The recent uptick in the number of applications for agricultural employee dwelling units has led the Eastern Summit County Planning Commission to consider potential amendments to the development code.
The Planning Commission has been reviewing a significant number of applications over the last few weeks, and although the requests meet the technical requirements of the code, county staffers are now questioning if the applications meet the intent of the code.
Under the development code, agricultural employee dwelling units are intended to accommodate agricultural workers for 30 consecutive days or longer. The units are meant to be permanent, residential dwelling units for one single-family either within the same building or as a detached unit on the same lot as the main residence.
However, county staff suspects that some units are being built as guest houses or rental units because of the additional square footage that is allowed. An accessory dwelling unit can be up to 1,000 square feet, while one on an agricultural property can be up to 2,000 square feet.
After the Planning Commission recently reviewed one application, efficacy concerns were raised by county staff, according to Ray Milliner, county planner.
Applicants must prove that they have a “viable agricultural operation” on-site to obtain an agricultural employee dwelling unit permit, but Milliner said the primary issue is the code’s language. The definition for “agricultural operation” was removed in 2017 and replaced with language defining “agricultural activity.” This could include tilling the soil, raising crops and the forage, grazing and raising animals or fish for agricultural purposes.
Staff is required to research whether a property has greenbelt status, which the owner qualifies for if they have 5 acres of land in active production for at least two years. If the production is occurring on a 5-acre farm, the property owner is eligible to apply for an agricultural employee dwelling unit.
According to the staff report, there are only a few 5-acre farms in Eastern Summit County that require full-time employment so the agricultural activity status allows the property owner to build a larger unit than what would be allowed on a similar-sized lot.
“It’s not meeting the intent. No cowboys are flying in from Montana,” said Marion Wheaton, a Planning Commission member.
Changes to state law also require accessory dwelling units within the same building as the single-family dwelling to be allowed in residential zones with no size limitation. In contrast, units in a detached building are more strictly regulated.
Commissioners considered whether to remove agricultural employee dwelling units overall or amend the units to add additional requirements.
Milliner recommended that the Planning Commission eliminate both the agricultural employee dwelling units and the square footage requirement for accessory dwelling units within a single-family home. The detached units may be given an extra 200 square feet to accommodate mechanical equipment and stairwells. Milliner also said they should require accessory dwelling units to be rented for a minimum of 30 days.
Planning Commissioner Don Sargent said there are a lot of strong opinions surrounding agricultural employee dwelling units. Although they used to work well, he suspects they’re now being abused. Sargent said he hopes commissioners can move in the right direction because the units could be “the best affordable housing option in rural Summit County.”
The panel questioned if the accessory dwelling units could be used to solve the housing problem, specifically on the East Side, and how the impacts of water and sewer would be mitigated while preventing the units from becoming too much like duplexes.
Bill Wilde, another board member, said he’s aware of a barn that had six people living upstairs. He also expressed concerns about increased water and sewer use.
The Planning Commission opted to review the amendments and continue discussions before taking action.
“I like it as a way to solve the problem, but it could open Pandora’s Box,” said Planning Commissioner Alex Peterson.