HomeMy WebLinkAboutA001 - Council Action Form dated December 14, 2004 ITEM #
DATE 12/14/04
COUNCIL ACTION FORM
SUBJECT: A TEXT AMENDMENT TO THE ZONING ORDINANCE TO ESTABLISH A
PROCESS TO ALLOW THE ZONING BOARD OF ADJUSTMENT TO GRANT MINOR
EXCEPTIONS TO THE ZONING ORDINANCE.
BACKGROUND:
Pursuant to Section 414.12 of the Iowa Code, the City of Ames' Zoning Ordinance allows
the Zoning Board of Adjustment to grant variances to the Zoning Ordinance, as long as the
six standards outlined below, are met:
Section 29.1504(4):
(a) That granting the variance shall not be contrary to the public interest;
(b) That without granting of the variance, and due to special conditions, a
literal enforcement of the ordinance will result in unnecessary hardship.
Unnecessary hardship exists when:
(i) The land in question cannot yield a reasonable return if used only
for a purpose allowed in the zone;
(ii) The plight of the owners is due to unique circumstances and not
to the general conditions of the neighborhood;
(iii) The use to be authorized by the variance will not alter the
essential character of the locality;
(c) The spirit of the ordinance shall be observed even when the variance is
granted;
(d) Substantial justice shall be done as a result of granting the variance.
As can be seen, the standards above can be very difficult to meet, especially
29.1504(4)(b)(i). It is almost impossible to determine that a property has lost all use and
cannot yield a reasonable return simply because a variance request is denied. These
standards are intended to be strict in each variance request; the applicant is seeking relief
from the law.
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There are certain variance requests that are minor in nature and meet many of the above
listed standards. These variance requests are normally for very minor relief from minimum
setback or minimum lot area requirements. These requests are typically the most difficult
for the Zoning Board of Adjustment to review. In most cases, they are for single-family
residential property and in almost every case the property owner is merely attempting to
improve the value of his/her property with an addition for a garage stall, porch,or additional
living space. Many times the variance requests would have little, if any, impact on the
surrounding properties. The Zoning Board of Adjustment would like to approve these
variance requests, however, because these requests do not meet all of the required
standards, the Board must deny the requests.
This situation is not unique to Ames. Nearly every community that adopts and enforces
zoning regulations faces similar issues. To alleviate these situations, many communities
allow for minor exceptions from area requirements of the Zoning Ordinance, most notably
minimum setback and minimum lot area standards. These minor exceptions are reviewed
and approved or denied based on much less strict standards than are required for variance
requests.
Staff is proposing a text amendment to the Zoning Ordinance to establish a process to
allow the Zoning Board of Adjustment to grant minor exceptions to the Zoning Ordinance.
The entire text amendment is attached to this Action Form; however, most of the changes
are minor. The main changes are located in Section 29.1506(4)and (5), as outlined below:
Section 29.1506
(4) When Authorized. The Zoning Board of Adjustment is authorized to
grant the following exceptions:
(c) Exceptions for minor area modifications. The Board is
authorized to grant exceptions from the requirements of the
zoning ordinance to allow minor area modifications for single
family attached and detached dwellings that are existing in
developed areas,but not in cases of new construction. These are
authorized for the following situations:
(i) Reduction of required residential side yard setbacks for
principal structures by no more than two feet;
(ii) Reduction of required residential front and rear yard
setbacks for principal structures by no more than five
feet;
(iii) Reduction of minimum lot area requirements by no more
than 10%;
(iv) Reduction of required residential front, rear, and side
yard setbacks without limit as required to provide
handicapped access ramps to a dwelling;
(v) Reduction of front, rear, and side yard setback without
limit to allow reconstruction of a historically accurate
structure.
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(5) Review Criteria. Before an exception can be granted, the Board of
Adjustment shall establish that the following standards have been or
shall be satisfied:
(c) Exceptions for Minor Area Modifications.The Board may grant
specific limited exceptions for minor area modifications
authorized under Section 29.1506(4)(c) where the Board finds:
(i) Special circumstances or practical difficulties apply to the
property such that the terms of the ordinance cannot be
satisfied.
(ii) The minor area modification will not be detrimental to the
public health, safety or general welfare.
(iii) The minor area modification will not have a substantial
negative impact upon the neighboring properties.
(iv) The minor area modification does not exceed the
reduction limits established in the listing of minor area
modifications in Section 29.1506(4)(c)(i),(ii), or (iii)
whether the limits are reached by a single exception or
serial exceptions.
(v) The minor area modification does not authorize a use or
activity not otherwise expressly authorized by the
regulations within the zoning district in which the
property is located.
(vi) The minor area modification is in conformity with the
intent and purpose of the zoning ordinance and the
general plan of the community.
(vii) The minor area modification is the minimum necessary to
achieve the desired result.
(viii) The minor area modification does not alter the applicant's
obligation to comply with other applicable laws or
regulations.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
With a vote of 4-1, the Planning and Zoning Commission recommended approval of this
proposed text amendment to establish a process to allow the Zoning Board of Adjustment
to grant minor exceptions to the Zoning Ordinance at its meeting of November 17, 2004.
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ALTERNATIVES:
1. The City Council can approve the recommended text amendment to establish a
process to allow the Zoning Board of Adjustment to grant minor exceptions to the
Zoning Ordinance.
2. The City Council can deny the recommended text amendment to establish a process to
allow the Zoning Board of Adjustment to grant minor exceptions to the Zoning
Ordinance.
3. The City Council can approve the recommended text amendment to establish a
process to allow the Zoning Board of Adjustment to grant minor exceptions to the
Zoning Ordinance, with modifications.
4. The City Council can refer the recommended text amendment to establish a process to
allow the Zoning Board of Adjustment to grant minor exceptions to the Zoning
Ordinance back to staff for further review and comment.
CITY MANAGER'S RECOMMENDED ACTION:
As mentioned earlier, the current standards for granting approval of a variance request are
very stringent. Many minor variance requests come before the Zoning Board of
Adjustment. Typically these requests are for single-family properties, are for area variances
(setback or lot area), and would have little, if any, negative impact on the surrounding
properties. The property owners for these requests are merely attempting to improve their
properties and the Zoning Board of Adjustment would like to grant approval of many of
these minor requests. However, due to the strict standards required for granting approval
of a variance request, the Zoning Board of Adjustment must deny these requests.
Many other communities, such as Iowa City and Des Moines, allow for a process for
approving minor exceptions to the Zoning Ordinance. These minor exceptions are reviewed
and approved or denied based on much less strict standards than are required for variance
requests.
Staff is proposing a text amendment to establish a process to allow the Zoning Board of
Adjustment to grant minor exceptions to the minimum setback and minimum lot area
requirements of the Zoning Ordinance. Staff believes that this text amendment will allow
private property owners, particularly single-family attached and detached properties, to
improve their property by lessening the standard of approval for the most minor of variance
requests. Therefore, it is recommended that Alternative #1 be adopted. Alternative #1
recommends that the text amendment to the Zoning Ordinance to establish a process to
allow the Zoning Board of Adjustment to grant minor exceptions to the Zoning Ordinance
be approved.
COUNCIL ACTION:
Attachment
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