Rules on guest apartments require one-year study

Stephen Curran

Thursday, June 9, 2005 | 10:18 a.m.

An ordinance suggested as a possible relief for rising housing costs was nearly stalled Wednesday after the Clark County Commission, sitting as the Zoning Board, fell short of a quorum required to adopt the proposed rule.

The near failure of the motion to allow what was deemed as "accessory apartments," separate structures designed for families taking care of grown children or children taking care of infirm parents, came a day after a presentation by county Redeveloping Agency officials who said housing costs were starting to take a toll on middle-income professionals struggling to afford the average $250,000 home in Clark County.

Under the adopted rules, accessory apartments would be limited to homes that sit on at least 5,000 square feet, which commissioners on Wednesday increased from the previous minimum of 3,300. They also dictate that such housing contain a separate cooking area and be no more than 40 percent of the main home's size, up to 4,000 square feet.

They differ from existing ordinances allowing guest homes on lots zoned "residential estate" in that an accessory apartment cannot be rented and does not have a full kitchen with stove, Chuck Pulsipher, a county planning manager, told the commission.

An earlier version of the motion failed in a 3-1 vote after lengthy discussion Wednesday afternoon. At least four commissioners must approve a motion for it to be adopted.

Commission Chairman Rory Reid, who was absent for the first vote, cast a vote by phone in support of a subsequent motion that required a one-year study of the new ordinance. That motion passed 4-1.

Commissioner Tom Collins voted against both motions, saying he had concerns over how utilities would be divvied up under such an ordinance. Commissioner Bruce Woodbury voted for the ordinance in two separate motions and Yvonne Atkinson Gates was absent for both votes.

"If we're doing this to be affordable, there are other ways we can make them affordable," Collins said.

Jack Lindell, a former member of the state Contractors Board who said he owns 10 rental properties in the Las Vegas Valley, said allowing such units would force an undue burden on older neighborhoods that do not have the now-common restrictions found in newer master-planned areas that can create rules that supercede zoning ordinances.

Such units, he said, could create driveways overflowing with cars and homes with too many people.

"When we start dealing with smaller lots, we have problems," Lindell said. "It would basically be a converted garage. It's the cheapest and most convenient way to do it.'

Commissioner Chip Maxfield introduced the ordinance at a May 8 zoning commission meeting. He said concerns about possible loopholes in the rule were unfounded.

"This ordinance change has been very thoroughly gone through,' Maxfield said.

Maxfield and others approved the second motion after a suggestion from about six residents who turned out to speak on the issue that commissioners re-examine the matter in a year.

Commissioner Lynette Boggs McDonald, who said she was "not 100 percent sure" the ordinance was good for the county, voted for the motion, saying it would allow commissioners to alter the ordinance if loopholes are found.

Commissioner Myrna Williams spoke repeatedly in favor of the ordinance.

"When you're talking about these older neighborhoods, you're talking about my house," she said. "They (older people needing care of family members) need a support system, the same as I would when I reach that age. That's what we're looking at."