Last week, Nucla leaders came together for the town’s second public meeting regarding ADUs, accessory dwelling units. A special committee, with Jamie O’Hern organizing, is gathering to review the Town of Nucla’s land use code and ordinances, in an effort to better understand ADUs and how they should be regulated.
O’Hern was cited earlier this year for living in an RV while renting her home in Nucla. She told the committee she’s strapped with a hefty mortgage and doesn’t want to lose her house. She feels she has the right to do what she wishes with her own property.
In the April 22 ADU meeting, Mayor Paula Brown with others discussed the zoning map in Nucla. They discussed the commercial, civic core area and that the town approved a variance for the tiny homes on Fox Street. The mayor said zoning in that area is for protecting and growing businesses though. While O’Hern isn’t in favor of a special permitting system for ADUs, she said perhaps it would be OK there in the commercial, civic core. Other zoning districts were discussed too.
The idea of potentially separating tiny homes from ADUs was also discussed. Though, O’Hern said it seemed “silly” to her that if a foundation is poured, and an ADU sits on that, it’s allowed in specific zoning. But, if a flood were to come through, and another dwelling was placed on wheels and had skirting, in the same place it would be treated differently.
Trustee Tim Pierce said tiny homes on wheels can dump sewage illegally, and permanent structures hook up to utilities. He said following sewer codes is important, as is adhering to the town’s engineering plans. He added that the town always repairs sewer line breaks, but for ADUs, the homeowner must repair that.
There are other things to consider for ADUs in Nucla, Pierce said, because there’s so much variability in lot size. Community leader Tim Tait said surely there’s a standard math equation for lot size and density; Pierce agreed that’s a standard already.
O’Hern said she’s worried permitting ADUs on a case-by-case basis could be too subjective. In fact, she questioned Mayor Brown on why she shot down O’Hern’s ADU permit request.
“To stay in this community, I need to rent my house … “ she said. “I don’t want people to say you can’t make money from your own property. … It’s an asset I own.”
Brown said she reviews such cases as need-based, and she wasn’t sure O’Hern had a real need in her situation.
Destiny Reed, also in attendance and who has an ADU, and O’Hern both would like for town to focus on people breaking other rules, such as trash, noise and sewer violations. They feel there are other, more pressing issues in town. And, O’Hern said she’s already paying a sewer multiplier (extra fee for having the RV on site).
Toward the end of the meeting, the mayor and Trustee Ailene Smith said that there are as many people against changing code to allow more freedoms regarding ADUs as there are supporting freedom for ADUs. O’Hern said those people need to show up at meetings and talk too then.
O’Hern believes changing code to allow for more ADUs could help with housing and business growth. John Townsend, also in attendance, said it’s a housing solution and a way for those without generational wealth to leverage what assets they have. Community leader Aimee Tooker said she doesn’t want town officials picking winners and losers for ADUs; she wants clear guidelines and set parameters.
The next meeting aims to discuss what those details could be. O’Hern has a working draft of code changes, but she’s not ready to propose any ordinances just yet. The group is set to meet again on May 5.
Pierce said he cautions the ADU committee, because developers, especially east of Nucla, have the money to buy up properties and jam as many units as they can onto them, which could radically change Nucla.
O’Hern said she doesn’t want to create additional bureaucracy.