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HomeMy WebLinkAboutA001 - Staff Report dated June 8, 2011 ITEM#: 6 DATE: 06-08-11 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT CASE FILE NO: 11-12 DATE PREPARED: June 3, 2011 MEETING DATE: June 8, 2011 REQUEST FOR A VARIANCE TO ALLOW A SIX FOOT FENCE IN THE FRONT YARD AT 1407 SOUTH GRAND AVENUE PROPERTY OWNER: Campus Crest Development, Charlotte, NC c/o Chris Russ APPLICANT: Scott Renaud, FOX Engineering, Ames, Iowa LOCATION: 1407 South Grand Avenue, south of Coldwater Golf Links and east of Ames Christian School, on South 16th Street. (South Grand Avenue yet to be constructed) ZONING: "RH" (Residential High Density) and "AE" — Floodway Fringe Overlay District—As determined on FEMA FIRM map APPLICABLE CODE: Ames Municipal Code Chapter 29, Section 29.408(2) Fences: (2) Fences. (a)Applicability. These standards apply to all zoning districts except General Industrial (GI) and Planned Industrial (PI). (b) Types of Fences. These standards apply to walls, fences and screens of all types whether open, solid, wood, metal, wire, masonry, earthen, or other material. (c) Location and Height. (i) Height in Front Setbacks & Yards. The maximum height of fences in front setbacks and front yards is four (4) feet. (ii) Height in Side and Rear Setbacks. The maximum height for fences in side or rear setbacks is six (6)feet, except as further limited by this section in setbacks abutting street rights-of-way. (iii) Height in Setbacks Abutting Rights-of-way. The maximum height of fences in any setback abutting a street right-of-way is four (4) feet, except that up to six (6) feet of fence is allowed in any side or rear setback if: (a) The lot does not abut the front yard of any other residential property along the same side of the street; (b) The fence is at least five (5) feet from the property line abutting a street 1 right-of-way. Within this five (5)foot area, landscaping is required consisting of one landscape tree for every 50 lineal feet and two high or three low shrubs for every ten lineal feet of area to be planted. (iv) Height Outside of Setbacks. The maximum height for fences that are not placed in setbacks is eight (8) feet, except that in any portion of a front yard fences shall not exceed four (4) feet. (v) Retaining Wall. In the case of retaining walls and supporting embankments,the above requirements shall apply only to that part of the wall above finished grade of the retained embankment, provided that the finished grade at the top of the wall or embankment extends at least 20 feet or if the available area is less than 20 feet, the grade extends to the principal structure. Otherwise, it will be considered an earthen berm and will be subject to the height limitation for fences. (vi) Visibility Triangle. All fencing shall meet the requirements of the visibility triangle as defined in section 29.408(5) of the Municipal Code. (d) Prohibited Materials. Barbed wire, razor wire, electric, and similar types of fences are prohibited. (Front) Yard definition: Ames Municipal Zoning Code Definitions Section 29.208: the actual unobstructed open space that exists or that is proposed between a structure and the lot lines of the lot on which the structure is located. PROJECT DESCRIPTION: On March 28, 2011, A Minor Site Development Plan was approved for this project called "The Grove," built by Campus Crest of Charlotte, North Carolina. Campus Crest is a national student housing company. The overall project covers 13.17 acres and includes housing and recreation for 587 students in 10 different buildings.The project complied with city codes for the applicable zoning districts, RH and Floodway Fringe, therefore the site plan was reviewed and approved by staff. A Flood Plain Development Permit and building permits were therefore issued by staff. The project is under construction and buildings are beginning to take shape with wood framing going up currently. Campus Crest markets itself as a very secure place for college students to enjoy living in community. As part of those security measures, the approved site plans included a fence surrounding the complex. Municipal Code does not allow fences over 4 feet high in front yard areas. The fence height was shown on the approved plans to be 6 feet high around the sides and rear and then lowered to 4 feet in the front yard areas along South 16tn Street and South Grand Avenue. Although the approved plans complied with the Municipal Code, Campus Crest desires to instead have a 6 foot fence around the entire perimeter, instead of lowering the height in the front yard areas to 4 feet as the approved plan indicated. (Seethe attached approved plan) VARIANCE CRITERIA: 2 f 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 use to be authorized by the variance will not alter the essential character of 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. BASIS OF APPEAL: See enclosed application which contains "Supporting Evidence" by the applicant for each criterion.Also see the enclosed wrought iron style fence photograph and schematic drawing. FINDINGS OF FACT & CONCLUSIONS: Staff makes the following findings of facts and conclusions based on the following six criteria: (a) The granting of the variance shall not be contrary to the public interest. Applicant statement excerpt: The applicant states that the additional height is a deterrent to individuals who do not have legal access to the site. If someone is burglarizing the complex it is more difficult to exit the site with stolen items with the six foot fence versus the four foot fence. FINDINGS: • The only other gated apartment complex that staff is aware of is Wessex at the intersection of University Boulevard and Oakwood Road. There is a wrought iron fence in the front yard areas of the complex that is four feet tall. There are gaps in the fence in the grassy areas, which would allow pedestrians to pass through. The fence appears to be in place primarily for controlling vehicle traffic. • There are many apartment complexes in Ames with no security fences. • Security fences are common for industrial properties where there are outdoor stored 3 items and equipment. Industrial properties are typically in lower traffic areas of the city and also areas of the city with lower ambient light levels. CONCLUSIONS: There are apartment complexes throughout the city that provide housing for students. There is no precedent for 6 foot security fences in residential areas of Ames, and therefore no evidence that 6 foot security fences are necessary to protect the public interest. Allowing a 6 foot fence in a non-industrial property would be contrary to the public interest. Therefore, staff concludes that the variance does not 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. Applicant statement excerpt: If the fence height is not increased then it is as if there is no fence at all and the security features of the site are rendered useless. This is a major marketing element of Campus Crest and there will be loss of potential tenants. FINDINGS: • Existing apartments are functioning in Ames without a 6 foot fence in the front yard. CONCLUSION: Evidence shows that apartment complexes can exist without fences in Ames. Therefore, staff concludes that the variance does not meet the standard of Ames Municipal Code Section 29.1504(4)(b)(i). (ii) The plight of the owners is due to unique circumstances and not to the general conditions in the neighborhood. FINDINGS: • There are other apartment complexes on corner lots in Ames without 6 foot fences in the front yard. • Large lots are typical for RH zoned properties. There is a large RH zoned lot across the street from this property. • The front yard is defined as the open space between the structure and the lot line. • A six foot fence could be attached to the sides of the buildings and still accomplish the security desire of Campus Crest for a six foot fence while also not placing the fence in the front yard. 4 CONCLUSIONS: There are no unique circumstances about the subject property. An alternative solution that would meet the zoning code would be to move the 6 foot fence back so that it is no closer to the front lot lines than the building facades. Therefore staff concludes that the variance does not meet the standard of Ames Municipal Code Section 29.1504(4)(b)(ii). (iii) The use to be authorized by the variance will not alter the essential character of the locality. FINDINGS: • There are no other existing front yard fences in the locality. • A four foot fence is more subtle than a six foot fence because of its reduced height and visual impact. CONCLUSIONS: Because there are no otherfences in the locality, installing the four foot fence according to the approved plan would have less impact on the essential character than the requested six foot fence. Therefore, staff concludes that the variance does not meet the standard of Ames Municipal Code Section 29.1504(4)(b)(ii). (c) The spirit of the Ordinance shall be observed even when the variance is granted. FINDINGS: • A wrought iron fence has less opacity than a wooden plank privacy fence. • The Somerset residential subdivision does include requirements for certain fence styles. • The Old Town historic district also includes requirements for certain fence styles. CONCLUSIONS: Although a wrought iron fence has less opacity than a wooden privacy fence,there is little precedent specific to fence opacity in Municipal Code. The need for enjoyment of open space could be one reason that the Municipal Code limits fences in the front yard to 4 feet. Therefore, staff concludes that the variance could meet the standard of Ames Municipal Code Section 29.1504(4)(c) if the ZBA finds that the opacity of a wrought iron fence that is taller than four feet accomplishes the spirit of the ordinance, then the ZBA should make the fence style a condition of approval, if itwere able to make favorable findings on all other criteria as well. (d) Substantial justice shall be done as a result of granting the variance. 5 FINDINGS: • The applicant's desire is to improve the security of the site by installing a fence taller than four feet in the front yard. • A site development plan with a compliant fence height and location was approved on March 28, 2011. CONCLUSION: In order for the variance to be granted,the ZBA should make findings that support all six criteria. A compliant site development plan has already been approved. Therefore, staff concludes that substantial justice has already been determined and subsequently the variance does not meet the standard of Ames Municipal Code Section 29.1504(4)(d). ALTERNATIVES: 1. The Zoning Board of Adjustment may deny the fence height Variance based upon the staff's findings and conclusions. 2. The Zoning Board of Adjustment may deny this request for a fence height Variance based upon its own findings and conclusions. 3. The Zoning Board of Adjustment may table this request for a Variance and request additional information from the applicant or staff and subsequently render a decision within a reasonable time period. 4. The Zoning Board of Adjustment may approve the Variance if it finds and concludes that it complies with all applicable criteria and codes. STAFF RECOMMENDATION: Based upon the Findings of Fact and Conclusions above, staff has concluded that the variance does not meet all six criteria of the Ames Municipal Code and should therefore be denied. SAPLAN SHR\Council Boards Commissions\ZBA\Variances\1407 S Grand Ave fence height Variance 06-03-11.doc 6 Jusd.Kj ��' s " Y n 7Ke k Mr ta, III Subject Property (�if �4 k � y r <t N Location Map Map Area > 1407 S. Grand Ave 2008 Aerial Imagery 0 130 260 520 Feet Map Created June 3,2011 7