Controversial proposal to allow ADUs in Lexington neighborhoods moves forward
Lexington residents who want to convert garages, attics or basements into small apartments may be able to do so soon.
The Lexington-Fayette Urban County Council voted unanimously Tuesday during a council work session to move an ordinance allowing accessory dwelling units in neighborhoods to the council’s meeting agenda. A first reading is expected Thursday. A final vote is scheduled for Oct. 28.
It’s taken more than three years for the controversial proposal to move through the council and the plan has been tweaked multiple times over the years in response to public feedback.
The proposal has gone through a host of changes since it was initially discussed in 2019.
During a September Planning and Public Safety Committee meeting, the council voted not to allow detached units, sometimes referred to as tiny houses. Much of the concerns raised about the ordinance involved detached units, multiple council members have said.
During Tuesday’s work session, a last-minute amendment that would have allowed detached units was defeated.
That September committee vote came after a nearly four-hour public hearing, where dozens of people who supported and opposed the plan spoke.
Those who favor accessory dwelling units include those in the aging and disability community who say the living spaces allow for people to remain in neighborhoods, close to family and out of institutionalized care. Others say the ordinance allows for an affordable housing option when rents and home prices are skyrocketing.
Many that oppose it, including many of Lexington’s neighborhood associations, say the proposal lacks teeth and is ripe for abuse.
The proposal would allow one accessory dwelling unit per lot. The maximum allowed size for an attached unit would be 800 square feet, in most cases. In some cases, depending on the size of the house, the maximum could be 625 square feet.
A key exception is for basement units which could be the full footprint of the house.
The plan:
- Requires an owner to live in the home or the accessory dwelling unit.
- Forces an owner to get a conditional use permit if the accessory dwelling unit is to be used as a short-term rental — such as an Airbnb.
- Limits the number of people in an accessory dwelling unit to two adults and any related children.
- Requires owners to meet with planning staff prior to building an accessory dwelling unit.
The pilot program would be reviewed after a year.
Lexington city planning staff have said many communities who have put restrictions —such as owner-occupancy— on accessory dwelling units have later rescinded those restrictions because too few units were built.
If the ordinance passes in late October as expected, planners estimate between 19 and 190 units will be built.
Several said they wanted detached units back in the proposal
On Tuesday, several people asked the council to allow detached accessory dwelling units or tiny houses.
Patti Logsdon said she has an adult son with autism. Logsdon said she wanted to build a smaller, tiny home on her property to allow her son some independence. Logsdon said there are limited programs to help people with disabilities remain in the community. Many are dependent on Social Security disability payments, which provide limited income.
“I can’t count on a government program when I am gone,” Logsdon said.
Marie Allison built an accessory dwelling unit several years ago but had to jump through multiple hoops to do so. The accessory dwelling unit has helped her autistic adult son and her older mother, who also had to move in with Allison when she became sick.
Allison said she wanted other people to have the same opportunity to care for and live with family members who may need additional help to avoid being institutionalized.
Effort to add detached units turned back
Councilman Preston Worley said Tuesday he thought detached units should be allowed. Worley said additional vetting would make it possible.
“All ADUs should be conditional use,” Worley said. That means all applicants have to go through the Board of Adjustment. Neighbors would be notified through the Board of Adjustment process.
Worley proposed the amendment to allow all accessory dwelling units but only if they get a conditional use permit. Those conditional use permits are typically reviewed after a year.
Councilman Jennifer Reynolds said detached units cost more than converting a garage, attic or basement.
“I disagree that we are talking about equality,” Reynolds said. Even conversion of garage, attics and basements cost money.
Councilman James Brown, who chairs the Planning and Public Safety Committee, said the community supported nixing detached units and he did not support the proposal to send all accessory dwelling unit applications to the Board of Adjustment.
“People are accepting and willing to see how that impacts their neighborhoods,” Brown said. “If we do it in a progressive type of format, we can build trust.”
Brown said the last-minute amendment would breed distrust in the community.
“There’s a lot of perceived fears in regards to ADUs,” Brown said.
The council ultimately voted 10 to 5 to kill the amendment.
This story was originally published October 12, 2021 at 5:54 PM.
