an ADU is a small residence that is located on the same lot as a single-family home or a primary dwelling, (Brian Neben, Central Nebraska Today)
KEARNEY — The Kearney Planning Commission continued their discussion about Accessory Dwelling Units during their meeting on Friday, March 15.
Melissa Dougherty-O’Hara, Assistant Development Services Director and Melia Smith, Associate Planner, both presented information about ADUs during the commission’s February meeting.
It was noted that Kearney does not allow for ADUs in the community at this time.
Smith said an ADU is a small residence that is located on the same lot as a single-family home or a primary dwelling. As an independent living space an ADU is self-contained with its own kitchen or kitchenette, bathroom and sleeping area.
An ADU’s use is incidental to and customarily associated with specific principal use or building on the same site.
An ADU can be located within, attached to, or detached from the main residence and can be converted from an existing structure, like a garage or built new.
At the close of February meeting, the commission expressed interest in ADUs, to communicate with the Kearney City Council and to discuss if further.
Dougherty-O’Hara said that there were a few ways forward, including forming a sub-committee to provide a report on ADUs and then to submit this to the city council.
However, since this will involve a code change, this will require thoughtful planning and public outreach to gauge the community’s interest in ADUs, Dougherty-O’Hara said, which will take place in the future.
Accessory Dwelling Units
There are several types of ADUs, Smith said, one of which is a detached ADU, a stand-alone home on the same lot as a larger, primary dwelling. Examples include a backyard bungalow or converted outbuilding.
An attached ADU connects to an existing house, typically through the construction of an addition along the home’s side or rear. Such units can have a separate or shared entrance, Smith said.
There can also be interior ADUs, upper and lower levels.
Access to an upper level ADU can be provided through a stairway inside the main home or directly from an exterior staircase, said Smith.
A lower level ADU is typically created through the conversion of a home’s existing basement, if height and safety conditions are met, during construction of the house or as a part of a foundation replacement and house lift, Smith said.
There are also garage conversions, Smith said, a garage ADU converts all or part of an attached or detached garage into a residence. An ADU can also be added above a garage or building a new unit for both vehicles and people.
Dougherty-O’Hara said several peer communities throughout Nebraska already have allowances for ADUs. Those include, North Platte, Grand Island, Hastings, Lincoln, Omaha, Fremont, Papillon, Bellevue and Norfolk.
Grand Island is the only community that allows attached ADUs. Five out of the ten communities require additional parking for ADUs, and the majority require a conditional use or special use permit.
All but two communities have design standards for ADUs, Dougherty-O’Hara said, these include height restrictions, roof pitch and design materials.
Only three of the ten communities have size restrictions for ADUs, which range from 750 square feet to 960 square feet.
Looking at the pros and cons of ADUs, Dougherty-O’Hara said on the positive side, they can help increase housing options and inventory. They can be more affordable and allow for multi-generational living or aging in place for seniors.
Well designed and property maintained ADUs can also help increase property values.
On the other side of the issue, ADUs can lead to increased traffic and more crowded parking. They can also strain public services or existing infrastructure in the area.
Dougherty-O’Hara said they can increase density or overcrowding and could impact the existing neighborhood character. She added that if ADUs are not well regulated or not property maintained, it can have a negative effect on property values.
Local Housing
Looking at the Affordable Housing Action Plan for Kearney, which was adopted in December 2023, there is currently low inventory in both rental and owner-occupied housing in the community.
The rising costs for materials, labor, land and infrastructure has led to a slowdown in building additional housing in Kearney. This means there are limited options for those on restricted incomes, seniors trying to downsize or affordable options across income levels.
There has been a noted desire for smaller homes, 900 square feet or less. However, the report does state that ADUs can pose a concern for off-street parking and infrastructure impacts on sewer, water, etc.
Pending Legislation
At the state level, Senator John Lowe, who represents District 37 and Kearney, has introduced LB 1166.
The bill mandates that regardless of zoning district, an ADU would be allowed and an ADU would be permitted by right, with no additional process like a conditional use permit.
Furthermore, no municipality code could regulate parking, design, set development standards more restrictive than that of a single-family home and permit fees would be limited.
The bill was reviewed by the Urban Affairs committee in January, but no immediate action was taken, Dougherty-O’Hara said.
The floor opened to discussion and several Planning Commission members had issues with LB 1166, especially the fact it would take local control away and put it in the hands of the state.
Chairman Stan Dart wondered, if LB 1166 would pass as written, what would stop an outside entity or absentee landlord from buying up a property and then adding an ADU, which the local municipality couldn’t regulate, and then rent both structures to maximize their profit.
The commission members were in favor of allowing ADUs, but with regulations that were decided locally, not handed down by the state.
The latest information on LB 1166 is that Senator Danielle Conrad, representing District 46 added her name to the bill on Feb. 29.