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HomeMy WebLinkAboutA001 - Council Action Form dated April 14, 1992 ITEM #: r DATE: 0 4/9 r r' COUNCIL ACTION FORM SUBJECT: Motion to Set April 28, 1992 as the Date of Public Hearing to Consider Approving a Technical Amendment to Section 29.29 of the Zoning Ordinance. ACTION FORM SUMMARY: This is a request to approve technical amendments to Section 29.29 of the Zoning Ordinance which deals with accessory buildings and garages. These amendments are intended to make this section of the code easier to use, and a requirement has been added with regard to the height of garages. The Department and the Planning and Zoning Commission recommends approval of this request. BACKGROUND: Section 29.29 of the Zoning Ordinance deals with the requirements applied to garages and accessory buildings, located in the A-1, S-R, R1-10, 111-6, R-2, R2-7, R-3, R-4 and H-M zoning districts. Staff has rewritten this section of the code to provide greater clarity and to make it easier to find the applicable requirements dealing with garages and accessory buildings. In addition, two provisions have been deleted and a maximum height requirement has been added to the section of the ordinance. Staff is also suggesting that Section 29.78 "Requirements for Accessory Buildings for Non-Conforming Residential Uses" be included in Section 20.29. Both sections deal with accessory buildings and garages for resi- dential structures, and consolidating these two sections would make it easier to find all applicable requirements for these types of structures. Attached to this report are the complete texts of the existing wording in the ordinance for Section 29.29 and Section 29.78, as well as, the pro- posed ordinance wording. ANALYSIS: The analysis will be presented with the current text shown first, then the proposed text and then an explanation with regard to any proposed changes. 2 Existing Text: Section 29.29 Requirements for Private Garages and Accessory Buildings. In any 'A-1', 'S-R', 'R1-10', 1111-61, 'R-21, 'R2-71, 'R-31, 'R-4' or 'H-M' District, the following requirements apply to detached garages and accessory buildings. Proposed Text: Section 29.29(1). Requirements for Private Garages and Accessory Buildings. In any 'A-1', 'S-R', '111-10', R1-6', 1R-21, 'R2-7', 'R-31, 'R-4' or 'H-M' District, the following requirements apply to garages and accessory buildings. Explanation: The word detached was deleted from the existing text since there are references to both detached and attached garages in the text of Section 29.29. Existing Text: Section 29.29(l). A private garage is permitted in the side or rear yard on the same lot with a dwelling either as a separate building or in a separate room within, or attached to the dwelling, except as hereinafter provided. In any 'A-11, 'S-RI, '111-101, 'R1-61, 'R-2', or 'R2-7' District, the number of spaces for motor vehicles shall be no greater than two (2) more than the number of dwelling units existing or under construction on the parcel. Proposed Text: 29.29(1)(e) . (h) In any 'A-11, 'S-RI, 'R1-101, 'R1-6', 'R-2' or 'R2-7' District, the number of parking spaces within a detached or attached garage shall not exceed three spaces for a single- family dwelling and two spaces per dwelling unit for a duplex. Explanation: The first sentence in the existing text is not repeated in the proposed text because it was not necessary. The thoughts are incorporated in the explanation of what is allowed in the front yard, side yard and rear yard. The proposed text does not change the number of parking spaces allowed for a single-family dwelling and a duplex. The new language is just more straight forward. 3 Existing Text: Section 29.29(2). Each detached private garage or accessory building shall be not less than three (3) feet from a party lot or alley line, except that when any part of such accessory buildings is within fifty (50) feet of any street or public place upon which the lot abuts, such building shall be not less than six (6) feet from any lot line which serves as the front portion of a side lot line to any adjoining proper- ty. Proposed Text: 29.29(i)(c). Rear Yard. The minimum setback for a detached garage or accessory building wholly within the rear yard shall be three (3) feet from the abutting property line except as herein provided. 29.29(1)(g). Special Setbacks. (i) In the case where the rear yard of a lot abuts the front yard of an adjoining lot, a detached garage or accessory building in the rear yard shall be not less than six (6) feet from the adjoining property line for the distance of the required front yard setback on the adjoining lot. (ii) In no case shall a detached garage or acces- sory building in the rear yard be placed closer than 15 feet to any lot line that abuts a street. Explanation: The change in the text explains the setback requirements for a detached garage or accessory building which is located in the rear yard. The current setback is three (3) feet. This setback was changed from two (2) feet in 1983, and staff is not recommending a further change at this time. However, it should be noted that if a building is placed closer than five (5) feet to the lot line, additional fire protection techniques must be taken to be in compliance with the building code. The two proposed special setbacks, noted above, are also a part of the zoning ordinance, but are not very clearly spelled out. In the case where a rear yard abuts a front yard, the garage or accessory building in the rear yard is required to six (6) feet from that adjoining property line instead of three (3) feet. [The six foot setback is the same as the side yard setback for a one-story single-family dwelling. ] 4 Also under this proposed text amendment, a detached garage or accessory building must be placed 15 feet back from the street side property line. This is the same as the required side yard setback for a principal building on a corner lot. This 15 foot setback for a detached garage in the rear yard has been required by the building official for many years by applying the general setbacks within each of the residential districts, however, these setbacks are not really applicable for detached garages and accessory buildings in the rear yard. Existing Text: 29.29(3). No detached garage or accessory building is permitted within the limits of the front yard. Proposed Text: 29.29(1)(a). Front Yard. No detached garage or accessory building shall be permitted within the limits of the front yard. Explanation: No change other than the use of the word shall. Existing Text: 29.29(4). A detached garage may be erected across a common lot line by mutual agreement of the adjoining property owners. Proposed Text: None. Explanation: Staff believes that this section should be deleted. Construction of a building across a common lot line is a violation of the building code. Also, this provision is a residual from the earliest zoning ordinances of the City, and it has not been used recently. Existing Text: 29.29(5) . Accessory buildings within a rear yard may not occupy more than twenty-five (25) percent of the rear yard, and the maximum gross floor area permitted for accessory buildings shall not exceed 900 square feet for accessory uses to a single-fam- ily dwelling and 1,200 square feet for accessory uses to a two-family dwelling. 5 Proposed Text: 29.29(1)(e). Size. (i) Detached garages and accessory buildings in the rear yard shall not occupy more than 25 percent of the rear yard; and the maximum gross floor area shall not exceed 900 square feet for accessory uses for a single-family dwelling, and 1,200 square feet for accesso- ry uses for a two-family dwelling. Explanation: The only change here is the addition of the words detached garages. These require- ments have been in the ordinance since 1983. Existing Text: 29.29(6). When wholly or partially within the limits of any side yard, a detached garage or acces- sory building is considered a part of the principal building on the same lot and shall conform to all yard and space requirements specified herein for principal buildings. In the event of a rear yard detached garage, such construction permitted if the addition to the house is 20 or more feet distant from the proposed garage. Proposed Text: 29.29(1)(b) . Side Yard. A detached garage or accessory building either wholly or partially in the side yard shall meet all the same setbacks as required for the principal building. Explanation: There is no change to the requirements for a detached garage or accessory building in the side yard, except that the language is simplified. The second sentence in the existing text is garbled, and it has been deleted from the proposed new text. The intended meaning of that sentence is as follows: The con- struction of an addition to a principal building, which would result in an existing detached garage in the rear yard becoming a detached garage in the side yard, is permit- ted, provided a minimum of a 20 foot separa- tion is maintained between the existing 6 garage and the proposed addition. This section was put into the zoning ordinance in 1983 because of a number of variance applications to the Zoning Board of Adjust- ment. This proposed change did not result in a substantial reduction in variance applications, and staff believes it should be deleted. Existing Text: 29.29(7). No detached garage or accessory building shall contain living quarters. Proposed Text: 29.29(1)(f) . (ii) No detached garage or accessory building shall contain habitable space and/or a bathroom. Explanation: The proposed text clarifies what is meant by living quarters. Habitable space is defined in the building code as "space in a structure for living, sleeping, eating or cooking." Bathrooms are not considered habitable space and thus must also be excluded. The purpose of these exclusions is to prevent the detached garage or accessory building from being an additional living unit on the lot. Existing Text: None. Proposed Text: 29.29(1)(d). Height. The maximum height of a detached garage or accessory building on the same lot with a one-story principal building shall not exceed the height of the principal structure. In the case of a detached garage or accessory building on the same lot with a principal building that is higher than one story, the detached garage or accessory building shall not exceed 80% of the height of the principal structure or 20 feet whichever is lower. Explanation: Concern has been expressed in the past about detached garages and accessory buildings that have been constructed in Ames, that have exceeded the height of the principal building on the lot. These garages 7 have appeared to be out of scale and out of character with similar structures in the general vicinity. Staff believes this new provision addresses the height concerns that have been expressed by neighbors and others. Existing Text: None. Proposed Text: 29.29(1)(f) . Requirements. (i) The driveway in front of the entrance to a detached or attached garage shall be a minimum of 20 feet in length. (W)The construction of a detached garage or accessory building shall not precede the construction of the principal building on the same lot. Explanation: Subsection (i) was added to the ordinance to clearly establish there must be a 20 foot driveway or space in front of the garage door for a vehicle to park. This is needed to prevent the vehicle stopped in front of the garage from potentially overhanging a public sidewalk or an alley. Subsection (iii) clearly establishes that a detached garage or accessory building cannot be built unless there is a principal building on the property. A building would not meet the definition of an accessory structure unless there is a principal building under construction or existing on the lot. Existing Text: Section 29.78 Requirements for Accessory Buildings for Non-conforming Residential Uses. In any G-C or G-I District, the following requirements apply to accessory uses to a legally non-conforming single-family and two-family dwelling: (a) A detached garage or accessory building is permitted in the side yard or rear yard on the same lot with a single-family or two-family dwelling in the G-C district, provided it maintains . 8 the same side yard and rear yard setbacks as a principal building of a commercial nature would be required to maintain. (b) A detached garage or accessory building is permitted in the side yard or rear yard on the same lot with a single-family or two-family dwelling in the G-I district, provided the same side and rear yard setbacks for a permitted structure in the G-I district are maintained. (c) No detached garage or accessory building is permitted in the front yard. Proposed Text: Section 29.29(2). Text is the same as above. Explanation: There is no text change here, however, Section 29.79 is being moved from the end of the ordinance into the section of the ordi- nance which deals with garages and accesso- ry buildings. This change makes it easier to find the necessary information dealing with detached garages and accessory build- ings for legally non-conforming single-family and two-family dwellings in the G-C and G-I districts. The Planning and Zoning Commission reviewed this request at their meeting of April 1, 1992 and recommended that this request be approved. ALTERNATIVES: 1. The City Council can approve of these technical amendments to Section 29.29. , and set April 28, 1992 as the date of public hearing to consider these amendments. 2. The City Council can deny these technical amendments to Section 29.29. , and set April 28, 1992 as the date of public hearing to consider these amendments. 3. The City Council can refer these technical amendments back to City staff for further information. r 9 MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1 and set April 28, 1992 as the date of public hearing to consider this amendment. Attachment h\bpo\caf\garage.414 EXISTING TEXT Sec. 29.29. REQUIREMENTS FOR PRIVATE GARAGES AND ACCESSORY BUILDINGS. In any 'A-11, 'S-R', 'Rl-10', 'R1-6', 'R-2', 'R2-7' 'R-3', 'R-41, or 'H-M' District, the following requirements apply to detached garages and accessory buildings: (1) A private garage is permitted in the side or rear yard on the same lot with a dwelling either as a separate building or in a separate room within, or attached to the dwelling, exept as hereinafter provided. In any 'A-11, 'S-R', 'R1-1019'R1-613, 'R-21, or 'R2-7' District, the number of spaces for motor vehicles shall be no greater than two (2) more than the number of dwelling units existing or under construction on the parcel. (2) Each detached private garage or accessory building shall be not less than three (3) feet from a party lot or alley line, except that when any part of such accessory building is within fifty (50) feet of any street or public place upon which the lot abuts, such building shall be not less than six (6) feet from any lot line which serves as the front portion of a side lot line to any adjoining property. (3) No detached garage or accessory building is permitted within the limits of the front yard. (4) A detached garage may be erected across a common lot line by mutual agreement of the adjoining property owners. (5) Accessory buildings within a rear yard may not occupy more than twenty-five (25) percent of the rear yard, and the maximum gross floor area permitted for accessory buildings shall not exceed 900 square feet for accessory uses to a single-family dwelling and 1,200 square feet for accessory uses to a two-family dwelling. (6) When wholly-or partially within the limits of any side yard, a detached garage or accessory building is considered a part of the principal building on the same lot and shall conform to all yard and space requirements specified herein for principal buildings. In the event of a rear yard detached garage, such construction is permitted if the addition to the house is 20 or more feet distant from the proposed garage. (7) No detached garage or accessory building shall contain living quarters. (Code 1956, Sec. 42-10.6; Ord. No. 2109, Sec. 1, 12-21-65; Ord. No. 2175, Sec. 7, 2-21-67; Ord. No. 2406, Sec. 2, 7-25-72; Ord. No. 2418, Sec. 2, 10-17-72; Ord. No. 2751, Sec. 29, 7-1-80; Ord. No. 2861, Sec. 18, 10-25-83) Sec. 29.78. REQUIREMENTS FOR ACCESSORY BUILDINGS FOR NON- CONFORMING RESIDENTIAL USES In any G-C or G4 District, the following requirements apply to accessory uses to a legally nonconforming single- family and two-family dwelling: (1) A detached garage or accessory building is permitted in the side yard or rear yard on the same lot with a single-family or two- family dwelling in the G-C district, provided it maintains the same side yard and rear yard setbacks as a principal building of a commercial nature would be required to maintain. (2) A detached garage or accessory : building,is .permitted, in;Jhe..:side yard or rear yard on the: same :lot with ,a single-family.-;or^_two -family dwelling in the G-1-_district; provided' the same side-and rear yard setbacks for a permitted structure in the -G-1 district are maintained. (3) No detached garage or 'accessory building.is permitted in the front yard. (Ord. No 2861, Sec.. 26, 10-25-83) f`