2001-05-29 PUD
TOWN[: lAK[S
F L ~ N N E:..... DUN I T D E:..... 'V' E:..... L C) F /"'\ E:..... NT,
in Albertville, Minnesota, by CPDC
ACCESSORY RESIDENTIAL SPACE
A.R.S.
A Quiet, Caring Solution to Helping our Children, our Parents and Ourselves to better Home Choices and
Neighborhoods...
With Carriage Homes,"Granny" Flats / in-Law Apartments,
"Boomerang Child" Studios, Aupair Quarters, Housekeepers Quarters"
...& their
PLANNING & DESIGN REQUIREMENTS
revision: May 29, 2001
For CPDCs new neighborhood Towne Ldkes, there dre d series of innovdtions being woven into the Idnd pldn dnd buildings. While w'e
know thdt, given mdrket experience, Towne Ldkes would be d success with reldtively stdnddrd pldnning dnd design techniques, Homer
Tompkins dnd Sherer Bros. hds endbled the effort to provide more thdn the StdtuS quo. With wonderful City pldnning stdff support, dnd
welcome dnd encourdging dpprovdls from both the Pldnning Commission dnd City Council. we dre looking forwdrd to ddding dmenity
fedtures, Pdrk integrdtion not typiCdlly mdde pdrts of new communities...for the IdSt 100 Yedrs.
A pdrt of the development concept viewed dt Liberty on the Idke, included the concept of dllowing edch residence to be pre-dpproved for
ddding dCCessory residentidl spdce. This is certdinly not dn initidl mdrketing necessity. It is, however, the right thing to do. The following pro-
vides d synopsis for why we propose it, dnd ordindnce bngudge to endble this freedom.
Affordability, choice & efficiency in neighborhood design, land use planning and home production are each poised
to become much bigger issues in the coming years.
THE FORCES AGAINST AFFORDABILITY :
INCOMES AND PRICES: Masked by the longest period of apparent economic prosperity in recent history, afford-
able housing choices will become an even more graphic problem, as income growth slows. Further, the inflated
money supply is driving prices of homes (and everything else) even higher.
SUPPLY LIMITS: Coupled with the slowing, minimal real income growth & rising home prices, are the many seri-
ous obstacles to creating an adequate supply of affordable homesites and homes. Among the many supply barriers
are: scarce, easily accessed and easily built-on land, utility extension quotas of the M.U.S.A., typical but exclusionary
city zoning/subdivision ordinances, aggressive anti-growth pressure groups, wetlands, blufflands, shorelands,
woodlands, etcetraland takings, elevating gasoline costs, proper skepticism of both low income / inclusionary zoning
"projects", and lack of effective, informed advocacy by & for the people who would most benefit.
LIMITED PRODUCERS: The short affordable housing supply is also due to the lack of profit motivation. The hous-
ing market has had the strength of a prosperous economy and dual income purchasing power. If demand for status
quo development and homes is high, and all competent builders are operating at capacity, able to sell everything they
ouild, at full price, why build anything different? If profits are higher with higher priced homes, why build less?
THE GAUNTLET: Besides, anything "new" would have to be desigIled from scratch, at elevated expense, and fought
for in a gauntlet of night meetings, with high probability of both conflict and of failure. Many of the most talented and
creative planners, designers, developers and builders will not subject themselves to the interrogations, personal
insults, allegations of dishonesty and all the rest that is part of today's politicized public hearing arena. These are hear-
ings where, the very futures of our new neighborhoods are decided... usually at night, by tired people, often giving
only brief minutes to those who would create better places, to explain complex ideas. Solutions that could yield bet-
ter environments, with more affordable components, for us and our coming generations, for 100-200 years.
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DEMAND: For the first time in recent memory, the Twin Cities has less than a 1 year inventory of lots. But, we're
told, that to meet demand we must build for the region, the equivalent population of Woodbury, each year, for the
next ten years!
Put these four forces together: decreased real income, higher prices, scarce supply, and strong demand, and it's
apparent that we face a bigger challenge in finding ways to provide affordable places for people to live.
But we don't need to look ahead to see the need for change in zoning and subdivision laws. We need only look to our
own parents, and older children just starting out in adult life. Each, for the same reason, have very limited choices for
where to live. And, a May 28, 2001 Newsweek article graph of 2000 census data shows fully 26% of all households
are now occupied by one person. That's double the 13% in 1960.
WHERE WILL YOU LIVE? If your older, the purchasing power of your savings, your "fixed income" is being erod-
ed by inflation-driven price rises and higher property taxes. A great many retired people, having been part of
America's statistic of the lowest savings rate of developed countries, are pressed to find more affordable housing solu-
tions. A great many of us are likely headed for "golden acres"apartment, particularly if you can no longer drive.
It's almost a given that it's illegal to have a place to live independently but with your extended family, where your kids
and grand kids live now. While this living arangement is certainly not for every family, having close contract with a
grand parent has shown significant advantages in childhood development.
If you're a younger adult, just starting out, trying to build a nest egg to purchase a home or pay education loans,
there's no place for you in your old suburban neighborhood... unless, you want to give up all privacy and autonomy,
and move back into your old bedroom next to your parents and kid sister's bedrooms.
A May 21, 2001 Time Magazine article reports Census data showing that "As the economy slows, more adults are
living with their parents. According to the Census, 18 million Americans between the ages of 18 and 34 now do so.
Figures from the Univ. of N. Texas show that 66% of those between 19 and 24 are living at home, compared to 50% in
1980. The figure for those between 25 and 34 jumped to 17.5%, from 7%."
And, there's a pretty strong chance that most of these are homes that do not accommodate shared living conditions
very well. The other difficulties this creates...1osses, are harder to see. To feel like a nomad or intruder where you live
will never engender family bonds, civic pride, a community loyalty, much less the spirit of civic involvement and
"hometown" democratic participation. Unless, of course, we're all willing to make changes. The housing and land
use laws come from many places, but it's clear that the older and younger single adults haven't been involved in their
content.
If our political situation creates laws, that create economic conditions that force between 2 - 7 out of 10 young adults
back into their parents homes, then the least we can do is permit the homes to be designed to accommodate them with
dignity.
UNIFY, OR DIVIDE? Our zoning and subdivision laws divide families, criminalize building homes that encourage
and enable extended family dwelling relationships. Sadly they can also create cold-feeling, "bedroom communities"
where, even though incomes and lifestyles are similar, it's very hard to know your neighbors, much less feel a true
sense of community.
PROHIBITION'S OPPORTUNITY COST: Compounding this and continuing the situation, since accessory resident
spaces are technically against the law, they can't be openly marketed. Though they could be a marketing asset, since
they have been made illegal, this prevents the expensive process of design, cost estimating, engineering, construction
and marketing and refinement from occurring.
Without a gradually growing body of proven plans and covenants / design guides to choose from, developers, buyers
and builders alike are hesitant to consider or incur the cost, even if accessory homes might be approved. Cities, fear-
ing the "unknown", remain at rest, denying ARS's. Or worse, so over burden the approval process that the potential
is reburied under a pile of delays, suspicion, approval applications and fees.
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A MIXED BLESSING: A great store of personal wealth and savings has been gained from wide-spread home own-
ership that came with suburban development. But, we now see some shortcomings of the strict use of the Levittown
land use and home building models. The "sustainable development" movement, no - growth zealots and energy con-
servation groups are given great ammunition because of these patterns of land use, imposed on the country by local,
state and federal laws.
What has taken 50 years to form, will take some time to refine and amend. The first steps and the easiest route is to
find the least controversial, most -beneficial for the least -cost solutions...the win-win solutions. Fortunately, there are
alternatives that are proven and viable...some so old, we almost forgot how well they work and how natural they
appear in older neighborhoods most of us find comfortable, attractive. Neighborhoods that, from a resale standpoint,
are prized by their owners, and those who would have the opportunity to buy.
A QUIET, FIRST STEP TO LESS WASTEFUL LAND USE: One of the least obtrusive, most effective ways to add to the
affordable supply of homes is weave it invisibly and slowly into existing and new neighborhoods. And, to find as many small
potential "suppliers" as possible. This will best be done with the use of "carriage homes", attached to or placed some-
where adjacent to the primary home, perhaps with an accessory garage, on the same lot...existing or new.
To de-criminalize building the "carriage home" or accessory home, by allowing it within most zones, without special
use scrutiny, will have very big impact on home affordability. If popularized nationally, at least one of our country's
vexing problems will be on the way to being partially solved.
Even better, our government's recognition of this potential will set in motion a dynamic producer and supplier of
affordable homes, in the finest American tradition...individual entrepenurial enterprise: Spontaneous, quickly reac-
tive to need and change, flexible, with price fiercely controlled by competition, inventive, innovative, and
user /buyer / market driven.
Many of today's homes are built with bonus rooms over the garage; many with home offices & "flex rooms" behind
the garage or dividable from the main living space. Detached garages and outbuildings are quite common.
Very minor physical requirements and parking space allocation, coupled with removal of the limit on occupancy will
do much to quietly expand the supply of affordable, "apartments". Largely invisible, these new homes and their res-
idents will be re-integrated into the fabric of old and new neighborhoods. And we'll be better for it.
GRASS ROOTS TRANSIT BOOST: There's another benefit of adding residential spaces within single family neigh-
borhoods and some multifamily neighborhoods. A May 28th, 2001 article in U.S. News and World Report shows
Texas Transportation Institute data from Texas A&M University, that Twin Cities drivers endured traffic delays that
lost an average of 38 hours per driver per year. (Other cities drivers lost 40-50+ hours per year). Housing more peo-
ple on the same roads makes sense. Slowly adding residents to existing and new neighborhoods that are more likely
to demand and utilize various forms of transit can assist in making transit accepted and more economically viable.
THE HOMESPUN SOLUTION: Drawing inspiration from Stillwater Minnesota's Accessory Dwelling Unit ordi-
nance requirements, it's possible to dovetail small dwelling space/apartments with P.UD. approaches to land plan-
ning and building design. This will provide a potential for the homes within neighborhoods, where ever they are
allowed, to creatively meet owner needs, wants and lifestyles.
MUCH MORE THAN A BEDROOM COMMUNITY: Traditional neighborhoods have regained appeal ( and
become "newsworthy") in part, because people living in the typical homogeneous suburb, built since World War II
have found some things missing. A compatible blend of housing opportunities, able to be responsive to the changing
needs of homeowners, helps to keep a community active, vibrant and ...alive.
It enables a diversity of residents... of varying ages and interests, of different professions and daily schedules.
Residents, present during the day, or active during more hours of the day and night, make a neighborhood safer.
There are simply more eyes on the streets and parks.
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A NATURAL LIMIT ON USE: In other neighborhoods researched and visited, where such accessory space is not
illegal, (and even encouraged), most homeowners to date have opted, at first, for home and lot plans without accessory space.
At Liberty on the Lake, buyer budget and space constraints are similar to those of other new developments visited.
Based on these observations, and recent experience, most Liberty owners afford and utilize all available space on
their lot and in their home, for their living space only. They don't initially build a ARS. But, these are generally
younger families. Their needs will evolve, and, at least in Liberty, they'll have the freedom to respond, within the law.
PROTECTING THE SINGLE FAMILY STREETS CAPE "FEEL": These factors, then, impose a natural limit on the
number of homes that will incorporate such accessory space, at anyone time. This "unseen hand", alone, would
maintain the desired traditional neighborhood/streetscape "feel" of predominantly detached homes.
However, Architectural Covenants, Review and Design Guidelines further control the designs and plans for all
homes...and those with ARS's.
OCCUPANT SCRUTINY: Some developers have experienced difficulties when too great a difference exists between the
income ranges and lifestyles of residents when mixed within the immediate neighborhood. The Accessory Residential Space
does not create a dominant presence of differing family income ranges. Because of the "accessory" relationship of scale, and
intermittent use, size limitations, and because of the hands-on. close scrutiny of the occupant candidate of the ARS, by the
primary residence owner, occupants of the ARS can be screened for compatibility much more carefully than can, for exam-
ple, occupants of a larger apartment or subsidy development.
ADAPTABLE HOMES: In some cases seen, accessory homes ("granny flats", etc.) once having served a specific purpose
for a family, cease use, and are reincorporated for primary resident-owners needs. This flexibility of adaptable home use and
timing, without additional government constraints, is a key to the practical functioning of such accessory spaces.
RAISED DENSITY? As we see with so many subjects, the simple "sound bite" conclusion use on television often causes us
to miss the more subtle and most significant parts, that convey true understanding. We need what radio's Paul Harvey calls,
"the rest of the story". If we're learning anything about our land use of the past 50 years, it should be that we have not used
the scarce resource of private lands for homes and communities very well.
But, doesn't everybody just "know" that the lower the density, the better the place... right? In fact this "sound bite"
approach to trying to legislate better neighborhoods, by imposing simplistic, lower density limits has, in many cases,
backfired. It has imposed many costs, but the biggest is what the economists call an opportunity cost; the cost of lost
(or in this case, legally prevented) opportunities. Lower density laws limit creativity, design and amenity budgets.
Thought and monies that would have built much more attractive and better spaces and places simply, and sadly are
not there.
So many times, despite the "good intentions", the spirit of a piece of legislation, the letter of the law becomes the max-
imum limit of our actions. This is why the freest peoples (the peoples with the least laws) are the most creative, pro-
ductive .
In planning and design, it is not so much the "what", it's the "how", that determines the quality of place and living.
SPACE FOR AN ACCESSORY RESIDENCE, NOT A "UNIT": The use of an accessory living space, as part of a pri-
mary structure is an on-again, off-again use. The space, if built at the time the primary structure is built, may likely
first be an office or storage. Or, perhaps it is first used as the bedroom area for the oldest child. As time passes and
need arrives, the maturing family may provide space for a young adult returning from college, or a broken mar-
riage...or any other of a myriad number of life circumstances.
Perhaps a family needs to generate extra rental income to offset college tuition for a child. An accessory living space
would could provide this opportunity. In time, and with graduation, perhaps the family wishes to use the space for a
craft area, or a new business start-up office. The lease is terminated, and a new opportunity is pursued.
Because of the changing and unpredictable nature of family life, and the on-again off-again nature of use, to label an
accessory living space as the same as a free-standing, separate dwelling unit, under typical definitions within zoning
ordinances, is not appropriate. Such criteria would,of course, make Accessory Residential Space's a penalty against
the densities needed to make a new neighborhood financially viable and therefore, the ARS's would not be built.
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Worse, given the simplistic negative "understandings" and attitudes about density limits resident with most people
that attend development hearings, to assign a full "unit" status to an ARS would saddle ARS's with assumed bur-
dens on infrastructure and aesthetics that they simply will not impose.
PARKING: The effect of having an accessory living space is, in essence, to add a person to a family, who drives. Most
suburban trip generation calculations use 6-15 trips per day per home. These estimates rarely make detailed assump-
tions of family make-up. The maturing baby boom families have and are seeing more high school age children dri-
ving now, but that will soon decline.
Therefore, the road and intersections designs, based on maximum trip generation estimates, will likely be oversized
for the further maturing residents, especially as their children leave home. Adding, occasionally, another driver back
into a family's home will not burden the in-place road system any more than the new 16 year old driver from the exist-
ing family did, when she got her license.
Of course, however, an accessory home must have a separate, designateable parking space. This, because the desired
autonomous relationship with the primary residents makes inappropriate, the jockeying of cars typical in most fami-
ly's day -to - day life. With any luck, given the potential of Traditional Neighborhood Design, New-Suburbanism, and
the other intermix use planning approaches gaining acceptance, and transit, the issue of automobile use will become
less a dominant factor. But, for the foreseeable future, even in existing smaller lot neighborhoods, close analysis of
available space for parking both on and off street can usually find places for ARS's resident cars.
% OF LOT COVERAGE: Another way cities impose land use, density and building size and use limits is thru max-
imum percentage of building footprint cover and impermeable surfaces. While sometimes based on storm water vol-
ume calculations, most of these laws are written to limit land use for someone's else's concern over aesthetics. Again
with the "sound bite" , simplistic approach that less paving & less building is always better.
The benefits of ARS's are so potentially significant, that the regulations should be amended to exempt these structures
from such "aesthetics" -based rules. Storm volume calculations, of course, must recognize the impacts of added poten-
tial runoff. But, rain-garden planting techniques and other attenuation methods will, in most cases handle the mini-
mal increase in runoff that may be created by ARS inclusion.
ASR'S ARE NOT FULL TIME, FULL SIZE "UNITS", SO DON'T REGULATE THEM THAT WAY: The actual
impacts on a neighborhood's infrastructure will be minimal. Fear of the unknown (which in the case of carriage
homes would actually be "fear of the forgotten", or "fear of the avoided", because there are so many examples easily
viewed, or human inertia (the tendency to continue in the same direction), may be the underlying motive to exag-
gerate the potential difficulties of decriminalizing the building of carriage homes/ ARS's. Hopefully, our elective and
appointed officials will go past the "sound bite" view and do the right thing for their parents, young adults, those who
will become young adults...and all the rest of us. There's a civic-building opportunity that's been lost, to date.
IS THE ACCESSORY RESIDENCE THE ONLY SOLUTION TO AFFORDABLE HOMES? The issue of average
home prices being so high as to move home ownership out of reach of most single people and many two-income families is
big, growing and complex. The size limitation that is appropriate, for most ARS's, imposes a natural limit on the mak~up of
the type of person or couple that might rent or occupy an ARS. But, the ARS is only one good part of the solution
Solving the problem of affordability in homes will not come in one "magic bullet", but by incubating and enabling many dif-
ferent types of solutions. But, the best solutions, as always, will come from the people, if government will only not prevent it.
BUILDING VALUE & TAX BASE: As family size, lifestyle, maintenance and space needs shift over the years of
home ownership, the freedom to incorporate an accessory resident space with a primary home can build longevity
of function, duration of residency and financial value. The latitude to, at some time, add a needed extra private bed-
room "suite", encourages initial and continued investment in a family's home, building a loyalty and participation in
and for the city & community, and a growing tax base...beyond that which would normally be created.
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To make this possible within Seven Greens, if done similarly to other developments, the following requirements
should be part of the PUD General Development Plan conditions. They will be part of the Architectural Review
Committee (ARC) guidelines.
(Note: these recommended regulations are predominantly performance in nature and are based on experience
gained working on numerous Stillwater Mn., Liberty on the Lakes home designs for both cottage, "two family in one
family clothing homes", as well as the traditional lot homes. They are also recommended based on investigation and
visits to well known and respected projects; The Kentlands in Gaithersberg Md., and Harbortown in Memphis, and
others.)
RECOMMENDED
ACCESSORY RESIDENT SPACE
<A.R.S.)
ENABUNG ORDINANCE LANGUAGE
ACCESSORY DWELLING UNITS ARE PERMITTED SPECIAL USES FOR ALL DETACHED AND
ATTACHED HOMES, BUT MUST MEET THE FOLLOWING REGULATIONS:
Definition: Accessory Resident Space ... (A.R.5.), A second potential Residential Space, on a lot, attached or detached
from the primary single family residence, limited in size, clearly secondary, blended with or integral to the primary
residence or other accessary structure or garage, and with other design requirements:
1. ASR's can be placed on any lot with a primary residence present, or built coincident with the primary resi-
dence, if the following performance criteria are met.
2. Maximum ARS size is SOD Sq. Ft.
3. Added footprint areas for ARS and related driveway, sidewalk, terrace/patio areas are excluded from percent
of lot coverage criteria.
4. Height may not exceed primary structure.
5. Primary residence structure and ARS must be hooked up to city sewer and water.
6. Must be located on a home site that has public street, shared-use easement access or Home
Owner Association-maintained access road/ drive.
7. Must have a min. of one, off-street hard-surfaced parking space, designateable, non-tandem (not
behind another space or garage), whether covered or not covered, plus the primary structure's minimum
number of covered and uncovered spaces under the prevailing ordinance.
Access and egress from such space must be accessible by up to 2 forward and 2 backing residential parking
maneuvers of an average size automobile.
S. If ARS is part of the garage structure, ARS must meet garage setback criteria. In comer lots, and
rear yard locations where mutual access and egress easements are provided, garages with or with
out ARS's must meet garage setbacks. ( In rear yards, setbacks can be typically 10 ' to non-garage door walls.)
9. If ARS is integrated into the primary structure, and/ or is exterior extension of primary structure roof,
wall extension, etc., then ARS must meet primary structure setbacks.
10. ARS's may be located on the second floor above garage or home, but exterior stair access, if present, must be
visually integrated / screened/ enclosed with similar materials, design style and detail of primary structure.
11. Trash containers must be kept within the garage(s) or separate enclosure of compatible design and materials
as that of the primary residence, obscuring view of containers from street and adjacent properties.
12. Building materials, lawn or other equipment, if stored outside, must be obscured from view by enclosure(s)
that are consistent materials, color and design and compatible with the main structure.
13. Landscaping and / or privacy fences (of compatible design) should be used to partially screen ARS entry and
or windows if direct views from primary structure or adjacent structure windows or main entry door.
14. All plans must meet Architectural Review Committee criteria and approval.
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