HomeMy WebLinkAboutA 5 ITEM # 30
DATE: 06/11/13
COUNCIL ACTION FORM
SUBJECT: AMENDMENT TO ZONING CODE SECTION 29.408(7) — ALLOWING
FOR CONSTRUCTION OF SHARED COMMON LOT LINE GARAGES
BACKGROUND:
In March 2013, City Council referred to staff a letter from Mr. Jeff Bryant requesting that
the Council consider an amendment to the zoning code to allow for the construction of
shared common lot line garages. On April 23, 2013 Council considered the feasibility of
allowing shared common lot line garages. Staff was then directed by Council to prepare
an ordinance that would allow shared garage for properties that have existing shared
garages or for properties that previously had shared common garages.
At the May 15, 2013 Planning and Zoning Commission meeting, the Commission
reviewed and recommended draft language for the proposed zoning code text
amendment.
The addendum and attachments to this report provide background information and
considerations regarding the request for allowing shared common lot line garages.
PROPOSED AMENDMENT:
Based on City Council's direction and the Planning and Zoning Commission
recommendation, the text amendment language described below has been prepared for
consideration by City Council. If approved, the text amendment would establish
regulations for the construction of shared common lot line garages.
Adoption of the regulations for shared common lot line garages would require that
Section 29.408(7) of the Municipal Code be amended to add section 29.408(7)(d) to
include the text shown below:
Section 29.408(7)(d):
(d) The following requirements apply to shared common lot line garages and
accessory buildings in Agricultural, Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. Shared common lot line garages shall be permitted only on lots
where an existing common lot line garage exists, or on lots where
substantial proof can be submitted indicating a shared common
lot line garage had previously existed.
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b. No detached garage or accessory building is allowed in the front
yard, or within the side yard setback adjacent to public right-of-
way in the case of corner lots.
(ii) Height.
a. A detached garage or accessory building on the same lot with a
one story principal building shall not exceed the height of that
principal building.
b. Detached garage or accessory buildings on the same lot with a
principal building that is taller than one story shall not exceed
80% of the height of the principal building or 20 feet, whichever is
lower.
(iii) Size.
a. Detached garages and accessory buildings in the rear yard shall
not occupy more than 25% of the combined rear yard of the two
subject lots.
b. The structure should not exceed a maximum of 1,200 square feet
shared between the two properties.
c. In any Agricultural or Residential district the cumulative garage
door width shall not exceed eighteen (18) feet per lot. Doors less
than eight feet in width, such as for lawn and garden equipment,
are exempted from this requirement.
(iv) General Requirements.
a. Driveways to streets. The driveway leading from a street to the
entrance of a detached or attached garage shall be at least 20 feet
long measured from the property line.
b. Driveways to alleys. The driveway leading from an alley to the
entrance of a detached or attached garage shall be at least 8 feet
long.
c. No detached garage or accessory building shall contain habitable
space and/or a bathroom, except for recreational uses requiring
plumbing such as a pool house.
d. The construction of a detached garage or accessory building
shall not precede the construction of the principal building on the
same lot.
(v) Special Setbacks.
a. In cases in which 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 6 feet from the adjoining property line
for the distance of the required front yard setback on the
adjoining lot.
b. In no case shall a detached garage or an accessory building in
the rear yard be placed closer than 15 feet to any lot line that
abuts a street.
(vi) Agreement. All shared driveways and shared common lot line garages
shall be acknowledged as such and the respective owners of the
affected lots shall have the right to use such driveways and shared
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common lot line garages jointly. Cross easements shall be granted
over, across and under that portion of each owners' lot where such
shared driveway is located. In addition, the rights and responsibilities
for the construction, maintenance, repair and rebuilding of such
driveway and shared lot line garage shall be addressed in the cross
easement documents and submitted to staff.
ALTERNATIVES:
1. The City Council can approve the text amendment to add Section 29.408(7)(d) to the
Municipal code allowing for the construction of shared common lot line garages.
2. The City Council can deny the text amendment to add Section 29.408(7)(d) to the
Municipal code allowing for the construction of shared common lot line garages.
3. Action on this request can be postponed and referred back to City staff for additional
information.
MANAGER'S RECOMMENDATION:
The proposed text amendment reflects the direction specified in Council's referral of the
request for shared common lot line garages. The language provides reasonable
regulations to allow shared common lot line garages by way of administrative approval.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving the text amendment adding Section 29.408(7)(d) to
the City of Ames Municipal Code to allow for the construction of shared common lot line
garages.
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ADDENDUM
ADDITIONAL BACKGROUND INFORMATION:
At its March 26, 2013 meeting, the City Council referred for report a letter from Mr. Jeff
Bryant, dated March 4, 2013, which requested that the City consider a zoning
amendment to allow the replacement of existing shared garages with no side yard
setbacks. Mr. Bryant noted that he would like to replace an existing common lot line
shared garage between two properties that does not meet the current setbacks required
for private garages and accessory buildings.
Mr. Bryant's two properties are identified as 220 and 224 S. Riverside Drive (See
Attachment 1). They are zoned UCRM Urban Core Residential Medium Density, and
the two homes were built in the 1920's. The detached double-wide garage, with two
single doors, was built straddling the property line with a single driveway providing
access from S. Riverside Drive. The lots are approximately 58' wide by 140' deep and
are of typical size for the neighborhood.
Mr. Bryant wishes to remove the existing 18' by 18' garage and replace it with a 26'
deep by 30' wide garage. The existing garage is served by a single-wide driveway,
which also straddles the property line. Mr. Bryant submitted a proposed site plan
showing options for a new shared garage structure over the lot line, as well as two other
site plans showing how two separate 15' wide by 26' deep garages could also be
accommodated on the two properties within current zoning code allowances (See
Attachment 2).
In July of 2009 Mr. Bryant submitted an application to the Zoning Board of Adjustment
to request a variation of the side yard setback to allow for the proposed shared garage.
At that time Mr. Bryant explained that it would be possible to build two separate garage
structures meeting the code setback. However, the construction of the garages would
have to be pushed back on the lots to accommodate the driveway expansion needed for
access to the structures, and the topography of the lots would have required a
considerable amount of fill to create a level space for the garages. After conducting the
public hearing, the Board could not find any unique circumstances to the property or
hardship to allow for the variation to be granted. The Board also noted that while fire
safety could be accomplished through construction techniques in lieu of the required
setback, Mr. Bryant had shown that other alternatives could be accommodated on the
lot without the variance and in line with the current code.
Recent aerial photographs of the neighborhood show other properties that either have a
shared garage or shared driveways. Many of these lots look as though shared garages
may have existed previously but over time have been replaced with separate garages
while maintaining the shared driveway. Staff has identified on a map the properties in
this immediate area which appear to have either a shared garage or a shared driveway
(See Attachment 3).
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At the April 23, 2013 meeting, City Council directed staff to proceed with drafting a text
amendment that would allow for shared common lot line garages. Council also asked
that provision be included for documenting a cross access agreement between the
owners of the two properties.
On May 15, 2013, the Planning and Zoning Commission recommended approval of the
proposed text amendment by a vote of 5 to 0. Mr. Jeffry Bryant, 220-224 S. Riverside
Drive, stated he was in agreement with the amendment proposed by staff and was
available for any questions from the Commission.
CURRENT CODES:
The following current requirements for private garages and accessory buildings are
found in the Ames Municipal Code Section 29.408(7):
(a) The following requirements apply to private garages and accessory buildings in
Agricultural, Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. No detached garage or accessory building is allowed in the front yard,
or within the side yard setback adjacent to public right-of-way in the
case of corner lots.
b. A detached garage or accessory building wholly or partially within the
side yard shall meet all the same side setbacks as required for the
principal building except in the case of a corner lot. In the case of a
corner lot a garage or accessory building may be placed within 3 feet
of the side lot lines, provided the garage is set back a minimum of 25
feet from the abutting streets and provided the garage or accessory
building is located in the side yard that does not abut the front yard
where the principal building is addressed.
c. A detached garage or accessory building wholly within the rear yard
shall be a minimum of 3 feet from the abutting property line.
(ii) Height.
a. A detached garage or accessory building on the same lot with a 1 story
principal building shall not exceed the height of that principal building.
b. Detached garage or accessory buildings on the same lot with a
principal building that is taller than 1 story shall not exceed 80 % of the
height of the principal building or 20 feet whichever is lower.
(iii) Size.
a. Detached garages and accessory buildings in the rear yard shall not
occupy more than 25% of the rear yard.
b. The maximum gross floor area shall not exceed 900 square feet for a
detached garage or accessory building/structure to a Single Family
Dwelling or Institutional Use, or 1,200 square feet for accessory uses
to a Two Family Dwelling.
c. In any Agricultural or Residential district the cumulative garage door
width shall not exceed twenty-seven feet for a Single Family Dwelling
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or eighteen (18) feet per dwelling unit for a Two Family Dwelling.
Doors less than eight feet in width, such as for lawn and garden
equipment, are exempt.
In addition to zoning laws, the building and fire code have requirements for structures at
the lot line. These codes include the following requirements for constructing a garage or
accessory structure at the lot line:
a. Should a structure be permitted to be placed abutting a lot line the
structure will be required to have no openings on the property line.
b. The structure could not cross the lot line. Each half of the garage
would need a one-hour fire-resistance-rated wall on their side at the
property line and 4 feet of non combustible material or approved fire-
retardant-treated wood at the roof on each side of the wall or walls
CONSIDERATIONS:
The purpose of the Ames Zoning Ordinance is to promote the health, safety and general
welfare of the City by, among other things, regulating and restricting the location, size
and uses of buildings. This promotes public interest by providing adequate light and air,
securing safety from fire, flood and other dangers, and preventing the overcrowding of
land. By today's standards, this type of shared structure would seem contrary to the
public interest by reducing fire separation distances, by impeding free air circulation
between lots, and possibly by the over-massing of structures. There could also be a
concern over the maintenance and overall future aesthetics of such a structure shared
between two properties.
There are not many attached garages still remaining in Mr. Bryant's neighborhood and it
is uncertain if any of the lots with existing shared driveways would like to redevelop this
type of structure. There is, however, some desire to allow such a condition to continue
as evidenced Mr. Bryant's letter and the Council's decision to proceed with this
ordinance amendment. While this condition is not a typical allowance under zoning
codes and there are concerns for fire separation, air and light circulation, and potential
over massing of the lots, there are also options that could be considered to mitigate the
impacts of a single garage structure shared over a lot line. Such options include
language to address where such structures could be developed, the size of the overall
structure, the height of the structure, the location on the lot, and possibly the aesthetics
of the structure to verify that the character of the neighborhood is maintained.
Staff suggested to Council that, at minimum, the following limitations be included as part
of a text amendment to regulate shared common lot line garages:
1. Shared common lot line garages and accessory structures should only be
permitted for lots in which an existing common lot line garage or accessory
structure exists, or on lots where substantial proof can be submitted showing
that a shared common lot line garage or accessory structure had previously
existed.
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2. The structure should not be allowed in the front yard or within the side yard
setback adjacent to the public right-of-way in the case of corner lots.
3. In the case of a corner lot a garage or accessory building should be set back
a minimum of 25 feet from the abutting streets.
4. A detached garage or accessory building on a lot with a 1 story principal
building should not exceed the height of the principal building.
5. Detached garage or accessory buildings on a lot with a principal building that
is taller than 1 story should not exceed 80% of the height of the principal
building or 20 feet, whichever is lower.
6. The structure should not exceed a maximum of 1,200 square feet shared
between the two properties.
7. The cumulative garage door width should not exceed eighteen (18) feet per
lot. Doors less than eight feet in width, such as for lawn and garden
equipment, would be exempt from this requirement.
Limitations 2 through 5, as noted above, are current regulations for private garages and
accessory structures. These can be made applicable for shared common lot garages to
maintain consistent setbacks and heights of such structures throughout the city, with the
exception of the common lot line. Limitations 6 and 7 were adapted from the current
codes for two family dwellings, which allow each lot, or both dwellings, to have a
functional garage space while still helping to mitigate the concern for the mass of a
shared structure. By the numbers noted, each lot could have a 20' by 30' two car
garage with an 18' double door.
Staff recommended to Council that detailed limitations such as those above be put in
place to identify the lots on which such structure could be located and the limitations of
the structure on the lots. Staff also recommended that applications meeting these
criteria be given administrative approval by staff without the need for a special use
permit or other site review approval.
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Attachment 1
Location Map for 220-224 S. Riverside Drive
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Attachment 2
Letter and Example Site Plans
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March 4,2013
Madam Mayor and members of the Ames City Council
My name is Jeff Bryant;I am a long time Ames resident and property owner. Several years ago I
planned a property improvement project where I live in Ames. Not only did it require the proper
building permits,it also required special zoning considerations. City staff guided me through the process
for a zoning variance. The request was denied by strict adherence to the zoning code language.
Although my individual case is rare,it is not entirely unique in Ames. I believe the case I made was very
reasonable and the best approach to a set of physical characteristics that I have at my properties. 1 feel
that you cannot apply the general zoning language to my particular circumstance. Recently I had an
Informal conversation with City staff regarding my proposed project. It was discussed that a zoning text
amendment as it pertains to my exact set of circumstances maybe worth your consideration. Following
is a description of my project for you to consider for a text amendment.
I own and reside at 220 S Riverside Dr and also own 224 S Riverside Dr next door. My two properties
were built around the 1920s,with a single shared driveway between the 2 houses,which leads to a
shared 2 car garage. The garage straddles the lot line,with half of the garage belonging to one property,
the other half to the other property. In the 20 years that I have owned these properties,this
arrangement has worked well. The existing garage is currently working;however it is to the point where
it needs some attention to its physical condition. It makes economic sense to remove the existing
garage to build a new garage(s). A new structure would comply with building codes much easier than
retrofitting the existing structure. Another factor is a new garage could be a size that would better
accommodate modern vehicles.
We first looked at replacing the current shared garage with two separate garages to adhere to side
yard setback requirements. Given the narrow width of the driveway between the houses,the new
garages would need to be placed much further back on the lots to accommodate the entry angle of a
vehicle to get around the houses. It became apparent that two separate garages with driveways
leading up to them would dominate the backyards. The space between the garages that would be
created by the setbacks to the lot line,becomes a considerable amount of wasted space. Also,the
space behind the garages cannot be viewed from the houses or effectively used.
At that point,we started looking at the original design intent of the two properties. Having a shared
driveway and a shared garage really works the best. Given the limited amount of distance between the
homes and size of back yards,the common drive and garage is an efficient use of the properties lot size
that maintains desired green space.
We have proposed a new shared garage to replace the existing shared garage. The design of the new
garage would match the character and scale of the property and neighborhood. With modern building
materials,fire separation can be achieved,as well as other building code compliance. The concept is
similar to shared garages with duplexes and townhomes. The abstracts for the two properties currently
contain an agreement for a shared garage and driveway.
9
Attachment 2 (Cont.)
Letter and Example Site Plans
We are asking for you to consider a zoning text amendment that would contain the necessary
language to allow us to replace an existing common shared garage with a new common shared garage
with no side yard setbacks. I have observed other shared driveway situations in other older Ames
neighborhoods. One in particular was granted a building permit in 1991 for a shared common garage,
much like we are proposing. Our situation is rare, but not totally unique.
Thank you for your consideration,
Jeff Bryant
220 S Riverside Dr
Ames
Attachments: elevations and site drawings
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220 S Riverside Dr 224 S Riverside Dr
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Attachment 2 (Cont.)
Letter and Example Site Plans
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Letter and Example Site Plans
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Attachment 3
Shared Garage and Shared Driveway Map
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15
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY ENACTING A NEW SECTION 29.408(7)(d)
THEREOF, FOR THE PURPOSE OF THE ADDITION OF
REGULATIONS TO ALLOW FOR THE CONSTRUCTION OF SHARED
COMMON LOT LINE GARAGES; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
enacting a new Section 29.408(7)(d)as follows:
Sec.29.408. OTHER GENERAL DEVELOPMENT STANDARDS.
Section 29.408(7)(d):
(d) The following requirements apply to shared common lot line garages and accessory buildings in
Agricultural,Residential and Hospital/Medical districts:
(i)Location Within Setbacks.
a. Shared common lot line garages shall be permitted only on lots where an existing
common lot line garage exists, or on lots where substantial proof can be submitted indicating
a shared common lot line garage had previously existed.
b. No detached garage or accessory building is allowed in the front yard, or within the side
yard setback adjacent to public right-of-way in the case of corner lots.
(ii)Height.
a. A detached garage or accessory building on the same lot with a one story principal
building shall not exceed the height of that principal building.
b. Detached garage or accessory buildings on the same lot with a principal building that is
taller than one story shall not exceed 80% of the height of the principal building or 20 feet,
whichever is lower.
(iii) Size.
a. Detached garages and accessory buildings in the rear yard shall not occupy more than
25%of the combined rear yard of the two subject lots.
b. The structure should not exceed a maximum of 1,200 square feet shared between the two
properties.
C. In any Agricultural or Residential district the cumulative garage door width shall not
exceed eighteen (18) feet per lot. Doors less than eight feet in width, such as for lawn and
garden equipment,are exempted from this requirement.
(iv)General Requirements.
a. Driveways to streets. The driveway leading from a street to the entrance of a detached or
attached garage shall be at least 20 feet long measured from the property line.
b. Driveways to alleys. The driveway leading from an alley to the entrance of a detached or
attached garage shall be at least 8 feet long.
C. No detached garage or accessory building shall contain habitable space and/or a
bathroom, except for recreational uses requiring plumbing such as a pool house.
d. The construction of a detached garage or accessory building shall not precede the
construction of the principal building on the same lot.
(v) Special Setbacks.
a. In cases in which 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 6 feet from the adjoining
property line for the distance of the required front yard setback on the adjoining lot.
b. In no case shall a detached garage or an accessory building in the rear yard be placed
closer than 15 feet to any lot line that abuts a street.
(vi)Agreement. All shared driveways and shared common lot line garages shall be acknowledged as such
and the respective owners of the affected lots shall have the right to use such driveways and shared
common lot line garages jointly. Cross easements shall be granted over,across and under that portion
of each owner's lot where such shared driveway is located. In addition,the rights and responsibilities
for the construction, maintenance, repair and rebuilding of such driveway and shared lot line garage
shall be addressed in the cross easement documents and submitted to staff."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of ,
Diane R.Voss,City Clerk Ann H. Campbell,Mayor