[Note: This article first appeared at NWCitizen]
In a decision that may have an impact on the planned update of Bellingham’s accessory dwelling unit (ADU) ordinance in 2017,
Sue Tanner, the hearing examiner in Seattle, remanded to the Office of
Planning and Community Development (OPCD) for further work their
environmental impact Determination of Non-Significance (DNS) on the SEPA Environmental Checklist
prepared for an update to Seattle’s ADU ordinance . Although the
decision is not binding on Bellingham, aspects of the hearing examiner’s
decision should have an indirect effect on the decision process on ADUs
here.
As reported in the Seattle Times, “Seattle
must halt a proposal to allow more and larger backyard cottages in
order to conduct a more thorough review of potential environmental
consequences, including the possibility that it could lead to
gentrification.” Tanner’s decision states, ““The record
demonstrates that the challenged DNS (determination of non-significance)
was not based on information sufficient to evaluate the proposal’s
impacts…” In fact, most of the questions in the SEPA checklist are
answered “not applicable”. To think that the SEPA statement provides any
useful information whatsoever in determining the long-term effects of
the creation of ADUs in all of Seattle’s single family zoned areas is a
risible notion.
As in Bellingham, certain ADUs are already allowed in the city of Seattle. The
Seattle ordinance would greatly expand their use by allowing ADUs on
smaller lots and even allow building of a cottage and an ADU on single
lot, thus creating three dwelling units on a single family zoned
property. The hearing examiner also found that the OPCD was not only the
proponent but also the decision maker on the DNS, a clear conflict.
Not surprisingly, the same issues raised by Bellingham citizens during the Comprehensive Plan update
this year were in play in the Seattle decision. These issues are the
impact of parking, affordability, gentrification, public
services/utilities, height/bulk/scale and lifetime effects. The examiner
found that these aspects were not sufficiently studied.
Here, the city can expect a substantial push-back by citizens
who, although generally supportive of carefully planned use of ADUs,
suspect that Bellingham’s ADU ordinance update may be used to
effectively eliminate single family zoning creating severe negative
effects on the character of neighborhoods. The year 2017 may prove to be
an interesting one for housing and land use decisions.