Elrich Letter Raises Questions About Accessory Apartments

County executive writes to constituents expressing concerns over legislation to allow more units

County Executive Marc Elrich Dan Schere

Montgomery County Executive Marc Elrich says the lengthy letter he sent to constituents last week, expressing skepticism about a plan to amend the county’s zoning code to allow more accessory dwelling units, was written because of a perceived lack of awareness about the change.

The proposal, sponsored by Council member Hans Riemer, would allow ADUs in three additional residential zones of the county, while limiting the apartments to 10% of the size of the property, with a maximum area of 1,200 square feet.

Since January, the council has held a public forum and several work sessions on the Planning, Housing and Economic Development Committee to hash out details, such as waiving requirements on the amount of parking for ADUs near public transit and in Takoma Park.

Proponents of the ADU bill have noted that it will provide more affordable housing for needy populations such as millennials and seniors, while opponents cite concerns over increased traffic, a decrease in property values and the potential for school crowding. The units are sometimes referred to as in-law apartments.

Elrich has opposed the bill from the beginning, but wrote a detailed letter last week, detailing concerns such as the thought that it would lead to the creation of “tiny houses,” parking challenges and the potential for environmental impacts with placement of detached units in backyards.

Asked this week why he wrote the letter, the county executive said very few members of the public are aware of the zoning change.

“Most people in the community have no idea this is happening. I’ve gone to meetings and people are like, ‘What is this ADU thing?’ The council had one public hearing, a couple of work sessions. There’s been no wide publicity about it. You go check the neighborhood associations and ask how many people know about it,” he said.

The council is expected to review the matter at a June 18 meeting.

Elrich added that his letter wasn’t meant to be a “yes” or “no” vote on Riemer’s bill, but encourages residents to contact members of the council with their concerns.

Andy Leon Harney, the manager for Section 3 in the Village of Chevy Chase, said she is worried that the bill opens the door for 32-feet long trailers in backyards, which would cause aesthetic and stormwater drainage issues.

“Power has to get back there. Sewer has to get back there. All these things are not being considered,” she said.

Harney said she disputes the notion that the ADU program is affordable housing, and said the county would be better served by putting money into its existing affordable housing stock, such as the moderately priced dwelling unit, or MPDU, program.

“How would you have money to convert your backyard into an ADU, if you can’t pay mortgage?” she said.

Ileana Schinder, an architect who lives on the District of Columbia side of Takoma Park, said she has had many clients in the District who have added ADUs to their home since the city implemented an ADU program in 2016. She said many of the concerns, such as school crowding, constitute a false narrative.

“They [ADUs] tend to be one bedroom or smaller. The likelihood of someone having children that overpopulate the schools isn’t high,” she said.

The District, she added, has also taken steps to ensure that its ADUs comply with all city ordinances.

“When they [opponents] say, my building is gonna be too close to my neighbor, they [ADUs] still have to comply with building codes such as fire code,” she said.

Schinder said Elrich’s letter largely “stokes fear,” and she wants Montgomery County residents to be educated about ADUs.

“I can understand people’s fears about it, but people who come into these additional dwelling units tend to be younger and older and are part of the shared economy,” she said.

Dan Schere can be reached at Daniel.schere@bethesdamagazine.com