage

bryant backard cottage

Last year saw the completion of a record number of backyard cottages and 2018 is shaping up to be another big year for ADUs. In 2017 the City of Seattle had a mayoral election during which housing and livability were major themes. The public and policy makers seem to agree that ADUs have, and will continue to play, an increasingly important role in our vibrant city. 
In 2017 the city proposed code changes to encourage the construction of more backyard cottages and began preparing an EIS to inform the public and policy makers about the possible impacts of these changes. This process is schedule to be completed and the city council expected to vote on the proposed changes this summer.  

Importantly, the Seattle Department of Construction and Inspections (SDCI) has at long last agreed to clarify the rules governing the size of cottages. We estimate that the current system, which is rife with inconsistencies, adds $1,000 to design and permitting costs and over six weeks to the permitting process. We are working closely with SDCI to ensure common sense interpretations for what is included in the allowable gross square footage are adopted into the next omnibus code update. 

Even with the support of city council and SDCI, backyard cottages will continue to face hurdles. Intense competition for material and labor will see another year of double digit construction costs rises for the Seattle area. Rule changes under EIS review won't reduce the cost to build a backyard cottage even if more are built. Permitting and construction scheduling will also continue to be affected. SDCI is starting the year with a temporary hold on new building permit intakes and an ongoing 6-8 week increase in review time on projects already in their system.

In spite of these challenges backyard cottages are still a great option for many families, we are expecting another banner year for backyard cottages. We will be continuing to do our part in the community to maintain and encourage thoughtful planning and exercise patience as the city rolls out new policies and changes.