Secondary suite permit denial sparks conversation From the cover
Current situation
A closer look The city of Pearland’s unied
Pearland resident David Deriso said he had no idea that ling a permit request in December to build an accessory dwelling unit, or ADU, to house his aging mother would be “controversial.” An ADU is a detached building with a living area, kitchen and a restroom. City Council denied Deriso’s request in a 4-3 vote in February, citing concerns that the ADU would eventually be turned into a short-term rental, with council members Tony Carbone, Clint Byrom and Rushi Patel voting for the ADU, while council members Joseph Koza, Layni Cade, Mona Chavarria and Rick Fernandez voted against it. Deriso said his mother’s deteriorating health led him to take out a home equity loan weeks before ling the permit to build the ADU in the backyard of his home in Green Tee Terrace. Despite not breaking ground yet, Deriso said he’s spent nearly $30,000 on the loan. Deriso said had he known about the city’s short- term rental ban, which City Council approved earlier in February, he would have approached the project dierently. He also oered to add an adavit to remove key appliances after his mother dies to ease rental concerns, but said it didn’t resolve the issue.
development code denes accessory dwelling unit as a living space that meets the following criteria: Living area Place to prepare food Restroom An ADU is a subordinate building that is detached from the primary on-site structure, is used as a residence, is incidental to the primary dwelling unit.
“If you wanted to have an accessory building, like a storage building, and it had … HVAC and a kitchen,
ADUs must be smaller than 50% of the primary dwelling unit.
that’s not an accessory dwelling [unit], because it doesn’t have all three of the components. So anytime you remove one of those three, you’re no longer an ADU.” VANCE WYLY, DIRECTOR OF COMMUNITY DEVELOPMENT, CITY OF PEARLAND
SOURCE: CITIES OF HOUSTON AND PEARLANDCOMMUNITY IMPACT
Deriso said city ocials told him that members of his neighborhood expressed concerns that the ADU violated deed restrictions, yet he said his direct neighbors had been very supportive of his decision to build the ADU. Despite having to put a sign in his yard for 30 days notifying neighbors of his intent to build the ADU, no one came to protest at the February meeting.
Deriso said being without the kitchen won’t be ideal for his mom, especially as she gets older. “My mom deserves to be able to cook or boil an egg,” Deriso said. “When I think about what that looks like for the rest of her life, it’s like every meal she’s ever cooked, she’s going [to] have to walk outside and whatever the elements are that day to come eat.”
Why it matters
Deriso said both he and his mom, who recently underwent surgery and is living in another family member’s spare room, couldn’t wait any longer and ultimately applied for a permit to build the unit without the oven, which was approved. Still,
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