The URL can be used to link to this page

Home My WebLink AboutA003 - department report, October 23, 1980 CITY OF AMES DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT TO THE PLANNING & ZONING COMMISSION PREPARED: October 23, 1980 MEETING DATE: November 5, 1980 ZONING CASE NO. : Z-80-3 APPLICANT: Stephen and Zora Knudsen STATUS OF APPLICANT: Owner REQUESTED ACTION: Rezone from R-1-10(low-density residential) to R-2 (low- density residential) PURPOSE FOR REQUEST (as stated by applicant) : 1. The use of this structure for multiple housing antedates the zoning ordinance. It was obviously misclassified when zoning was established. 2. This is the westernmost house on this block. All houses to the east are classified as R-2. Thus, this is the only house in this block classified as R-1. 3. Across the street, the R-2 designation extends one city block further to the west which is away from the campus. 4. Changing to R-2 will not result in a greater population density or heavier use of facilities in this area. (The off-street parking is the finest in the immediate area.) 5. Iowa State University is chronically short of housing. This structure, close to the campus, provides excellent student housing. (With the energy crunch, close-in housing becomes more important.) 6. Of the 21 properties within 200 feet of 2923 Oakland, 16 are zoned as R-2. LOCATION: 2923 Oakland Street SIZE: 12,705 sq. feet EXISTING LAND USE: Presently being used as a two-family dwelling unit. SURROUNDING LAND USE & ZONING: North: Open space adjacent to Clear Creek, residential north of the Creek; R-1 South: Residential; R-2 East: Residential; R-2 West: Residential; R-1 FINDINGS: Land Use Policy Plan The Land Use Policy Plan designates this parcel as being suitable for low- density residential development. The R-2 zoning classification allows for low-density residential development. Z-80-3 Page 2 Zoning History The parcel has been zoned R-1 since the present zoning classifications were adopted in 1965. Prior to that time it was zoned A . There are no building permit records that would indicate if and when structural changes were made to convert the structure from a single-family structure to a duplex. Public Utilities: Water -- 4" water line in Oakland Street Sanitary Sewer -- 8" sanitary sewer line in Oakland Street Storm Sewer -- 36" storm sewer line west of this property Other -- Vehicular Access: The property fronts on Oakland Street. Physical Characteristics: Vegetation -- Characteristic of an urbanized area. Terrain -- Gently sloping to the Clear Creek floodplain. Drainage -- Drainage is generally to the north. Soils -- Soils information is not available. Flooding -- Although the rear portion of this property is susceptible to flooding, the area occupied by the residential structure is not within the flood plain area. ANALYSIS: 1. In 1978 the owner of the property to the west requested a rezoning from R-1 to R-2. At the time that request was submitted to the Planning and Zoning Commission, the Department recommended that the subject property be included in the change of zoning. That recommendation was accepted by the Commission and the request for rezoning was referred to the City Council with a positive recommendation for rezoning. Initially the request was tabled by the City Council until the West Campus Area Study could be completed. Ultimately the rezoning was not approved because of the opposition from surrounding property owners which resulted in the need for a 3/4 affirmative vote by the City Council. 2. The West Campus Area Study designated this general area as being suitable for low-density residential. Low density is considered to be a density equal to or less than 12 units/acre. In this case the density will be approximately 7 units/acre. 3. The structure is presently being used as a two-family structure and is thus a nonconforming use. The structure to the west is also being used as a duplex and is also a nonconforming use. The structure to the east is nonconforming since it contains five units in an R-2 zoning district. The area to the south is zoned R-2 although a majority of the structures are used for single family purposes. ' Z-80-3 Page 3 4. Since the use of this property is a nonconforming use, there are certain restrictions placed on the property. Those are the following: (a) No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land. (b) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel. (c) No structure or building shall be constructed on or moved onto the land, unless the use is changed to a use permitted in that district. (d) If any such nonconforming use of land ceases for any reason for a period of one (1) year, any subsequent use of such land shall con- form to the district regulations for the district in which such land is located. The most important point is the fact that the nonconforming use can continue indefinitely and nothing can change that status unless the zoning would change resulting in the use becoming a permitted use. Thus, the real question is whether the intent is to maintain the status of the area on the north side of Oakland Street as predominantly single family, or whether a more realistic approach may be to rezone the area to reflect the actual use of the property. In either case, the intent of the Land Use Policy Plan and the West Campus Area Study regarding designation of the area as low density will be complied with. RECOMMENDATION: The Department of Community Development recommends that this request for rezoning from R-1 to R-2 at 2923 Oakland Street be approved. Z-80-3 : ZONING CASE: Z-80-3 Page 4 REQUEST: Rezone from R-1-10 (low-density residential) to R-2 (low-density residential) LOCATION: 2923 Oakland Street MEETING DATE: November 5, 1980 o co i<< DR. O DD I� ''��Nrti uuurp�♦.♦♦ � E,4 : Zoe) h Chrr ION - - LINE D-z - ❑ D D S D D p ElL� d P ® �] D-zLi C� ND a00000 p a � ; D D- lI' • 2 D D-i5 D E5 ♦ � SHtc ♦♦��a�rnnn�nnn�� ',' OD v6NniHc- p� L7D � Z ;; ❑ pa - oo �RH D-!5 O D❑ c32- ® r, �3 ]D Do z c 3 ❑ �� F❑ QD 'Z � ❑F�oT k F� ❑ 0 v D L ❑ p5❑ ] p D� D D o-2 ❑ - -a- �D : pD r� C�R t D zEJ OD D= q)