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HomeMy WebLinkAboutA001 - Staff Report dated April 13, 2011 ITEM#: 3 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-11-04 MEETING DATE: April 13, 2011 REQUESTED EXCEPTION: To allow a reduction of the side setback from 8 feet to 7.49 feet on the north side of a single family detached residence. PROPERTY OWNER: Sanjeevi Sivasankar and Ruth Embaie APPLICANT: Mary Sarah Berg (owner of 718 Duff Avenue) LOCATION: 712 Duff Avenue (See Attachment A) ZONING: UCRM(Urban Core Residential Medium Density); O-H(Historic Overlay District) BACKGROUND: The subject property has a single-family residence, which is a permitted use in the zoning district. There is also a two-car detached garage in the rear yard which is accessed by a driveway to the south of the house. The property is a rectangular shape approximately 75 feet wide and 180 feet deep. The minimum required setback distances are 25 feet on the front and 20 feet in the rear. Since the house is considered as having three stories above grade, the required side setback is 8 feet. The existing structure is about 55 feet from the front lot line, 55 feet from the rear lot line and 17 from the side lot line on the south. On the north side, the house is approximately 10.20 feet from the side lot at the northwest corner of the house and 10.33 feet from the side lot line at the northeast corner of the house. PROJECT DESCRIPTION: The homeowner,to the north, Dr. Bergh, has an existing garage in the rear of her yard at 718 Duff Avenue. It is served by a driveway to the south of her house (north of this subject house).The driveway encroaches onto the subject property between about 2.52 and 2.71 feet, a condition which has existed for many years. In addition, Dr. Berg has a fence on the south side of and abutting her driveway, which is included in that encroachment. Dr. Bergh has proposed acquiring a portion of the property at 712 Duff Avenue and has submitted a play of survey to the City seeking approval of this boundary.line adjustment to cure the encroachment. However, since the boundary line adjustment would create anon- conformity on 712 Duff Avenue by allowing the house to fall below the minimum 8-foot side setback, Dr. Bergh was advised to seek an Exception for Minor Area Modification for the c property to the south. If this Exception is approved, staff will present the Plat of Survey to the City Council for their decision. No new construction is proposed 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(5xc) 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(4xcxi), (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 attached"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: 2 1. Special circumstances or practical difficulties apply to the property such that the terms of the ordinance cannot be satisfied. FINDING: The City Assessor notes that the house at 712 Duff Avenue was built in 1893. The house at 718 Duff Avenue was built in 1920 and the garage 10 years later. There is no evidence of when the driveway was placed but one must assume it was built to serve the garage, although it may have been widened over time to . accommodate the larger cars, compared with those of 1930. The fact is an encroachment exists. One approach to curing the encroachment is to remove the portion of the driveway that lies on 712 Duff Avenue. The side setback of 718 Duff Avenue to the south lot line is about 9 feet. If the driveway were reduced to this width, it would present a narrow and dangerous driveway and make it difficult to reach the garage. Both the homeowners at 712 and 718 Duff Avenue recently bought and moved into their respective homes. They recognize the encroachment and have entered into an agreement between themselves to cure it. The most practical approach is to convey a sliver of land from 712 Duff to 718 Duff—enough and only enough to accommodate the driveway and fence. CONCLUSION: Other approaches to curing the encroachment exist but the obvious one—narrowing the driveway by removing the south 2.7 feet—would result in an impractical, and unsafe, driveway. The best practical solution is to adjust the property line which requires this exception. 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 0.51 feet. The distance between the houses on 712 and 718 Duff Avenue will not change—only the location of the property line will shift. The boundary line adjustment will, if approved by the City Council, shift the lot line approximately 2.71 feet at the northwest corner of 712 Duff Avenue and 2.52 at the northeast corner of 712 Duff Avenue. The actual reduction of the side setback will vary from 0.19 feet to 0.51 feet. CONCLUSION: If the exception is granted,there will be no perceptual change that could be observed by the passerby or by adjacent property owners. 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. FINDING: The proposed Exception and boundary line adjustment will not have any impact on neighboring properties since no new construction is proposed. Both the Exception and boundary line adjustment are curing an encroachment of a driveway 3 that has existed for many years. CONCLUSION: As noted, no changes to the existing structures and no new structures are proposed. This Exception is to clear an encroachment. 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)(cxi), (11), or(111) whether the limits are reached by a single exception or serial exceptions. FINDING: Section 29.1506(4xcxi) provides for a reduction of a required side yard setback for a principal structure by no more than two feet.The requested reduction is 0.51 feet of the required 8-foot side setback. CONCLUSION: The requested reduction into the required side setback does not exceed the limits established by Section 29.1506(4xcxi). 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 single-family residential and will remain single-family residential. Other than the reduced side setback, the proposed improvements are consistent with the zoning regulations. CONCLUSION: No additional uses or activity are expected. Therefore, 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: 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 proposed Exception is for the minimum needed to cure the encroachment of the driveway and fence. The new property line, if the plat is approved by the City Council,will place the property edge along the south edge of the fence and driveway. The proposed alteration to accommodate the driveway is 4 between 2.52 feet and 2.71 feet. The reduction of the side setback for 712 Duff Avenue is 0.51 feet at the northwest corner of the house and 0.19 feet at the northeast corner of the house. CONCLUSION: 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 MinorArea Modification for 712 Duff Avenue 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. 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 8 feet to 7.49 feet on the north side of the single-family dwelling, based on the above findings of facts and conclusions. 2. The Zoning Board of Adjustment can deny this request for an Exception for Minor Area Modification to the side setback of the Zoning code from the required 8 feet to 7.49 feet on the north side of the single-family dwelling, based on other specified findings of facts and conclusions. 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 Urban Core Residential Medium Density and Historic Overlay district standards appear 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 7.49 feet on the north side of the single-family dwelling at 712 Duff Avenue. 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