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HomeMy WebLinkAbout~Master - D&O for variance to parking restrictions at 2136 Lincoln Way L lE CITY OF AMES, IOWA JUL 15 2011 ZONING BOARD OF ADJUSTME T CITY CLERK CITY OF AMES,IOWA IN THE MATTER OF THE APPLICA- TION OF SIGMA CHI FRATERNITY : CASE NO. 11-05 FORA VARIANCE TO THE PARKING GEOCODE NO. 09-09-226-010 RESTRICTIONS,SECTION 29.406( )(c) OF THE AMES MUNICIPAL CODE,TO ALLOW FRONT YARD PARKING ON THE PROPERTY LOCATED AT : DECISION & ORDER 2136 LINCOLN WAY FACTS The property at this address is located in the Greek residence neighborhood on the south side of Lincoln Way across from the Iowa State University campus. That area is zoned RH (Residential High Density) and O-UIE (East University Impacted Overlay). This site is owned by the Beta Omicron Chapter of Sigma Chi Fraternity and has on it their fraternity house. Constructed in the early 1960's, the existing fraternity building is showing its age as ongoing maintenance costs have increased over the years and require this house to charge proportionately more for room and board than other options. At the same time, the lifestyles and living environment sought by today's students has changed such that it would require major remodeling of this building to create a living situation that could compete with amenities offered at other Greek houses or with the private sector. The outdated condition of the residence has also contributed to declining occupancy,which in turn means a higher per capita room and board for the fewer residents it can attract. This fraternity enjoys a loyal and engaged alumni,who have supported this chapter despite these challenges. In light of all of these factors, the Chapter reviewed all its options and has decided that the most sensible course of action is to raze the existing structure and build a new frat house in the same location. The design they are proposing for a new Chapter house would be architecturally significant and technologically advanced, including environmentally efficient options. It would complement the other Greek houses of that area much more than the present one does. The proposed site plan would have the house built toward the front of the lot,with the parking lot generally to the rear or south of it. This is,however, a corner lot so the building will also front Gray Avenue along the west side. On the west side of the parking lot, the lot is closer to Gray than the west wall of the house is, placing it in the front yard. The current parking lot also is closer to Gray than the west wall of the house, but it is allowed to be there because it predates this zoning restriction. Once the house is razed,the legally vested nonconforming use status of the present situation no longer applies. This fraternity is seeking a variance to allow that parking to be retained. The plan shows that the parking lot will be landscaped to screen the street view of the cars. This lot will be paved and organized to maximize the space available,unlike the present lot,which is gravel and lacks stall markings. If the fraternity has to keep the present house just to be able to keep the parking location intact, it will Page 1 of 2 ultimately lose all beneficial use of this property, since the ultimate result will be closure of this fraternity and no other type of use would likely be allowed. DECISION The Board considers the standards applicable to variances from the provisions of the zoning ordinance. In this instance, the zoning ordinance limits the uses to which this lot can be put by requiring specific permission to demolish an existing fraternity. The ordinance intends that such structures should be retained. Here, however, the Chapter very much wants to continue the use, though it cannot practically do so in this existing building,the condition of which is causing the loss of occupants. Rather than lose all reasonable use of their property by forcing the Chapter to try to live in this building, using the support they have to construct a new one would be in the public interest. That plan,rather than altering the essential character of the locality,will better fit in with the neighboring properties better than the current house does. The circumstances are unique in that this house has deteriorated much more than anticipated and is in the situation where it is more costly to maintain or remodel than it is to just tear it down and start anew. The only impediment is the location of the parking,and the requested relief would allow the parking to be retained in its current location,but with substantial improvements to the parking lot surface and aesthetics. The proposed plan is in keeping with the spirit of the ordinance by maintaining all the intended and desirable elements of this use while providing substantial justice for all. In light of these determinations,the Board finds that the standards for a variance have been met and it should be granted. ORDER WHEREFORE, IT IS ORDERED that the applicant is granted a Variance to the Front Yard Parking restrictions in a RH (Residential High Density) zoning district, Section 29.406(7) of the Ames Municipal Code, to allow front yard parking in the west yard fronting on Gray Avenue for the property located at 2136 Lincoln Way. Any person desiring to appeal this decision to a court of record may do so within 30 days after the filing of this decision. Done this 27th day of April, 2011. r ALCCC. roily Burton/ Bruce Calhoun ecretary tOhe Board Chair Page 2 of 2