Twilight Zoning in Bellingham: Alice in ADUland

Monday, April 13, 2009

Alice in ADUland

"We're all mad here."
- Lewis Carroll, Alice in Wonderland, Ch. 6

Recent emails sent to me by homeowners on Iowa Drive describe having found themselves falling down the rabbit hole into ADUland [ADU – Accessory Dwelling Unit]. A long time problem home (described as having been occupied by squatters) on this quiet street abutting Whatcom Falls Park was sold in 2007 to an individual who announced plans to renovate the structure and to add an ADU. Relieved neighbors were happy to see someone who not only wanted to renovate the home but also was thrilled to be living near a park. The addition of the ADU was problematic from the start because of concerns over parking. Nonetheless, with the planned inclusion of a circular driveway and a four-car (tandem) garage, the ADU was approved by the city.

The owner moved into the main house and rented the ADU but over time this arrangement became blurred as the owner began to rent the main house, too. Since then, it has become a vacation rental that is advertised, even at this moment, on Vacation Rentals by Owner (VRBO.com). The four-car garage is now being used for storage according to Iowa Dr. residents thus negating a portion of the arrangement by which the ADU was approved. Cars now spill from the “circular driveway” into the street. The rental is currently being touted on VRBO thus: **Now accepting offers for the Vancouver 2010 Olympics. The nearest venue, The Richmond Olypmic (sic) Oval, is only 48 miles from the home** Laissez les bons temps rouler!

Now the live-in homeowners on Iowa Dr. are faced with the fait accompli of an approved ADU. The owner of the property agreed to certain terms to gain approval from the city. He has, according to neighbors, moved into the ADU - sort 0f- but now seems to be ignoring both the spirit and the letter of that agreement and the law. (The owner must live in either the main house or the ADU. Click here to read the present code on ADUs.) Predictably, the neighbors are facing a time consuming and uphill climb in fighting for code enforcement.

Although this account is anecdotal in nature, it demonstrates that my warnings regarding these seemingly benign additions are valid. Once the Infill Tool Kit is approved and neighborhoods accept them as a means of infill, there will be Iowa Drives all over town. Given the city’s generalized hesitation regarding enforcement and the insufficient number of enforcement personnel, how will the character of our neighborhoods be protected? Enough to drive one mad, no?

[Do you have an ADU horror story? If so, send it to me at zonemaven AT hotmail DOT com.)

4 comments:

Zonemaven said...: Update: I just received this from a resident of Iowa Dr.: "[The] owner of said house on Iowa obviously rented it out again this past weekend. A bus load of people were there and they parked the bus in St. Clair Park."

Buses? This landlord is running a business. No wonder the neighbors are up in arms.; April 14, 2009 at 3:47 PM
mrostron said...: You might be interested in the recent discussion we have started at the Sunnyland Neighborhood forum here:
http://groups.google.com/group/sunnyland/browse_thread/thread/ef7d5740f0424bda; April 24, 2009 at 8:12 PM
Zonemaven said...: Thanks. I have been reading it with great interest!; April 25, 2009 at 2:18 PM
upriver said...: Hi there,
I very randomly landed on this post here. I acutally own the house mentioned in your post on Iowa Drive. Why is what I do there any business of yours whatsoever?

If you have issues with the property I own or the guests we have, feel free to contact me directly. No need to gossip or speculate--I have no secrets and would be happy to address your concerns.

BTW, twice we've had a tour bus of friends come to town--maybe you saw them on the front page of the Bellingham Herald. They're known as March Fourth Marching Band. Not a business at all, but rather a volunteer service and hobby of mine, I book occasional music shows in and around Bellingham. That band has played a few sold out shows here in town and usually stay at our place when in town. Did you really think for a second that I was booking charter buses full of people to rent our house? Who does that?
Reach me directly if you wish to talk more: uprivererik (at ) gmail (dot) com

Also, my wife and I have always lived in either the main house or the ADU. At the moment we have two cars in the garage and none out front. Show me a house on our block that doesn't have cars parked along the street from time to time....

Would you rather we left the house to the squatters, junkies, and mail theives....?; June 18, 2011 at 4:50 PM

The Rationale for Rental Licensing

There is the definitive experience of cities that have already adopted rental licensing and inspections in the face of exactly the same opposition as we saw in Bellingham over the last decade. Ultimately, each of these cities was proven correct in its resolve to move ahead to protect the safety and health of the renters. We already know that the city of Pasco, WA found that 15% of the units inspected under their program had serious life/safety issues. 10% had mold problems. A full 85% had problems of varying degrees. The city of Gresham, OR performed over 1600 inspections in 2009 and issued, as a result, over 4,000 citations. Lexington, KY performed inspections of units near the University of Kentucky and found that 50% had life/safety issues. Sacramento, CA began an inspection program during which one third of the units inspected had serious safety and health issues. The question why does anyone believe that the condition of rental housing here in Bellingham does not mirror that which is found in cities that have the statistics to show that time and time again the condition of rentals in our cities is problematic? All we have had to date from those who oppose licensing are broad statements by the landlords and their paladins that are completely and utterly unsubstantiated. The Zonemaven has searched in vain for the horror stories that these opponents of licensing and inspections have predicted. On the other hand, The Zonemaven did find over 100 cities that have licensing AND inspections without the catastrophic effect for the rental markets that the landlords would have you believe. (See this blog's sidebar at bottom left for list)

One Reason Illegal Rooming Houses Do Not Work

The limit for unrelated persons at a single family home rental is three residents. Leases are signed by three people who then invite additional renters to join them to lower per capita rental rates. The perverse effect is that rental rates tend to rise under these circumstances making it difficult for single families to rent single family homes. Some local rental agencies facilitate this practice.

"To say that a family is so equivalent to a ragtag collection of college roommates as to require identical treatment in zoning decisions defies the reality of the place of the family in American society, despite any changes that institution has undergone in recent years. Only the most cynical among us would say that the American family has devolved to the point of no greater importance or consideration in governmental decision making than a group of college roommates." (Stegeman v. City of Ann Arbor)

That being said, accommodation ought to be made for protected classes, especially non-traditional unions and group houses for the disabled. These classes are laid out in federal and Washington State law.