Density Unlocked
A Guide to Adding Accessory Dwelling Units in Hyde Park
By Nina Hernandez
In much of Austin, building an accessory dwelling unit (ADU) on your property is allowed as long as the lot is zoned Single-Family 3 and has a lot size of at least 5,750 square feet. The ADU can be at most 1,100 square feet and must be separated from the main house by at least 10 feet. You've got to provide a single parking space for the ADU in addition to the main structure parking.
Of course that isn’t the case in Hyde Park these days, which is also governed by several Neighborhood Conservation Combining Districts (NCCDs). The NCCDs essentially serve as a secondary layer of even more exclusionary rules governing what can be built, and ensures that lots in Hyde Park must be 7,000 square feet or larger in order for a garage apartment to be allowed and that they can only be a maximum of 850 square feet in most cases. That, along with the two-parking spot per unit requirement, removes most Hyde Park lots from discussion when it comes to ADUs. Since the NCCDs were created in the early 2000s they have changed the fabric of the neighborhood. NCCDs now ban almost all of the diverse housing types, like ADUs, that were historically allowed since Hyde Park was formed.
While it is difficult to build ADUs in Hyde Park, there are other options that homeowners can potentially use in order to maximize the space on their property.
Accessory Apartments
One option is the accessory apartment, which is a separate dwelling unit on the property that is still contained within the main residence. This means the new apartment must have a shared wall with the rest of the residence, similar to a duplex, with a door connecting the units. It's intended to pave the way for caretakers or "mother-in-laws" to live onsite or help an aging resident stay in their property by enabling them to use it as a rental property.
The main restriction when it comes to the accessory apartment is that it must be occupied by at least one person 60 years of age or older or physically disabled. Other than that, the homeowner must secure an affidavit verifying that condition is met in order to qualify for construction permits. Accessory apartments can't be converted garage space or have an entrance viewable from the street.
One potential snag is that NCCDs require two parking spaces per unit, and so this might be difficult to accomplish in some cases.
Affordability Unlocked
Then there's the city's Affordability Unlocked development bonus program, which eases certain development restrictions in exchange for the creation of below market-rate housing. Any lot in the city, including Hyde Park, can take advantage of this option. Depending on the level of affordability the homeowner or property owner is prepared to provide, the program allows up to eight units on the property. However, you can choose to add just a single ADU behind your home as long as you use it or sell it as an affordable unit. This could be a great option for people with aging parents or younger children that could meet the income requirements or even meet the income requirements themselves and want the option to rent the main house on the property at market rate.
Under the program the city will allow you to build the ADU (or however many units you decide to add up to eight) up to 52.5 feet in height, eliminate parking requirements, relax strict building requirements, allow reduced front and rear yard setbacks, and lower the minimum lot size and lot width. Another advantage is all of these benefits would apply to the entire property, so a homeowner could use all of these advantages for their primary home too - such as being able to build their own home up to 52.5 feet in height, instead of being capped at 30 feet under the NCCDs.
You can learn more about the specifics of this program here:
https://www.austintexas.gov/department/affordability-unlocked-development-bonus-program
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