Members of the Montgomery County Council continued Tuesday to hash out details of a proposal that would open additional parts of the county for the addition of accessory dwelling units at private houses.
At issue are several details such as whether the county’s current requirement of 1,200 square feet should be deleted, whether only to allow the units at existing homes and how much parking should be required.
The council’s Planning, Housing and Economic Development Committee took up the zoning changes, proposed by at-large council member Hans Riemer, at its meeting Tuesday morning.
There are 472 accessory units in the county, which doesn’t include those in independent municipalities such as Rockville and Gaithersburg, according to a presentation given by staff of the county’s Planning Board. The units can come in the form of an additions to a house, such as in a cellar, or one that is detached.
“We think these detached units are going to be the exception, not the rule,” Planning Director Gwen Wright said.
Wright added that 1,200 square-foot homes would likely not be built in back yards because it would “be like a house.”
The committee also debated the county’s parking requirements for accessory units, requiring two spaces must be provided – one for the main house and another for the apartment.
Council member Andrew Friedson, whose district includes Bethesda, suggested waiving the requirement for properties that are within a half-mile of Metrorail stations.
“We too often assume that everyone is going to have a car, so I think it would be better if these were incentivized for these to be closer to where transit is,” he said. “Why force someone to pave an impervious surface driveway if that person isn’t going to use a car?”
Riemer, the committee chairman, suggested changing the requirement to any accessory unit within one mile of a Metro station, or future Purple Line light rail station.
Other cases of waiving the parking space requirement would involve an exception, which could occur in a few ways, Wright said, using an example of a house in East Silver Spring with a narrow driveway.
“For them to put in an accessory dwelling unit they would have to figure out a way to expand their driveway, pave their front yard or do something to add a second space. They would have to do that or go to a hearing examiner,” she said.
Many of the accessory units of the 472 are illegal, meaning that they are out of compliance with the zoning regulations, said Housing Director Tim Goetzinger.
The housing department enforces the county code by inspecting the properties, meeting with neighbors and issuing fines if necessary, Goetzinger said. Four in 10 complaints, he said, are unfounded.
Riemer’s proposal has faced staunch opposition both from neighborhood associations that are worried about increased traffic and less parking, as well as from County Executive Marc Elrich, who is opposed to Riemer’s plan on the grounds that it will exacerbate traffic in the neighborhoods that are not close to transit, and are near schools.
Elrich has said he would prefer to focus on making rental housing more affordable.
Elrich’s special assistant, Claire Iseli, was present at Tuesday’s hearing, and expressed concern about the number of illegal units in the county.
“The intractable problem that bothers a lot of communities is the number of accessory communities that are not legal, so that these numbers really mean something,” she said.
Council member Will Jawando asked Goetzinger to compile a list of accessory units, which are commonly referred to as in-law apartments, and include it in the county’s official data portal.
The council committee is schedule to take up theissue again at its April 4 meeting before the issue goes before the full council.
Dan Schere can be reached at Daniel.schere@moco360.media
