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Metropolitan DC Local Politics
Reply to "Montgomery County zoning: Council wants to change zoning throughout the county to multi-family"
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[quote=Anonymous][quote=Anonymous]Here's a link to a letter that came from Elrich that gives answers to some of the frequently asked questions. https://montgomerycountymd.gov/exec/newsletter/2019/5-30.html Here's one area that concerns me: [b]What are the proposed size limitations for these detached ADUs? Council staff summaries of the PHED Committee discussions refer to limiting the size to the least of "50 percent of the gross floor area of the principal dwelling or 10 percent of the lot area or 1,200 square feet of gross-floor area." It isn't clear whether gross-floor area refers to the footprint of the principal dwelling or the gross-floor area of all levels of the principal dwelling. The detached ADU can be up to 20 feet (2 stories) high. There is also a provision to allow an ADU up to 32 feet long (i.e. a trailer or manufactured home).[/b] If this passes, your neighbor can build or place a two story building in their backyard. Let's say you live on a lot that is slightly over a quarter of an acre. If the county doesn't increase the lot coverage, you can cover 30% of your property with structure. If you have a 2400 square foot house, you could build a two story structure of just shy of 1200 square feet in the backyard, which is a good sized house. NOT a tiny house. Sewer and power would need to run back there. While it seems so unlikely that people could afford to do that, investors can do it. And you pay the price [b]when your property is devalued and your enjoyment of your property is compromised[/b]. If the county allows and encourages this by changing the zoning, this will happen and there's no way around it. As the current law stands, you can already set up a basement apartment for rent and you can convert a detached garage to an apartment. You can already get rental income from your property if you desire. Another issue to consider is the council's assertion that relatives will be living in the backyard house. This cannot happen forever because people die eventually. Furthermore, there is absolutely no way for the county to regulate that. This has too much potential for ADU owners to build oversized structures that encroach on their neighbor's rights to enjoy their property. It is unethical and should be opposed. [/quote] Why would your property be devalued and your enjoyment of your property be compromised? Especially if you're living in a neighborhood with lots big enough to accommodate a 2400 sf house PLUS a 1199 sf house that both meet the setback and property coverage requirements. As for "investors can do it" - the regulation requires that owners of ADUs must live in the principal residence. Also, it's not true that as current law stands, you can already set up a basement apartment for rent. You can in some areas, but in most areas, you can't. Here's a link to the fact sheet: https://www.montgomerycountymd.gov/OZAH/Resources/Files/pdf/2015/class3accyapt_factsheet.pdf[/quote]
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