By LeAnn R. Ralph
MENOMONIE — Maybe you have heard of them referred to as “mother-in-law apartments” or “mother-in-law flats.”
The technical term for a second dwelling on a parcel that can be used by a family member or a caretaker is an “accessory dwelling unit.”
The Dunn County zoning office receives inquiries about ADUs perhaps 10 times each year, but the Dunn County Planning, Resources and Development Committee at the January 26 meeting declined moving forward with an ADU ordinance based on the idea that there are already other options in the county’s zoning code.
Dunn County’s existing zoning ordinance does not allow more than one principal structure per parcel, said Bob Colson, Dunn County zoning administrator.
To accommodate building a separate dwelling for a family member or a caretaker, a landowner can split an existing parcel into two parcels, can add living quarters to an existing house, can rezone to Residential 2 so that the existing house can be remodeled into a duplex or can rezone to Residential 3 multi-family residential so an ADU could be constructed on site, Colson explained.
When the county’s zoning ordinance was rewritten in 2012 and 2013, ADUs were considered, he said, adding that the problem is — no one lives forever.
If a second dwelling is built on a parcel, and the person for whom the dwelling was built dies or moves into assisted living — then what? Colson asked.
The use will change at some point, and then the second house will most likely become a rental unit, he said.
Affordable housing
During the rewrite of the zoning ordinance, several townships raised the question of allowing duplexes in districts zoned R1, but they did not want rental units in single family districts, Colson said.
Another concern is that people are associating ADUs with affordable housing, he said.
Affordable housing was addressed in the zoning ordinance by removing minimum square footage for a dwelling. All dwellings must meet residential codes, but there is no requirement for minimum square footage, Colson said.
The mother-in-law flat today “may be an Airbnb tomorrow,” he said.
Airbnb, Inc., is an online company for vacation rentals based in California that maintains a marketplace accessible through the company’s website or by using an application for cellular telephones.
People who answered a 2018 survey by AARP had the following responses about their reasons for wanting an ADU, Colson said — 84 percent of those surveyed wanted an ADU as a home for a loved one; 69 percent said they wanted space for guests; 67 percent said an ADU would increase the value of their property; 53 percent said they wanted the extra income from renting out the ADU; and 60 percent said an ADU could be used as housing for a caregiver.
The long-term consequences of allowing ADUs must be considered, Colson said.
Should rental units be allowed in R1 districts? Should the county try to impose deed restrictions on the ADU so that only grandma can live there? Colson asked.
The zoning office receives calls weekly from people lodging complaints about others who are not following the zoning ordinance, he noted.
Urban vs. rural
The county must decide if ADUs are the best long-term interests of the county and the residents of the county, Colson said.
ADUs are becoming more prevalent, but ADUs are most often located in urban areas, and Dunn County is rural, he said.
In most instances, an existing parcel can be split into two parcels or else there is land next door that can be purchased, Colson said.
Diane Morehouse, county board supervisor from Menomonie and a member of the PR&D committee, asked if any of the surrounding counties had an ADU ordinance.
No — most counties in Wisconsin only allow a single structure unless the parcel is zoned R2 or R3, Colson said.
A deed restriction requiring the ADU to be owner-occupied could be implemented, but if the property is sold, the buyer may or may not want to follow the deed restriction, and then it becomes a matter of how do you enforce the deed restriction, he said, adding, “How do you undo what was done?”
Allowing ADUs “sounds nice,” but people will try to cut corners wherever they can, and the zoning office deals with such issues weekly, Colson said.
If people want additional living space, they can do it within the existing zoning structure, said Tom Quinn, county board supervisor from Downing and chair of the PR&D committee.
On the other hand, ADUs could contribute to the viability of rural areas and be an asset to rural tourism, he said.
Gary Bjork, county board supervisor from Colfax and a member of the PR&D committee, said he liked the option of a rezone to R2 or R3 because town boards can then discuss the issue and make a recommendation to the county.
And how close would the extra dwelling have to be? Bjork asked, adding could it be a mile down the road or would it have to be next door?
During the surveys for the comprehensive land use plans, people living in rural areas said they wanted to keep the rural areas rural, Bjork noted.
Airbnb
Airbnbs are now on the zoning office’s radar, Colson said.
People have purchased houses to rent out as Airbnbs, and now there are parking issues and other problems. An Airbnb is a broader issue than an ADU, he said.
Morehouse said she was not comfortable with closing the option for an ADU ordinance completely and that it should be examined in more detail.
There are probably some aspects of the zoning ordinance that could be clearer to help address the issue of affordable housing, Colson said.
Farms
In areas zoned for agriculture, farms are allowed to have more than one dwelling, Quinn said.
In all three of Dunn County’s agricultural districts, a separate house is allowed for family or for hired help to live in, Colson said.
The second unit is for a farm-related purpose, but over time, the second farm dwelling could have some of the same issues as an ADU, he said.
From the discussion, Quinn said he concluded that while the PR&D committee was not ready to move forward on writing an ADU ordinance right now, county staff could still continue to work with landowners on current options available through the zoning code.
The PR&D committee can gather more information and see how ADUs might apply to rural areas in the future, he said.
The issue of an ADU ordinance can be set aside for future discussion, and the PR&D committee can remain open to gathering additional information, Quinn said.
