Lexington to hold public hearing on controversial ‘granny flats’ and ‘tiny houses’
A controversial proposal to allow granny flats and tiny houses in Lexington neighborhoods is moving forward nearly two years after it got initial approval from the Urban County Planning Commission.
The Lexington-Fayette Urban County Council Planning and Public Safety Committee agreed Tuesday to hold a special meeting in the coming weeks to get more public feedback on the proposal.
Councilman James Brown, chairman of the committee, said Tuesday a date for that special hearing will be announced soon. The council will likely take its first vote during that committee meeting.
In October 2019, the Urban County Planning Commission voted unanimously to approve a series of text amendments to city zoning ordinances to allow accessory dwelling units, sometimes referred to as granny flats or tiny houses, but not without some substantial changes after hearing push back and concerns from residents.
The proposal would allow one accessory dwelling unit per lot. The maximum allowed size for an attached unit would be 800 square feet, but the unit could not be bigger than the original house. In some cases, depending on the size of the house, the maximum could be 625 square feet.
An additional parking space for the unit would not be required unless the home is in the infill and redevelopment area, which includes much of downtown. Infill and redevelopment areas have minimum parking requirements. However, a separate proposal could change those requirements. That proposal has not yet been approved.
The planning commission changed the zoning regulations after hearing concerns from the public during several public meetings in 2019.
The changes include:
- Requiring an owner to live in the home or the accessory dwelling unit.
- If the accessory dwelling unit was to be used as a short-term rental — such as an Airbnb —the owner must get a conditional use permit from the Board of Adjustment.
- Limiting the number of people in an accessory dwelling unit to two adults and any related children.
- Owners have to meet with planning staff prior to building an accessory dwelling unit.
The council hit pause on the debate on accessory dwelling units during the pandemic when most of the council’s meetings were held virtually. Council members wanted to wait until the public could participate via in-person meetings before resuming debate.
Those who support accessory dwelling units say they can help with Lexington’s housing crunch. The city’s senior citizens commission and those in the disability community have also backed the proposal, saying it can help seniors and older disabled adults remain in their homes and in the community.
Opponents say the city can’t regulate its current rental units and question how the city can make sure rules are followed.
Based on other cities that allow accessory dwelling units, the administration projects 19 to 190 accessory dwelling units built in Lexington over the next two years if the proposed regulations are approved, said Chris Taylor, a long-term planner for the city.
“It’s very popular nationally but is new to this market,” Taylor said during a committee update on the dwelling units.
The most common accessory dwelling unit is a converted attic or a basement, Taylor said. The least common is a detached structure, which is the most expensive.
But council members said Tuesday they are still being inundated with concerns from residents about the proposed changes.
How will the city enforce rules on accessory dwelling units?
Councilwoman Jennifer Reynolds questioned how rules would be enforced.
Planning Director Jim Duncan said some of the regulations would be overseen by building inspection or building permitting.
But Reynolds pointed out that building inspection does not regulate how many people are living in a home. Too many people living in the units has been a common concern from neighborhoods.
Duncan said those types of complaints would be turned over to zoning enforcement for investigation.
Councilman Josh McCurn said he had received the most complaints about the detached accessory dwelling units or the smaller tiny houses allowed under the ordinance. McCurn asked if some cities have prohibited detached units.
Taylor said some cities had not allowed detached accessory dwelling units but later added them due to demand.
Councilman Fred Brown said the city’s aging population is one of the fastest growing. Accessory dwelling units are an option for that demographic.
“We have to take care of our senior people the best way we can,” Brown said. But Brown said he, too, has heard a lot of criticism about the detached accessory dwelling units and the 1.5-foot setback from an adjoining property line. Many people have said that’s too close to the adjoining property line.
Other council members said there is a misinformation circulating about the proposed regulations.
Councilman James Brown said the public hearing will also detail the changes that have already been made to the proposed ordinance and what the ordinance does and does not allow. To find out more about the proposed accessory dwelling unit proposal go to imaginelexington.com/ADU
This story was originally published August 10, 2021 at 3:59 PM.
