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Jay Cumberland's avatar

Thanks for this! It’s helpful to my practice which focuses on creative zoning interpretation and using functional family law to allow small-scale communal living and multigenerational living arrangements. I’ll be taking a closer look at guest suite and kitchenette laws after reading this.

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Jay Kilpatrick's avatar

While it is true that few object to a "granny flat" or other accessory dwelling intended for family members, objections often center around probable future uses. For example, I once heard a Planning Commissioner ask during a discussion on ADUs, "What happens to that granny flat when granny eventually passes?" Are there creative solutions to this issue short of simply amending the zoning ordinance to allow two-family units?

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Ryan Kilpatrick's avatar

I think we have to ask ourselves if it’s really the job of government to police who lives in your home. Trying to enforce familial status and owner occupancy provisions are a losing battle.

What is the root of the fear that someone unrelated might move into the granny flat? What does the planning commission want to try to control here and is it really the role of government to do so?

What if the owner wants to lease the guest suite to a home health worker? Or a nephew. Or the best friend of their adult daughter.

If all of the above renters are okay, who is the renter we’re actually concerned about? And why?

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