Accessory dwellings considered by Manatee

East County’s Patricia Petruff finds herself in an awkward position as Manatee County considers an ordinance to allow accessory dwelling units.

The units, as proposed, are accessory and subordinate structures to the primary home but can have their own kitchen and bathroom and be used for guests or as a rental.

Petruff, nearing retirement age, is looking for ways to stay on her 1-acre property along Braden River. Her more than 3,000-square-foot home is simply too large for her now, but she does not want to leave its comforts until it becomes

necessary. She said an ADU could be a perfect solution because it would allow a separate living area for a caretaker, for example, or she could live in the ADU and rent out her larger home. Her property, however, is in a coastal evacuation area, which it currently would not be eligible for having an ADU.

“I need a solution for keeping me in my house for the longest time possible,” Petruff said. “The answer can’t be, ‘You live in a coastal evacuation area, so you have no option except to live in your house with a stranger.’”

Under the county’s existing regulations, Petruff could have a house full of relatives, but she cannot have a separate structure on her property that could house a person who could provide her with assistance, such as just checking on her or taking her to appointments.

Manatee County commissioners on Aug. 4 talked about a proposed ordinance to allow ADUs, thought to be one way for the county potentially to remedy its affordable housing shortage. It also could provide options for individuals like Petruff, who want to provide a separate living area for a caretaker or relative.

Manatee County staff presented an ADU concept about one year ago, but the notion died. The concept is being reconsidered, and the draft ordinance presented to Manatee County commissioners Aug. 4 reduces maximum square footage for such a unit from 1,000 to 500 square feet (including covered porches) and limited ADUs to one bedroom.

Commissioners said they would like to limit square footage to 650, including a covered porch or balcony.

Property owners also would be required to provide at least one designated parking space.

Commissioners suggested agriculturally zoned properties might need their own distinct provisions for ADUs because so many owners of larger properties like to split land or build homes for their children, for example, on their land.

“Ag almost needs to be its own separate thing,” Commissioner Steve Jonsson said. “Ag is a very unique group of landowners and families that stay there for generations. We shouldn’t make it the same as ‘in town.’”

The board said ADUs on agricultural properties could be larger in size and that there would be no limit on the number of bedrooms. O’Shea said he will work to develop separate criteria for agriculturally zoned properties.

“We want them in the proper places in the proper scale,” Commissioner Misty Servia said.

Under the ordinance, construction of an ADU would have to follow a property’s zoning district standard setbacks to minimize impacts to the neighbors. In planned communities, deed restrictions could regulate against construction of ADUs, though Manatee County will not check to see if an HOA prohibits an ADU during its review and permitting process.

“We don’t look at private documents,” Assistant County Attorney Sarah Schenk said. “[Applicants] have to take responsibility for enforcing that.”

Manatee County Planner Bill O’Shea, who is handling the ordinance, said not every property would qualify for an ADU. There must be sufficient setbacks and capacity for water and sewer, for example.

Manatee County’s staff is expected to bring forward an ordinance for consideration to the Manatee County Planning Commission in October. Commissioners would hear the proposal in November and vote on the ordinance in December.