Planning Commission Weighs Easing In-Law Apartment Regulation

If you want to convert your walk-out basement into an apartment for your aging parents, or provide your newly-minted college graduate with an apartment at home, or, even, to convert your garage into an apartment for some extra income, you need to get a "special use" permit from the town. Wednesday evening, the Planning Commission discussed eliminating that requirement.

"Why do we need to make someone jump through a hoop unnecessarily?" said NK Planning Director Jon Reiner. If someone can meet all the development standards, why are we making them go through the application process, he argued. It takes months and costs $600 to $700 (possibly more if an attorney is used), he said. In the six years he's been with the NK Planning Department, Reiner said every application has been granted. 

"I don't think it's that burdensome to make people get a special use permit," said Jeff Michaelson. "It leaves one of the checks and balances out there."

"The number you've been getting might be because they're regulated," said Planning Commission Chairman Chip Gardner. Typically, there have been four or five applications a year. A couple of Planning Commission members said they were worried dozens and dozens of residents might apply. 

"I don't think the process is stopping it. I think it's just an expensive hurdle," said Reiner.

According to the regulation, to have an accessory apartment, the owner must live in the primary residence. "It's not turning single-family homes into a duplex," Reiner said. In other words, a person can't decide to split his house into two apartments then move to Florida and rent out both units.

"Maybe a sunset provision is something that might work," said Gardner – suspend the need for special use permits for a year and see just how many applications are processed. If the floodgates open, then the town would be able to easily restore the clause in the ordinance calling for a special use permit.

The Planning Commission asked Reiner to come up with an amendment to the ordinance, which they would consider. If passed, it would go to the Town Council for their approval. 

"It's my opinion that we'll not see a huge influx of accessory apartments," Reiner said.