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HomeMy WebLinkAboutA003 - Staff Report dated April 13, 2011 ITEM#: 2 DATE: 04/13/11 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: April 7, 2011 CASE FILE NO.: ZBA-11-03 MEETING DATE: April 13, 2011 REQUESTED EXCEPTION: To allow a reduction of the side building setback from 8 feet to 6 feet to accommodate construction of a second story in conjunction with its conversion to a single-family residence. PROPERTY OWNER: Jerrry Litzel APPLICANT: Jerry Litzel LOCATION: 3408 Tripp Street (See Attachment A) ZONING: RL (Residential Low Density) BACKGROUND: The subject property has a one-story, two-family residence, which is a permitted use in the zoning district. The property is a corner lot with 70 feet of frontage on South Franklin Avenue and 168.1 feet of frontage on Tripp Street. By definition, the front lot line of a corner lot is the shorter of the two street frontages (see Section 29.201(110) of the Ames Municipal Code). Although the property has a Tripp Street address, for zoning setback purposes the front setback is measured from the S. Franklin Avenue side since it is the shorter frontage. The front setback requires 25 feet, the side setback along Tripp Street requiresl5 feet,the rear setback is measured from the east lot line and must be 20 feet. The setback to the south property line requires 6 feet for a single story building and 8 feet for a two story building. See the table on Attachment B. The existing building is a one story building. It meets all the required setbacks. However, the owner wishes to add a second story to the house as part of a conversion from a two- family residence to a single-family residence.This second story changes the side setback to the south property line from 6 feet to 8 feet. PROJECT DESCRIPTION: The owner wishes to convert the home from a two-family to a single-family structure. He also wishes to add a second story to the house. Except for the required 8-foot side setback, all other zoning standards will be met. APPLICABLE REQUIREMENTS: Ames Municipal Code Section 29.1506(4xc) states the following: (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 exist 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; Ames Municipal Code Section 29.1506(5)(c) identifies the following: (c) Exceptions for Minor Area Modifications. The Board may grant specific limited exceptions for minor area modifications authorized under Sec.29.1506(4xc)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 neighboring properties. (iv) The minor area modification does not exceed the reduction limits established in the listing of minor area modification 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. BASIS OF REQUEST: See the included "Supporting Information" prepared by the applicant. FINDINGS OF FACT AND CONLUSIONS: The Zoning Ordinance states that an Exception for Minor Area Modification shall meet the following standards: 1. Special circumstances or practical difficulties apply to the property such that the terms of the ordinance cannot be satisfied. 2 FINDING: The platted lot is 70 feet by 168 feet,the same as other lots on the block. Many other blocks in the neighborhood also have lots of uniform size (although different dimensions than the ones on this block) while some blocks have more irregular lots. Because of the way in which setbacks are assigned on comer lots,the house was allowed to be oriented to and addressed from Tripp Street, although the front setback is measured from S. Franklin Avenue. The house was originally built as a single-story home, meeting the required six-foot setback from the south property line. It was not anticipated at the time of construction that a second story would be added so it was not placed on the lot to accommodate the required increased setback. In order to accommodate a second story,the entire house could be moved two feet to the north, which is impractical although room exists to do it. Another alternative would be to acquire two feet from the property to the south but that would make that house non-conforming as it, too, would require an eight-foot setback since it is a two-story structure. While the lot is large enough to allow for a two-story house with this footprint, it was placed on the lot at the time it was built in1957 so as not to allow for a vertical expansion. CONCLUSION: In order to construct a second story, which is not out of character for this neighborhood, the two possible solutions noted above would be impractical due to costs (moving the house two feet to the north)or creating a non-conformity on an adjacent property (acquiring two feet from the property to the south). Therefore, staff has determined that this request is consistent with this standard. 2. The minor area modification will not be detrimental to the public health, safety, or general welfare. FINDING: The proposal is to reduce the side setback by 2 feet. However, the actual distance from the house to the lot line will not change. Setbacks are established to allow for light and air circulation between buildings and to avoid excessive massing of buildings on lots, among other reasons.The house is set back from S. Franklin Avenue nearly 50 feet, which places it adjacent to the rear yard of the home to the south. This reduces the impact of any potential reduction in light and air circulation due to the increased height. CONCLUSION: If the exception is granted, the increased height will have minimal impact on the property to the south due to the large setback from S. Franklin Avenue and the location of the subject house in relation to its neighbors.Therefore, staff has determined that this request is consistent with this standard. 3. The minor area modification will not have a substantial negative impact upon neighboring properties. 3 FINDING: This is a mixed neighborhood of single-family and two-family residences built in the post-war period. Most are one or one-and-a-half story houses, although there are a few with a full two stories. Most lots have no garage or a small detached one-stall garage. This house is one of the larger homes in the immediate neighborhood and it has a two-stall attached garage.The addition of a second story will nearly double the mass of the house although it will still fall within the height and bulk requirements for the zoning district(except for the requested Exception). CONCLUSION: Although the house, when a second story is added, will make it one of the largest homes in the neighborhood, this will not necessarily have a negative impact on the area. As staff found above, the impacts of a side yard reduction of two feet will not physically move the house closer to the property line from its current location.And as staff concluded above,this reduction will have only a minimal impact on adjoining properties. And as a conversion from a two-family structure to a single-family structure, the reduced densities may have a positive impact with reduced traffic and noise. Therefore, staff has determined that this request is consistent with this standard. 4. The minor area modification does not exceed the reduction limits established in the listing of minor area modification in Section 29.1506(4)(c)(1), (ii), or(III) whether the limits are reached by a single exception or serial exceptions. FINDING: Section 29.1506(4)(cxi) provides for a reduction of a required side yard setback for a principal structure by no more than two feet. The requested reduction meets the allowed two-foot reduction of the side setback. CONCLUSION: The requested reduction into the required side setback does not exceed the limits established by Section 29.1506(4)(c)(i). Therefore, staff has determined that this request is consistent with this standard. 5. 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. FINDING:The use is currently a two-family residential.This is an allowed use in the R-L district since it is pre-existing at the time the current ordinance was adopted (2000). Other than the reduced side setback, the proposed improvements are consistent with the zoning regulations. The use of the home will remain as residential. However, since Section 29.1506(4xc) allows an Exception For Minor Area Modification only for single-family attached and detached dwellings, this Exception can only be allowed if the structure is permanently converted into a single-family structure. CONCLUSION: No additional uses or activity are expected.Staff will recommend a condition be placed on the granting of the Exception that the structure can be used only as a single-family residence. It will have, in effect, given up its rights to be used 4 as a two-family structure. With this condition placed on the approval, staff has determined that this request is consistent with this standard. 6. The minor area modification is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community. FINDING:As noted above, one of the intents of setback requirements is to allow for air and light circulation among buildings. The vertical expansion of the existing structure would have no impact on air circulation and minimal impact on light on adjoining neighbors. Except for the reduction of the side yard setback, the subject property appears to otherwise be in conformance with Zoning and Plan of the community. CONCLUSION: The modification requested is small enough that it will not violate the intent of setbacks or other public purposes. Therefore, staff has determined that this request is consistent with this standard. 7. The minor area modification is the minimum necessary to achieve the desired result. FINDING: The existing south wall of the house is at 6 feet from the property line. The proposed addition to the house would continue at this six-foot setback. In similar instances, the question has arisen whether setting back the upper floor by an additional two feet (thus meeting the 8-foot setback) would be an appropriate solution. There are two problems with this. First, the home still is non-conforming since the first floor of the two-story house still does not meeting the setback requirement. Second, there are structural concerns by placing a second story on something other than the load-bearing outer walls. CONCLUSION: As concluded in Number 1, above, moving the house is impractical. The practical solution is to allow the existing walls to remain with a six- foot setback. Therefore, staff has determined that this request is consistent with this standard. 8. The minor area modification does not alter the applicant's obligation to comply with other applicable laws or regulations. FINDING: The requested Exception for Minor Area Modification for 3408 Tripp Street is for a specific distance and in a specific site location.All other obligations to comply with applicable laws or regulations are not effected by this modification and are not being considered through this application. CONCLUSION: Therefore,staff has determined that this request is consistent with this standard. 5 ALTERNATIVES: 1. The Zoning Board of Adjustment can approve this request for an Exception for Minor Area Modification to the side setback of the Zoning code from the required eight feet to six feet on the south side of the residential structure, based on the above findings of facts and conclusions. This alternative requires a condition that the home be converted to a single-family residence. 2. The Zoning Board of Adjustment can deny this request for an Exception for Minor Area M dification to the side setback of the Zoning code from the required eight feet ti " feet on the south side of the single-family dwelling, based on other sp ified findings of facts and conclusions. kQ 3. The Zoning Board of Adjustment can refer this request back to staff and/or the applicant for further information. DEPARTMENT RECOMMENDATION: The Zoning Ordinance allows for an exception to side yard setbacks to be granted by the Zoning Board of Adjustment as long as the proposed exception is in compliance with the criteria outlined within this staff report. Staff has determined that the criteria are met with this application. Furthermore, all other Residential Low Density standards appears to also be met. Therefore, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment approve Alternative#1, based on the above findings of facts and conclusions. This will approve the request for an Exception for Minor Area Modification to the side setback of the Zoning code from the required eight feet to six feet from the south property line to allow the addition of a second story to the single-family dwelling.This alternative requires a condition that the home be converted to a single-family residence. SAPLAN SHR\Council Boards commissions\ZBXMisc\3408 Tripp-Exception for Minor Area Modification 04-13-11.doc 6 Attachment A i y LU Idft�—IL An ,gyp. ,1.:.• y ♦' .` TRIPP $T { I I General Location s N 3408 Tripp Street Legend Attachment B RECEIVED MAR 1 1 2011 I b of OF AMFS,IOwq 01� a HOI�MIp Am SECOND STOef AbbWuL>SToKY GgR*E 3U06 � 340$ 5oi o 2 1 a 0 3 a! 3 LI'rjEL i � 3 40fe12441f �I1ti=1.0 SFDEWA4K TRJpp sT Setback Table FRONT SETBACK SIDE SETBACK REAR SETBACK SIDE SETBACK (ALONG S (ALONG TRIPP ST.) (OPPOSITE S. OPPOSITE TRIPP FRANKLIN AVE.) FRANKLIN AVE. ST. CURRENT SETBACK 50 feet 32.5 feet 21.5 feet 6 feet REQUIRED SETBACK 25 feet 15 feet 20 feet 6 feet for one- story, 8 feet for two-story 8 Attachment C y h .,y 9