Delaforum

News

February 7, 2007

Accessory dwelling units seen
broadening housing options

Providing for accessory dwelling units was presented to the Planning Board as a "small but important" first step toward implementing the Coons administration's housing strategy aimed at making houses available for purchase by families with lower and moderate incomes.

Meanwhile, a prominent land-use lawyer told County Council he is putting together proposed legislation that he said would encourage construction of more 'affordable housing' in the county.

Anne Farley, general manager of the Department of Community Services, told the planning board that the measure now before Council and awaiting its recommendation is the result of six months worth of "the collective input" from community and business groups. She said it is intended primarily to "adapt existing suburbs" to accommodate the needs and desires of "aging baby-boomers."

The biggest surprise at the board's public hearing on the measure was the near-total absence of opposition from civic leaders and associations, which generally have been vocal in their objections. The audience at the session on Feb. 6 was sparse and only three people testified against the measure.

Rebutting previously expressed views that accessory dwelling units would significantly alter the character of older residential areas and lower property values, Patrick Hare, a Cornwall, Conn.-based urban planning consultant hired by the department, testified that numerous surveys in this country and Canada, including his own, found no evidence of that happening.

More than half of the local governmental jurisdictions in the United States have some provision for that kind of housing, he said. None have repealed laws permitting them nor tightened restrictions, but several have liberalized them and removed 'sunset' provisions, he added. If accessory dwelling unites were detrimental, "there would [have been] a lot of news stories about them," he said.

An accessory dwelling unit is a portion of an existing house or an addition to a house which provides rooms for sleeping and preparing food separate from the rest of the house. The proposed legislation also would expand existing development code provisions for guest houses, reducing the minimum lot-size requirement from three acres to two acres.

The Planning Board and Department of Land Use will decide on a joint or separate recommendations at a business meeting later in February. Council could act on the measure as soon as Mar. 13.

At the hearing, Hare agreed with Farley that relatively few existing houses would be remodeled or added onto as a result of enacting the ordinance. "We do not anticipate a proliferation," Farley said. Hare said a survey of 47 communities showed an average of one new accessory dwelling unit for every 1,000 houses and a maximum of three per 1,000 anywhere. Farley said that data indicates that New Castle County can expect no more than 115 a year.

Board chairman Victor Singer suggested the ordinance be changed to set a limit on the number to be allowed.

Councilman Penrose Hollins, primary sponsor of the measure, said it has been carefully drawn to prevent such situations as absentee landlords taking advantage of it. Present law, he said, allows anyone to rent any house without a requirement that they live there, to expand any house within parameters set by the development code, and to take in up to four borders.

The proposed ordinance would not undo existing deed restrictions nor circumvent the code, he said. It would, however, make housing available to seniors and young couples starting out who are now priced out of the local market. New developments coming on line or going through the planning process carry pricetags upwards of $400,000, he said.

"Our sole intent is to provide greater opportunities," he said, adding that opposition is coming from "a group of people who are afraid of this legislation."

Carol Hegan, of the Sherwood Park Civic Association, said the proposed ordinance obviously is part of an effort by country government "to legalize the establishment of permanent rental units in communities of single-family homes." She cited a purported news report on television station WHYY about a woman enjoying life in a so-called 'granny suite', as part of an effort to "push" legislation which "threatens hundreds of communities in New Castle County that are not protected by deed restrictions."

Hare testified that most accessory dwelling units are constructed to accommodate family members or care-givers. Over time, the ratio of such occupants to outside rental tenants evens out to 50:50, he said.

"Nobody has a problem with anybody remodeling a single-family property to accommodate a family member," said Bill Dunn, of Milltown-Limestone Civic Alliance. But he said the proposed ordinance "discriminates against the homeowner in mature communities of moderately-priced houses" by introducing urban-type housing into communities "that were never designed [for it]."

At a meeting of Council's land use committee earlier in the day, Larry Tarabicos, whose legal practice is largely centered on representing developers, said he is "tired of waiting" for Council to get around to enacting legislation "enabling and encouraging affordable housing."

 So, he said, he has taken it upon him to consult with builders and others and is nearly finished drafting possible legislation which he said he will "deliver to Council and let you take it from there."

He did not go into detail about what his proposal will contain, but did hint broadly at its contents by saying that New Castle County's housing-availability problem shuts out would-be buyers well up into 'moderate-income' status and that the various development and building fees imposed by the county make it "too damn expensive to build affordable housing."

Get more information about this topic

Read previous Delaforum article: Civic groups declare war on accessory dwelling units legislation

CLICK HERE to respond to this article or to express
your views on any topic of public interest.

© 2007. All rights reserved.