Opinion: Time for city to involve residents in ADU decisions
The debate around allowing
more accessory dwelling units (ADUs) in Boulder neighborhoods has ignored a
number of fundamental issues, and so has unnecessarily turned into a pitched
battle.
First, the objectives are
not clear. City staff cherry-picked from the endless list of comprehensive plan
goals to target having a “variety of housing types.” Some council members want
ADUs to be permanently affordable, in spite of the difficulties created by
state law’s prohibition on rent control. Others argue that ADUs that rent at
market rate will help keep people in their homes in the face of skyrocketing
property taxes. (Boulder Valley School District and county commissioners could
address this by matching tax revenue growth to inflation rather than property
value increases.) And then there are the undercurrents — more people should
have the “right” to live in single-family neighborhoods, Boulder is mainly
“rich, white, and privileged,” Boulder should be a big, dense city, etc.
What is unacknowledged is
that excessive numbers of ADUs will lead to the tragedy of the commons. One
person moving into a new ADU may have gotten what he/she wanted and can assert
that their one additional ADU doesn’t make much impact. But as more people move
in and pressure for even more ADUs, duplexes, etc., the neighborhood will
become less and less attractive, until the damage is done and everyone loses.
Second, city staff have not
helped this situation, because their work have been biased toward more, bigger,
and easier-to-do ADUs without serious regard for negative effects and
neighborhood differences.
In fact, neighborhoods are
being treated as if they were just a collection of fungible housing units in an
economic market that the city can manipulate for some “community purpose.” But
this ignores the reality that neighborhoods are places where people invest
their lives’ resources, and where neighbors cooperate to improve the common
experience. A neighborhood is not just a collection of isolated housing units —
it’s an integrated entity of real people.
Third, allocating a limited
number of ADUs on a first-come, first-served basis doesn’t work. Homeowners are
put in a quandary — if they don’t apply for an ADU first, their neighbor may;
but if they do, they are creating the exact damage that they’re trying to
avoid.
On top of that, the city’s
proposal doubles the allowed size of ADUs, permits ADUs in scrape-offs, and
eliminates parking requirements. So it creates huge incentives to pursue profit
from redevelopment. Then, because the current ADU density is far below what is
currently allowed, staff’s proposed doubling of allowed ADU density would lead
to multiple times as many in reality.
Fourth, this ADU approach
will alienate one neighbor from another — the folks next door don’t get the
economic benefit but get the impacts, which are an economic cost. So it’s one
neighbor against another, completely contrary to the comp plan goal of
preserving neighborhoods. Also, the impacts of co-ops and pre-existing,
non-conforming multi-unit properties are ignored, and no information is
provided about HOAs, covenanted areas, PUDs, etc., where ADUs are not allowed.
The first move toward
repairing the damage is to put the whole process on hold. The only even
marginally pressing issue — illegal ADUs — should be dealt with by empowering
the Board of Zoning Adjustment to grant minimal variances for exceptional
conditions, after real input from the neighbors. (This obvious idea has had
zero traction so far.)
As to the bigger issue, the
council could pick two neighborhoods where the issue is boiling, like Martin
Acres and Uni Hill. Invite a dozen residents who represent varying perspectives
to meet with a knowledgeable facilitator, with staff support, to (1) identify
the particular issues for that neighborhood, (2) quantify the interest in ADUs
and the reasons, and then (3) write up regulations, processes, etc., that would
allow neighbors to work together to solve each others’ concerns. Boulder
citizens are smart and knowledgeable enough to do a great job. The key is just
to pick the right people. Having this selection process be transparent with
feedback from the council has worked well in the past.
Such a process may be
difficult and time consuming, and the final rules will be neighborhood specific
and so more complex. But that’s a small price to pay for allowing people to
work together to try to address their common concerns, rather than having their
lives directed by others. From all I’ve heard, it would be a breath of fresh
air for citizens on all sides who feel more and more disenfranchised and
ignored.