Phoenix City Council allows homeowners to build casitas in backyard, with some limits

Phoenix City Council voted 8-1 on Wednesday to allow homeowners to build accessory dwelling units in their backyards — but with the stipulation that these backyard casitas not be used as short-term rentals.

"It is now much easier to build a casita at your home in Phoenix," said Phoenix Mayor Kate Gallego at the Sept. 6 Council meeting.

ADUs are similar to a guesthouse, but the big difference is that these newly approved ADUs can have full kitchens and be livable on a full-time basis. The city's planning and zoning department had already recommended approval of zoning changes to facilitate more housing options in the backyards of existing single-family homes, and the city's planning commission approved the text amendment on Sept. 3.

Before voting on the issue, Council members said their constituents were very clear they were against ADUs being used as short-term rentals.

These units built in the backyard would help families stay together, said Gallego, considering ADUs can offer opportunities for multigenerational living, including aging parents and adult children. It also would allow housing to be added within the existing footprint within the city limits, Gallego said.

Any new development on homeowner property would still require permits.

Councilman Jim Waring, who represents District 2 in northeast Phoenix, cast the lone vote against ADUs. He expressed concerns about the ability to enforce the rules keeping short-term rentals out of ADUs.

Proponents of ADUs say they would help add more residential units at a time when Arizona is short 270,000 housing units, according to the Arizona Department of Housing.

Courtney Gilstrap LeVinus, president and CEO of the Arizona Multihousing Association, told the Phoenix Business Journal ADUs are a good first step but said this won't address the housing shortage.

"Tucson passed their ordinance two years ago and I think only 60-plus units have been permitted," she said, adding that she has no idea how many have actually been built.

Jason Morris, a zoning attorney with Withey Morris Baugh PLC, said that the city did a good job of addressing concerns voiced by opponents of ADUs — particularly worries about parking and the proliferation of short-term rentals.

"Like any new ordinance, there is always community concern about the potential impact of change – especially in this instance where you are adding density, or the ability to increase density in a residential area," Morris said. "That said, Phoenix did this well. The process was vetted by all the Villages, and was introduced to neighborhood groups as well as the business/development community."