Denver homeowners can now build ADUs in any neighborhood without having to go through a rezoning process.

Compact secondary homes can be constructed on the same property as regular single-family houses.

November 19th 2024.

Denver homeowners can now build ADUs in any neighborhood without having to go through a rezoning process.
The Denver City Council recently made an important decision to reduce the number of rezoning hearings they will have to oversee. This move was in response to a new state law, which they voted to comply with on Monday. The decision allows for accessory dwelling units (ADUs) to be built in residential neighborhoods throughout the city.

ADUs are smaller, secondary residential structures that can be constructed on the same lots as traditional single-family homes. They are beneficial for property owners as they provide additional income through renting and can also serve as living spaces for extended family members. ADUs can take on various forms, from converted garages to brand new structures.

The city of Denver has recognized the advantages of ADUs and has implemented them as a strategy to provide more housing options, particularly in residential areas where apartment buildings are not permitted. Led by Councilmember Amanda Sandoval, the council has rezoned 10 neighborhoods in the past few years to allow for ADUs on all residential lots.

However, in a large portion of the city, building an ADU was considered a special request that required a lengthy and expensive rezoning process, followed by final approval from the City Council at a public hearing. This changed on Monday night when the council unanimously voted to allow ADUs citywide.

Councilman Darrell Watson, one of the three co-sponsors of the legislation, acknowledged that in a city facing a severe affordable housing shortage, it's easy to get caught up in the larger picture of needing to construct tens of thousands of residential units over the next decade to meet demand. He emphasized the significance of taking small steps towards empowering neighbors to be a part of gentle density. Watson believes that while ADUs may not solve the housing crisis, it is an important first step.

The council's decision was met with support from various speakers during a public hearing prior to the final vote. Chris Miller, a Denver resident who recently built an ADU on his property, is a member of YIMBY Denver, a grassroots housing advocacy organization. He urged the council to go even further and act swiftly in legalizing more types and shapes of homes across more of the city.

The vote on Monday was the culmination of a multi-year process that involved creating design standards for ADUs that would blend in with all of the city's neighborhoods. Earlier this year, the state passed a law requiring more cities to allow ADUs in residential areas. This law included specific provisions, such as preventing homeowners' associations from opposing ADUs and eliminating residency requirements for property owners to have an ADU on their lot. While Denver's work preceded this bill and the city is largely in compliance with it, there is one area where their approach conflicts with the new law.

The state law states that cities cannot restrict construction by requiring ADUs to be set back from property lines by more than 5 feet. However, in the design standards that were approved by the council last year, some suburban neighborhoods have a 10-foot setback requirement for ADUs to avoid encroaching on their neighbor's backyard. The recent vote did not change these standards. Councilman Paul Kashmann, whose district includes many suburban neighborhoods without alleys separating properties, expressed his desire for the city to defend these standards in court if necessary.

Councilman Chris Hinds, another co-sponsor of the ADU legislation, revealed that city officials are already working with state-level representatives to potentially introduce legislation next year that would protect Denver's design rules.

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