Title
Consider an ordinance amending Chapter 46, Code of Ordinances (2010 Edition), to reduce off-street parking requirements to allow for garage conversion, prohibit residential open storage and regulate air conditioning units. (First Reading)*
Body
The Planning and Development Services Department continues to receive inquiries from homeowners seeking the conversion of their garage into additional living space. Currently, the City requires two garage enclosed parking spaces and two driveway spaces in residential zoning districts, effectively prohibiting garage conversions. Some illegal conversions have occurred over the years that have not been inspected for life/safety code compliance which may mean that converted spaces have inadequate egress, improper electrical wiring, and/or poor ventilation. After presenting some recommendations to City Council at a briefing earlier this fall, staff received direction to move forward with an ordinance amendment.
Prior to the 2002 Zoning Ordinance, single-family and two-family properties were not required to have two garage-enclosed parking spaces. Currently, two garage-enclosed spaces are required, and many newer subdivisions have deed restrictions that prevent garage conversions. An ordinance amendment that allows garage conversions would not override a more restrictive deed restriction prohibiting the practice. The ordinance proposes allowing garage conversions for lots platted prior to 2002 (please see attached list of affected subdivisions). This approach effectively reestablishes a property right that was in effect prior to 2002 for these specific areas.
The proposed amendment contains language to ensure that the conversion is not utilized as a separate dwelling unit and includes standards to assist with the integration of the garage portion of the structure with the architecture. Although not required, if a garage door is removed, new exterior materials must match an existing structure’s primary exterior materials and a window or windows must be installed. Additional entry doors visible from any public street may not be added to the converted portion of the structure. When the proposed amendment was presented to the Planning and Zoning Commission, the Commission asked that language be added so that air conditioning units cannot be installed on street-facing walls. Language was also added which amends the outdoor display and storage section of the Code to prohibit residential open storage. While these two amendments proposed by the Planning and Zoning Commission were recommended based on their need in cases where a garage is converted, the amendments apply to all residential lots, regardless of conversion.
Allowing garage conversions in certain circumstances to occur legally means that the City will require a building permit to ensure compliance with life/safety code provisions. To address compliance with residents who have already converted their garages, Planning is proposing outreach to encourage voluntary compliance through permitting during a specified period of time post-adoption of an amendment. All new conversions would require a building permit and inspection to ensure life/safety and zoning compliance.
This proposed amendment was presented to and recommended by the Planning and Zoning Commission on December 2nd; however, the recommendation received one dissenting vote. The Commission’s main concern was the potential for an increase in parking on neighborhood streets instead of in a garage. Please note that most driveways have been constructed to accommodate up to four cars, and often garages are being used for storage space and not parking. After conversion, a minimum of two off-street parking spaces will continue to be required for each dwelling unit.
Recommended Action
Staff recommends approval.