By Bob Christie | Daily Independent (abridged)
Arizona House lawmakers have rejected a Republican colleague’s proposal to let homeowners or developers pack even bigger “auxiliary dwelling units” in the yards of single family homes than now — and move them closer to the lot lines of their neighbor’s properties.
The proposal by Rep. Khyl Powell, R-Gilbert, would have been a major change to a 2024 law requiring cities with populations of at least 75,000 people to allow owners to build up to two casitas or ADUs on their lots.
But it was a step too far for a majority of the 18 members who make up the House Appropriations Committee, with Powell’s proposal failing by one vote Monday. The vote came after members heard testimony from homeowners and a lobbyist for the League of Arizona Cities and Towns opposing Powell’s bill.
Most cities changed their zoning rules to allow at least one backyard unit when the 2024 law was enacted. That did not satisfy proponents who cited Arizona’s housing shortage and high home and rent costs to push for the change.
After contentious negotiations, the Legislature passed and Gov. Katie Hobbs signed the new law requiring 16 larger Arizona cities to allow one attached and one detached ADU. Cities were allowed to limit their sizes to 1,000 square feet or 75% of the main home’s size, whichever is less. And it blocked cities from requiring that newly built casitas to be set back from a lot line by more than 5 feet.
Powell’s bill, House Bill 4028, would have eliminated the 1,000 square foot limit while retaining the 75% size restriction.
That would mean that a 3,000 square foot home could build auxiliary dwelling units as large as 2,250 square feet. And it removed the maximum 5 foot setback limit.
Powell said his proposal would not let new units be built any closer to fence lines, but the League’s lobbyist and several homeowners disagreed, saying removing that prohibition could force cities to allow new housing to be built as close as possible to a neighbor’s property.
Powell said he wants to give homeowners the ability to build units that accommodate large extended families, put the new units in good locations on their lots and design the home as they want.
“So we’re simply asking for the towns to allow us to have some more considerations, other than restricting us to limitations,” Powell told the committee. “We’re also asking that the town allow us to build the elevation or the outside appearance of the home the way we want.”
Nick Ponder, the League’s lobbyist, said his group opposed the proposal because it is a major change from the 2024 law that was the result of two years’ negotiations. He said the 1,000 square foot size limit on ADUs wasn’t arbitrary as Powell contends.
“That number was put in there for a reason, and that is to ensure that that dwelling unit is an ‘accessory’ to the main dwelling unit,” Ponder told the committee. “And I will point out that Arizona, what we did in 2024, we have some of the most permissive ADU legislation in the country.”
In addition to allowing homeowners to build two ADUs “by right,” 1-acre properties can construct as many as three.
Besides removing the setback requirement, which Ponder said could theoretically allow someone to build right up to the property line, Ponder also noted Powell’s proposal removes the ability of cities to limit “elevation.”
Read more (subscriber content)
Some stories may only appear as partial reprints because of publisher restrictions.