Neighbors continue to fight against ADU on Judson

After the Landmarks Preservation Commission gave the project the green light earlier this summer, Donna and Mitchell Harrison of 1519 Judson Ave. appealed the Zoning Board's decision that a proposed accessory dwelling unit at 1525 Judson Ave. complied with the city's zoning requirements.

The Harrisons say the ADU is actually in the side yard, not the back yard, of their neighbor's house and that if it were built, it would “decrease the value of their property” and cause them “emotional harm.”

On Wednesday evening, the Land Use Commission rejected the appeal by a vote of 4 to 2 and upheld the zoning administrator's decision.

However, to take final action, the nine-member commission needs the votes of five people, so a final decision will have to await the vote of one or more of the three members who were absent at the next LUC meeting on 11 September.

Omar Salem, a District 65 school board member and one of the owners of 1525 Judson, said he was frustrated that the process took so long.

“I'm frustrated because we've followed every single rule, every single law … and my neighbors are trying every means possible to stop us from doing this project,” Salem said.

Donna Harrison said someone told her the ADU could reduce the value of her property by “at least $200,000,” and she cited several “emotional” reasons for her opposition, including what she said was the obstructed view from her bathroom window.

Her husband, Mitchell, said he had never “heard of those initials (ADU) until these people wanted to destroy the neighborhood.”

Mitchell quickly corrected himself, saying, “Sorry, change the district,” but added that he considered the proposal “illegal, totally illegal… certainly wrong… and ugly.”

Several neighbors also spoke at the meeting. They all supported the objection and said that it would change the character of the neighborhood.

The Harrisons' attorney, Jeff Smith, submitted a 250-page package in his appeal, including photos showing the distances between property lines, emails, historical documents and more.

“This is not about preventing ADUs, this is not about preventing families from living together. This is about preventing violent attacks,” Smith said.

Donna Harrison said she is not against ADUs and Smith said he believes they would prefer an attached ADU at 1525 Judson over the current proposal for a freestanding ADU.

But Commissioner Max Puchtel said, “I think the appellant is right to oppose the ADU,” adding that he believed if the appeal had been accepted and Salem came back with specific amendments for an ADU, “the same people would be here fighting against the ADU.”

Smith said Harrison's appeal was not a “test” of ADUs in the city and that this case “is not about whether ADUs are good or bad,” but rather a special situation in which the zoning administrator made a mistake.

Melissa Klotz, director of zoning, said that while at first glance it may appear that the front of the house faces Judson Street, “everything is oriented to Davis Street as the front yard.”

“The decision regarding the front door does not necessarily mean that the front yard is also an issue,” said commission chairman Matt Rodgers, who ultimately voted against the Harrisons' appeal.

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