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The Denver City Council voted on Monday to allow accessory dwelling units (ADUs) in residential neighborhoods citywide, reducing the number of rezoning hearings they must handle and mostly complying with a new state law. ADUs are smaller, secondary homes that can be built on the same lots as single-family homes, providing rental income or space for family members. Previously, building an ADU required a time-consuming rezoning process.

Councilmembers, led by Amanda Sandoval, have rezoned at least 10 neighborhoods in recent years to permit ADUs on all residential lots. The new citywide allowance was supported by several public speakers, including Chris Miller from YIMBY Denver, who urged the council to further increase housing density.

The move is part of Denver’s strategy to add more housing options and address the affordable housing shortage. Councilman Darrell Watson emphasized that while ADUs alone won’t solve the housing crisis, they are a critical first step.

A state law passed this spring mandates more cities to allow ADUs and includes provisions like preventing homeowners associations from opposing ADUs. However, there is still a conflict between Denver’s rules and the state law regarding setback requirements. Some suburban neighborhoods in Denver require 10-foot setbacks for ADUs, contrary to the state law’s 5-foot mandate. Councilman Paul Kashmann defended the city’s standards and expressed willingness to face legal challenges over the issue. City officials are working with state representatives on potential legislation to protect Denver’s design rules.

Denver’s Citywide ADU Project

Denver’s Citywide ADU Project builds upon previous efforts to update building standards for ADUs, ensuring they fit better in various neighborhoods. Before these code changes, the zoning code’s one-size-fits-all approach made ADU design challenging due to complex requirements. With the recent surge in ADU construction interest, revised guidelines became essential. Now, each district zone has specific design standards for ADU construction, considering setbacks, building height, bulk plane, and other requirements to match the neighborhood’s aesthetics. The recently passed zoning code text amendment is complemented by a zoning code map amendment.

There are still barriers to building an ADU

Not everyone will be able to build an accessory dwelling unit (ADU) even with the recent citywide approval of the ADU Project. While many homes will benefit from the zoning changes, the physical constraints of some properties might still pose challenges. Factors like bulk planes and setbacks are often beyond homeowners’ control, and even architects may struggle to find design solutions that comply with these requirements. Even mentioned earlier there are design requirements that don’t match between county and state level criteria; some suburban neighborhoods in Denver require 10-foot setbacks for ADUs, contrary to the state law’s 5-foot mandate. 

However, the citywide adoption should significantly ease the process of starting an ADU construction project by removing some of the existing barriers that previously made these projects difficult to navigate.

Sustainable Design Build (SDB) has been offering general contracting and home design services to Denver neighborhoods since 2016. With extensive experience and knowledge in building ADUs, SDB can help you navigate the complexities of ADU construction. If you are interested in building an ADU but don’t know where to start, contact us or visit our website for more information.

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