HomeMy WebLinkAboutA001 - Staff Report dated November 9, 2011 ITEM #: 3
DATE: 11-09-11
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: November 4, 2011
CASE FILE NO.: ZBA 10-21
REQUEST: To approve a Special Use Permit to allow building additions for
an existing Special Use Permit for the property located at 3925
Calhoun Avenue
PROPERTY OWNER/
APPLICANT: Jeffrey Kluver
P.O. Box 934
Webster City, Iowa 50595
LOCATION: 3925 Calhoun Avenue
PROJECT DESCRIPTION:
Mr. Kluver (owner) received a Special Use Permit (SUP) from the Zoning Board of
Adjustment for the subject property on November 10, 2010. The permit allowed the
conversion of what was formerly a three-unit home to a two-unit home. The Special Use
Permit was required because the property is zoned Residential Low Density (RL), and
within the RL district, two-unit homes are only allowed under the following situations:
• They existed prior to the adoption of the 2000 Zoning Ordinance.
• They are approved under a Special Use Permit when converting one nonconforming
use to another nonconforming use (subject situation).
The owner requested the 2010 SUP without floor plans or building plans being presented
because there was no proposed change to the site layout except the removal of a
detached single stall garage accessed from Adams Street. Therefore, the SUP was
approved based upon the owner's verbal explanation of the project. Because the
conversion reduced the potential number of occupants, a condition was imposed requiring
that the excess gravel along the south property line be converted to grass.
Interior demolition could not be started until the summer of 2011 because of occupancy
issues, so the owner has experienced delays in his project schedule. Upon commencing
the project, the owner began consulting with an architect. Through that process the owner
identified a need to increase the functionality and longevity of the home by attaching two
new,two stall garages and modernizing the floor plan. This proposed modernization would
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result in a 124% increase (from 3,575 to 4,435) of gross floor area square footage when
compared to the cumulative square footage of all the buildings existing prior to the owner's
acquisition of the property. A 125% enlargement of a nonconforming use would be allowed
by right without ZBA approval, if the owner did not already have the active SUP. The ZBA
can further limit the amount of enlargement if it makes findings that the proposal does not
comply with all the General and Residential Zone standards.
The owner requests the revision to the Special Use Permit as described in the attached
Special Use Permit application and shown on the 10-page plan set drawn by architects
from Benjamin Design Collaborative. Note that the last page of the application includes
signatures from property owners in the vicinity that support the owner's request.
APPLICABLE LAW:
Chapter 29, Section 29.1503(4)(a), (b) and (e) of the Municipal Code states the following:
(4) Review Criteria. Before a Special Use Permit application can be approved,
the Zoning Board of Adjustment shall establish that the following general standards, as well
as the specific standards outlined in subsection (b) below, where applicable, have been or
shall be satisfied. The Board's action shall be based on stated findings of fact. The
conditions imposed shall be construed as limitations on the power of the Board to act. A
mere finding that a use conforms to those conditions or a recitation of those conditions,
unaccompanied by specific findings of fact, shall not be considered findings of fact for the
purpose of complying with this Ordinance.
(a) General Standards. The Zoning Board of Adjustment shall review
each application for the purpose of determining that each proposed use meets the
following standards, and in addition, shall find adequate evidence that each use in its
proposed location will:
(i) Be harmonious with and in accordance with the general
principles and proposals of the Land Use Policy Plan of the City;
(ii) Be designed, constructed,operated, and maintained so as to be
harmonious in appearance with the existing or intended character of the general vicinity
and that such a use will not change the essential character of the area in which it is
proposed;
(iii) Not be hazardous or disturbing to existing or future uses in the
same general vicinity;
(iv) Be served adequately by essential public facilities and services
such as highways, streets, police, fire protection, drainage structure, refuse disposal,water
and sewage facilities, and/or schools;
(v) Not create excessive additional requirements at public cost for
public facilities and services;
(vi) Not involve uses, activities, processes, materials,equipment or
conditions of operation that will be detrimental to any person, property or general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors; and
(vii) Be consistent with the intent and purpose of the Zone in which it
is proposed to locate such use.
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(b) Residential Zone Standards. The Zoning Board of Adjustment shall
review each application for the purpose of determining that each proposed use in a
residential zone meets the following standards, as well as those set forth in Section
29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its
proposed location will:
(i) Not create excessively higher levels of traffic than the
predominant pattern in the area and not create additional traffic from the proposed use that
would change the street classification and such traffic shall not lower the level of service at
area intersections;
(ii) Not create a noticeably different travel pattern than the
predominant pattern in the area. Special attention must be shown to deliveries or service
trips in a residential zone that are different than the normal to and from work travel pattern
in the residential area;
(iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross
vehicle weight)to and from the site except for waste collection vehicles and moving vans;
(iv) Not have noticeably different and disruptive hours of operation;
(v) Be sufficiently desirable for the entire community that the loss of
residential land is justifiable in relation to the benefit;
(vi) Be compatible in terms of structure placement, height,
orientation or scale with the predominate building pattern in the area;
(vii) Be located on the lot with a greater setback or with landscape
buffering to minimize the impact of the use on adjacent property; and
(viii) Be consistent with all other applicable standards in the zone.
(e) Conditions. The Board may impose such additional conditions it
deems necessary for the general welfare, for the protection of individual property rights,
and for ensuring that the intent and objectives of this Ordinance will be observed.
Additional Review Criteria. Chapter 29, Section 29.307(2)
(2) Nonconforming Uses.Any use of any structure or lot that was conforming or
validly nonconforming and otherwise lawful at the enactment date of this ordinance and is
nonconforming under the provisions of this Ordinance or that shall be made nonconforming
by a subsequent amendment, may be continued so long as it remains otherwise lawful,
subject to the standards and limitations of this Section.
(a) Movement, Alteration and Enlargement.
(i) Enlargement.
a. A nonconforming use may not be increased in intensity
and may not be enlarged, expanded or extended to occupy parts of another structure or
portions of a lot that it did not occupy on the effective date of this Ordinance, unless the
enlargement, expansion or extension complies with all requirements forthe zone,does not
create an additional nonconformity, and is approved for a Special Use Permit by the Zoning
Board of Adjustment, pursuant to the procedures of Section 29.1503, excluding
29.1503(4)(b)(vii) of the Review Criteria General Standards, except as described in
subsection b. following.
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b. Any building or structure containing a nonconforming use
may be enlarged up to 125% of the floor area existing on the effective date of this
ordinance, provided that the expanded building or structure complies with all density,
coverage and spatial requirements of the zone in which it is located.
C. The enlargement of a nonconforming use that has the
effect of making a structure nonconforming, other than as described in subsection b.
above, shall not be specially permitted pursuant to Section 29.1503, but rather shall be
construed as a request for a variance, subject to the procedures of Section 29.1504.
(ii) Exterior or Interior Remodeling or Improvements to Structure.
Exterior or interior remodeling or improvements to a structure containing a nonconforming
use shall be permitted, provided that any proposed enlargement, expansion or extension
shall be subject to the provisions set forth in the above paragraph.
(iii) Relocation of Structure.A structure containing a nonconforming
use shall not be moved unless the use and structure will comply with all of the regulations
that apply in the new location. The Zoning Board of Adjustment may authorize a structure
containing a nonconforming use to be moved to another location on the same lot, provided
that they determine that such a move will not have the effect of increasing the degree of
nonconformity.
Ames Municipal Code 29.307(2)(b) subsection regarding changes from one
nonconforming use to another nonconforming use (must be in the same use
category):
(b) The Zoning Board of Adjustment may grant a Special Use Permit to
allow a change from one valid nonconforming use to a different nonconforming use,
provided it is determined that:
(i) The proposed use is in the same section 29.501(4)category of
use as the current use;
(ii) No structural alterations will be made in the building or structure
containing the use that increases any nonconformity;
(iii) The proposed use will have no greater impact on the
surrounding area than the existing nonconforming use;
(iv) Adequate parking exists for the proposed use, based on parking
standards in the Ordinance; and
(v) The proposed use is compatible with surrounding land uses,
based on the hours of operation and the ability to mitigate noise and light impacts by
incorporating buffering between the proposed use and surrounding land uses where
necessary.
Section 29.701 of the Ames Municipal Code outlines the purpose and permitted uses for
the RL district. Among the permitted uses listed are single-family dwellings, and two-family
dwellings if pre-existing. Apartment buildings are not permitted in the RL zone.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. In addition, a notice of
public hearing was placed in the front yard of 3925 Calhoun Avenue. As of the writing of
this report, no public comments have been received.
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FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description herein and the architect's submitted plans,the following
findings of fact and conclusions may be made:
Findings:
1. The proposal increases the gross floor area square footage by 124% (3,575 to 4,435),
which is under the maximum of 125%.
2. The vicinity north, northwest and east from the subject property is single family
residential development. Abutting directly to the west and the south are congregate
living facilities. The two congregate living facilities are both larger than the subject two
family home expansion.
3. There is an existing driveway connection to Adams Street which was used to access
the single stall garage. The proposed driveway widening for a two stall garage will
require a curb cut permit from the City Engineer.
4. The 2010 SUP required a condition that the excess gravel area along the south
property line be converted to grass within one year.
5. The immediate vicinity (abutting properties) is characterized by one story, low density
development. A nearby subdivision,The Reserve, consists of smaller lots with two story
homes. The owner's proposal does not include any above grade multi-story additions or
expansions.
6. The subject property is zoned RL, which imposes a maximum density of 7.26 dwelling
units per acre. The subject property is 0.59 acres, which computes to a density of 3.39
dwelling units per acre for two units.
7. The owner proposes a style of architecture which is common to the surrounding
residential neighborhood: single story, low sloped roof angles and a facade of brick
veneer and horizontal lap siding.
Conclusions:
Based upon the above findings, the owner's application and the architect's plans, it can be
concluded that:
1. Although the gross square footage increase is nearly at the maximum allowed by
Municipal Code, the size of the subject lot ensures that the low density scale of
development is maintained by the proposed site layout. The exposure that a corner lot
has to the community is higher than an interior lot. Therefore the impact of the
proposal should be considered from multiple vantage points. The principal buildings on
the abutting two properties are congregate living facilities, which are both larger than
the subject principal building. The proposed enlarged building is therefore of a scale
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compatible with surrounding development. Additionally,the fagade improvements and
architectural style is consistent with the typical construction in the area. Therefore,the
proposed additions on the subject two-unit home are harmonious in appearance with
the character of the general vicinity.
2. The proposed changes to the parking area off Calhoun Avenue will make it more
compatible to the surrounding neighborhoods.
3. The proposed new front yard green space would be more characteristic of low density
residential development. A period of one year would be a reasonable time frame to
convert the excess gravel parking area along the south property line into green space.
4. The ZBA can approve this site layout showing the newly widened driveway from
Adams Street, but if the curb cut is not approved, the widening will only be allowed
beyond the right-of-way line. There is no information from the City Engineer at the time
of this report regarding whether the widening will be approved or denied. A condition
requiring that the curb cut be approved prior to any building permit being issued would
ensure that the application for curb cut is made as soon as possible. If it were to be
denied, then the site layout would need to be revised to show a tapered driveway.
Based upon the above findings and conclusions, it can be determined that the application
meets all applicable criteria of Ames Municipal Code, provided that the excess gravel area
along the south property line is converted to green space within one year, and provided
that a decision on the curb cut on Adams Street is made prior to a building permit being
issued.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve a Special Use Permit to allow the
proposed building additions for an existing Special Use Permit for the property
located at 3925 Calhoun Avenue with the following conditions:
A. The conversion of the excess gravel parking area along the south
property line into green space shall be completed within one year.
B. A building permit shall not be issued unless a curb cut on Adams
Street is approved by Public Works, or the driveway location is
revised on the site plan and approved by staff.
2. The Zoning Board of Adjustment may approve a Special Use Permit to allow the
proposed building additions for an existing Special Use Permit for the property
located at 3925 Calhoun Avenue by adopting its own findings of fact and
conclusion.
3. The Zoning Board of Adjustment may deny a Special Use Permit to allow the
proposed building additions for an existing Special Use Permit for the property
located at 3925 Calhoun Avenue, if the Board finds and concludes that the
proposed Special Use Permit is not consistent with adopted policies and
regulations, or that the Special Use Permit will impose impacts that cannot be
reasonably mitigated.
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4. The Zoning Board of Adjustment may table this request for a Special Use Permit
and request additional information from City staff or the applicant.
RECOMMENDED ACTION:
Based upon the Findings of Fact and Conclusions above, it is the recommendation of the
Department of Planning and Housing that the Zoning Board of Adjustment act in
accordance with Alternative#1. This is a recommendation to approve a Special Use Permit
to allow the proposed building additions for an existing Special Use Permit for the property
located at 3925 Calhoun Avenue with the following conditions:
A. The conversion of the excess gravel parking area along the south property
line into green space shall be completed within one year.
B. A building permit shall not be issued unless a curb cut on Adams Street is
approved by Public Works, or the driveway location is revised on the site
plan and approved by staff.
SAPLAN SHR\Council Boards Commissions\ZBA\Special Use Permits\3925 Calhoun Ave revised SUP 11-09-11.doc
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