HomeMy WebLinkAboutA001 - Staff Report dated April 27, 2011 ITEM#: 2
DATE: 04/27/11
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
CASE FILE NO.: ZBA-11-05
DATE PREPARED: April 21, 2011
MEETING DATE: April 27, 2011
APPLICATION FOR A VARIANCE: Variance to allow parking in the front yard
APPLICANT: Beta Omicron Chapter of Sigma Chi, 2136 Lincoln Way, Ames, Iowa
OWNER: Beta Omicron Chapter of Sigma Chi, 2136 Lincoln Way, Ames, Iowa
LOCATION: 2136 Lincoln Way (See Attachment A)
ATTACHMENTS:
Variance Application Packets prepared by the applicant, signed on April 11,2011,with site
plan and architectural drawings and other related information.
Attachment A: Location map prepared by staff
Attachment B: Case for Economic Hardship
Attachment C: Schematic Design
Attachment D: Financial analysis
Variance application form submitted by applicant, including explanation of how the
application meets the criteria.
BACKGROUND:
The subject property is located in the Greek house neighborhood south across Lincoln
Way from the Iowa State University(ISU)campus, on the southeast cornerof Lincoln Way
and Gray Avenue. (See Attachment A) To the west is Buchanan Hall, which is a student
residence hall, owned by ISU, and to the east and south are fraternities and sororities. On
the property is the Sigma Chi fraternity house, which was built in the early 1960's. Before
that, the Sigma Chi was housed at 125 Hyland Avenue, which is now owned by the
Triangle fraternity.
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The subject property is within the Residential High Density (RH) zoning district and the
East University Impacted Area (O-UIE) overlay zoning district. The applicant proposes to
demolish the existing Greek house and construct a new Greek house. The applicant
provided a "Case for Economic Hardship," (Attachment B) that explains the background
and reasons for the proposed project. It should be noted that demolition of a Greek house
in this O-UIE zoning district requires that the City Council determine that specific criteria
are met, including economic hardship. The applicant will be applying to City Council for
permission to demolish the existing Greek house in order to construct the proposed new
residence.
Attachment C illustrates the proposed new Greek house and site design. As explained
below, the zoning ordinance requires 50 parking spaces for the proposed residence and
the proposed design includes parking within the front yard on Gray Avenue to meet this
zoning requirement.
APPLICABLE POLICIES AND LAWS:
Pertinent portions of the Land Use Policy Plan and the Sub-Area Plan for the
University-Impacted Area are as follows. The Sub-Area Plan designates the area of Greek
houses within which the subject property is located as the East RH District.
• The University-Impacted Area will be a distinct, unique area within the community
with a great a deal of variety in activities and appearance. It will be made up of
districts, each with a distinct character, well defined by building use, type, scale,
setting, intended activity level, and other characteristics.
• The East RH District is distinctive, with attractive front landscapes, stylized
architecture, enduring materials,variety in form, and richness of detail.Afew newer
buildings here and there are similar in scale and architectural quality.
• To make good use of resources, land uses within the UTA will be intensified, while
also conserving and preserving its existing valuable characteristics by assuring
compatibility between existing and new development.
• Demolition of structures originally built as Greek houses should only be allowed
where the original intended use or any other permitted use could provide no
economic return, as determined by the City Council
• The East RH District is one of the most likely locations of historically and
architecturally significant structures, due to the historical pattern of development of
housing for students and faculty and the route of the historic Lincoln Highway:
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Pertinent Sections of the Ames Municipal Code:
Section 29.406(2) establishes the amount of parking for new buildings:
(2) Required Parking Spaces. Off-street parking spaces must be provided in
accordance with the minimum requirements set forth in Table 29.406(2)
below, for any new building constructed and for any new use established.
Table 29.406(2) requires 1space per bed for College and University housing, fraternities
and sororities.
Section 29.406(7)(c) states:
Under no circumstances shall vehicular parking be permitted in the front yard of any
residential building in any"RL", "RM", "RH", "UCRM", "FS-RL",or"FS-RM"zones . . .
Section 29.406(7)(e) defines the front yard in this context:
As used in this section, front yard means the open space in that portion of a yard
between the street and the face of the structure and a line originating from the left
side of the lot and extending to the right side of the lot. The line, as viewed from the
street, shall extend parallel to the street to the nearest corner of the principal
structure and then along the face of the principal structure to the right corner, and
from that point on a line parallel to the street to a point on the right lot line. As used
in this section, the face of a principal structure shall be any and all portions of the
structure fronting on a street. The front yard shall not include any portion of the city
right-of-way. A corner lot shall be deemed to have two front yards.
The zoning ordinance then includes this illustration of where parking is prohibited by this
section.
M Structure Motor Vehicle
Parking Prohibited
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STREET RIGHT OF WAY �R
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Section 29.402(5) establishes the location of front setbacks:
(5) Through Lots and Corner Lots. On through lots, and corner lots with two
or more abutting streets, except lots within the RL, RM, and UCRM Zoning
Districts, the required front setback shall be provided on all streets.
Table 29.704(3) requires front setbacks of 25 feet on both streets on this corner lot.
The Variance criteria may be found in the Ames Municipal Code Section 29.1504(4)and as
follows:
(a) The granting of 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 in the neighborhood
iii The the variance will not alter the essential character of
e use to be authorized b e
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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.
COMPLIANCE DETERMINATION
It has been determined that the proposed design for the parking for the fraternity does not
meet the standards of Ames Municipal Code Section 29.406(7)(c), because a portion of the
required parking is within the front setback on Gray Avenue.
APPLICANT'S STATEMENT IN SUPPORT OF THE VARIANCES
The applicant's complete application and supporting information is attached. These
materials make the case that the current building does not meet the needs of current
students,that it is economically more feasible to build a new Greek house than to renovate
the current house to meet these needs, and that donors will support new construction but
will not support renovation adequately. The applicant has determined that 50 chapter
members paying the room and board fees will be necessary to sustain the chapter in this
residence. This determination has been made with the advice of a professional fund-
raising consultant who has extensive experience with Greek organizations and of a
professional architect. The zoning ordinance requires 50 parking spaces for the proposed
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residence and the proposed design includes up to ten parking within the front yard on Gray
Avenue to meet this zoning requirement.
FINDINGS OF FACT & CONCLUSIONS:
The following findings of facts and conclusions pertain to the above variance criteria:
(a) The granting of the variance shall not be contrary to the public interest.
FINDINGS: It is the policy of the City to preserve the existing Greek houses in this
area to the greatest extent possible. It is also the City's policy for the land use of
this area to continue as housing for students who are members of the Greek
organizations. The City's policies and regulations establish specific design
standards for new construction in this area, putting particular emphasis on the
compatible transition between this neighborhood and its surroundings. This location
is along the most visible and heavily used entrance corridor for Iowa State
University and west Ames.
Without the requested variance, the parking lot and number of beds must be
reduced. If the current Greek house cannot be preserved and a Greek chapterwith
fewer than 50 residents in a new Greek house is not sustainable,then this property
is likely to be converted to another permitted use, such as apartments. (See
discussion below on economic hardship.)
CONCLUSIONS: The variance would allow the subject property to continue as a
Greek residence, which is the preferred use under City policies. Therefore, it can
be concluded that granting the variance to allow front yard parking on Gray
Avenue will not be contrary to the public interest and does meet the standard
of Ames Municipal Code Section 29.1504(4)(a).
(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.
FINDINGS: The "Case for Economic Hardship" (See Attachment B) and the
detailed financial analysis of options support three findings:
• The existing building is in poor condition and requires major investments to
correct code deficiencies. City staff from the Planning and the Inspections
Division have been on-site and verified these conditions. Extensive additional
renovation is needed to make the existing building attractive enough to recruit
new members to the chapter. The applicant's architect has estimated the total
cost for the repair and renovation to be $4.3 million.
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• The chapter membership has declined to the point where it cannot sustain the
residence even in its current condition. The many Greek houses in Ames being
renovated make recruitment of new members very competitive. The condition of
the current residence discourages recruitment. Renovation to the extent needed
to be competitive would reduce its capacity to 40 residents. The financing for
the renovation of this building would raise room and board fees to $9,300 per
year, which is at the high end of the range of room and board fees for Greek
houses and dormitories. ISU Greek Affairs staff has verified the current fee
range provided.
• Interviews of the Sigma Chi alumni by the professional fund-raising firm
Pennington & Co. have shown that $700,000 might be raised for renovation of
the current building, compared to more than twice that amount for new
construction. Staff has verified this with Pennington &Co. Part of the reason for
this is that many of older alumni did not live in this house, but rather in the house
on Hyland. Although the architect's estimate of the cost for the new residence is
$3.5 million, because of the increased capacity and the larger amount that can
be raised through donations, the room and board fees would be in the middle of
the current fee range.
CONCLUSIONS: The financial analysis supports the applicant's statement that the
current Greek house cannot be sustained. The same conditions are likely to be the
case for any Greek chapter located at this property. Although it may be financially
feasible to demolish the Greek house, sell the property, and develop an apartment
building here, that is not the City's preferred land use. Therefore, it can be
concluded that the prohibition for front yard parking for which the variance
has been requested does preclude a reasonable use of the land and therefore
results in an unnecessary hardship and thus the variance does meet the
standard of Ames Municipal Code Section 29.1504(4)(b)(1).
The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood.
FINDINGS: The zoning regulations do not require providing one parking space per
bed when Greek house are renovated, only for new buildings. Even the Greek
houses that have been built to replace those destroyed by fire have not been
required to provide parking to this standard.
Very few Greek houses that have been renovated were constructed as recently as
this Greek house. Therefore, most of the donations that have been made to
renovation projects have been from alumni who lived in the house being renovated.
Also, the applicant reports that there have been many problems with the Sigma Chi
house since it was constructed,which has reduced its popularity with residents and
thus alumni.
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CONCLUSIONS: In order to make secure the future of this Sigma Chi chapter a
new house is needed that will house 50 students. The City code requires 50 parking
spaces. Because of the size of the lot and its location on a corner, the needed
building and parking lot will not fit on the property without the parking extending into
the front yard on Gray Avenue. Therefore, it can be concluded that unique
circumstances exist in this case that present a hardship from the literal
enforcement of the ordinance and thus the variance does meet the standard of
Ames Municipal Code Section 29.1504(4)(b)(ii).
The use to be authorized by the variance will not alter the essential character
of the locality.
FINDINGS: The current parking lot is in the same location as the proposed lot,
extending into the front yard on Gray Avenue, has a gravel surface, and has no
substantial screening. The proposed parking lot will be hard-surfaced and have a
4-foot shrub screen and shade trees on its perimeter.
Adjacent to the proposed parking lot to the south is a gravel parking lot in the front
yard on Gray Avenue of the Acacia Greek residence. Across Gray Avenue to the
west is the large paved parking lot for Buchanan Hall, which extends well into the
25-foot front yard area. To the east is another parking lot in the back yard of
another Greek residence facing Lincoln Way.
The proposed Sigma Chi building will face Lincoln Way and the proposed parking
lot is on the opposite side of the building. (See Attachment C Site Plan)The building
and topography will almost fully screen the proposed parking lot from the important
Lincoln Way corridor.
The proposed parking lot will not be visible from any lower density, non-Greek
residences.
CONCLUSIONS: The new Greek residence and paved parking lot will improve the
attractiveness of this area to many observers. The proposed front yard parking will
have little visibility and may be seen favorably in comparison to the adjacent parking
lots. Therefore,staff concludes that the variance for front yard parking will not
alter the essential character of the locality and the variance request does meet
the standard of Ames Municipal Code Section 29.1504(4)(b)(iii).
(c) The spirit of the Ordinance shall be observed even when the variance is
granted.
FINDINGS: The spirit of the ordinance applied to this zoning district is to protect
and preserve the attractive landscaped yards of the Greek houses that are an
essential element in the character of this neighborhood. As the applicant explains
in the application form, the architect explored several alternatives to front yard
parking and concluded that the impacts on the neighborhood would be greater than
the impacts of paving and screening an existing parking area in the front yard. Even
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if the Greek house could be renovated or built new without parking in this location,
the resulting green space would not be highly visible to the neighborhood and
community.
CONCLUSIONS: Preserving the Greek residential use of this property will preserve
the spirit behind the front yard parking ordinance. Considering the natural and new
screening and the adjacent parking lots all around,the appearance of the front yard
parking will not compromise the spirit of the ordinance. Therefore,staff concludes
that the variances for front yard parking does meet the standard of Ames
Municipal Code Section 29.1504(4)(c).
(d) Substantial justice shall be done as a result of granting the variance.
FINDINGS: More than a dozen Greek houses in this neighborhood have been
renovated in order to improve safety and meet the needs of today's students. This
has helped to create a trend of increased Greek membership and has preserved
and improved the Greek neighborhood. Because of various circumstances, the
Sigma Chi chapter has not been able to benefit from this growth and the building
has continued to deteriorate and become less attractive to new members. Front
yard parking is one of the steps that is necessary for the Sigma Chi chapter to take
part in this positive change.
CONCLUSIONS: The applicant can help the meet the goals of the city policies for
this neighborhood and at the same time secure its future as many other Greek
chapters have done,without negative impact on the neighborhood or community. In
order to do so, a parking lot in the front yard on Gray Avenue is necessary.
Therefore, staff concludes that the variance for front yard parking does meet
the substantial justice standard of Ames Municipal Code Section
29.1504(4)(d).
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for a variance allowing
development of a project at 2136 Lincoln Way with front yard parking on Gray
Avenue.
2. The Zoning Board of Adjustment may deny this request for a variance, if it makes
findings that the criteria of 29.1504(4) have been not been met, preventing
development of a project at 2136 Lincoln Way with front yard parking on Gray
Avenue.
3. The Zoning Board of Adjustment may table this request for a variance, and request
additional information from City staff or the applicant.
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DEPARTMENT RECOMMENDATION:
The Zoning Board of Adjustment must consider variance requests based on the standards
of the Ames Municipal Code for variances. From the Findings of Fact and Conclusions
above, it can be concluded that the variance request meets all of the criteria for a variance
required by Ames Municipal Code Section 29.1504(4):
• By preserving for the future the historic use of this property in the unique Greek house
neighborhood, the variance is consistent with this public interest.
• Other options for Greek living are not financially sustainable on the subject property
without the requested variance.
• The unique circumstances of this property and the history of its development cause the
need for a variance. NOT
• The placement of hard-surfaced and screened parking in the front and will alter the
p p 9 Y
essential character of the area because of the condition of its surroundings at this
location.
• Making it possible to sustain a Greek chapter at this location is in the spirit of the
ordinance and the future vision for the neighborhood.
• Substantial justice for this Greek chapter to turn its trend around and grow stronger as
many other of its neighbors have requires that this variance be deified- APVRwEV 16MNWD
Therefore, it is the recommendation of the Department of Planning and Housing that
based upon the Findings of Fact and Conclusions contained in this report, the
Zoning Board of Adjustment approve this request for a variance allowing
development of a project at 2136 Lincoln Way with front yard parking on Gray
Avenue.
SAPLAN_SHMCouncil Boards Commissions\ZBA\Variances\2136LincolnFrontYardPkgVadance-04-27-11.doc
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