Memorandum

City of Lawrence

Planning Department

TO:	David L. Corliss
FROM:	Sheila M. Stogsdill
CC:	Debbie Van Saun
Date:	September 27, 2006
RE:	TA-03-02D-06:  Text Amendment regarding Accessory Dwelling Units

TA-03-02D-06, a text amendment to Section 20-534 of the Land Development Code, proposes changes to the standards for the location of Accessory Dwelling Units in RS Districts.  This text amendment was a part of a number of revisions forwarded from the Planning Commission’s April meeting and placed on the May 16, 2006 City Commission agenda.  This revision was deferred from that agenda so that Staff could explore issues raised by Bill Mitchell regarding the potential abuse of this provision.

Mr. Mitchell’s letter dated June 6, 2006 suggested that the definition of ‘Owner’ be revised and that the Development Code be amended to include a definition for the term ‘Occupant’.  These issues were examined in the text amendment TA-06-04-06 which was considered by the Planning Commission at their August 30, 2006 meeting. 

Legal staff reviewed the proposed definition suggested by Mr. Mitchell and recommends that no change be made to the current Development Code definition for "owner" and that adding the term "occupant" is not needed at this time.  The proposed change would affect the entire code not just Section 20-534 pertaining to Accessory Dwelling Units. Because the change has broad implications to the newly adopted code and potentially unanticipated consequences, staff would not recommend the change.  Legal staff also compared the current code definition for "owner" with other cities in Kansas, Missouri and Colorado, and determined that the definition is consistent with the planning codes in other communities. Staff will continue to monitor enforcement issues, with assistance from the Planning Department and Neighborhood Resources Department, and, if necessary, may recommend amendments in the future. 

TA-03-02D-06 has been returned to the City Commission agenda, along with TA-06-04-06, following Staff and Planning Commission review of the issues raised by Mr. Mitchell.