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HomeMy WebLinkAbout~Master - Special Use Permit - 3925 Calhoun Avenue - Jeffrey KluverCITY OF AMES, IOWA ZONING BOARD OF ADJUST IN THE MATTER OF THE APPLICATION OF KLUVER FOR A SPECIAL USE PERMIT, SECTIONS 29.307(2) & 29.1503, AMES MUNICIPAL CODE, TO AMEND A SPECIAL USE PERMIT ON THE PROPERTY LOCATED AT 3925 CALHOUN AVENUE FACTS CASE NO. 11-21 L E DEC - 8 2011 CITY CLERK CITY OF AMES, IOWA GEOCODE NO. 05-27-275-010 DECISION & ORDER The property at this address is a single story residential structure that was most recently used as a three unit rental. It is located in an RL (Low Density Residential) zoning district. Last year, the owner of the property had applied for and received a Special Use Permit from this Board to allow him to convert the use from a three unit structure to a two unit structure. That Special Use Permit was required because under the zoning ordinance, two unit homes are allowed in an RL district only if pre-existing the 2000 zoning code or if approved by the ZBA pursuant to a Special Use Permit. At the time the owner sought the original permit, he had a conceptual plan for the remodeling project, but he did not have approved plans or a building permit since those were not necessary at that point in the project. Once he had obtained the Special Use Pen -nit, he could proceed with demolition of the interior, which he did in the summer of 2011 after the tenants had ended their lease term. Upon commencing with the project, the owner engaged the services of an architect and through that process, the need to increase the functionality and longevity of the home was identified. The resulting remodeling proposal was significantly different than the plan which had been the basis of the original Special Use Permit, thus prompting the request for amendment of the Permit. The owner is now seeking to build onto the structure by adding two attached two -stall garages and several porches and breezeways. The overall gross square footage of the proposed new structure will be increased from 3575 square feet to 4435 square feet, increasing the gross floor area to 124% of current size. The exterior design would remain essentially the same style but the quality of finish materials would be updated and improved so as to better fit with the surrounding neighborhood. There will be two dwelling units whose primary entrances will be on different streets, rather than on one side of the home. The prior use of the structure had included a gravel drive and a gravel surfaced overflow parking area, but this will be removed and all driveway surfaces will be improved by hard surfacing, and new sidewalks will be installed. The parking will be ample to meet the needs of the occupants. No additional city services or facilities will be needed for this remodeling. The neighbors support this application as it will be a major enhancement to the past condition of the property. DECISION The Board considers the evidence presented in light of the standards applicable to requests for Special Use Permits. In this case, the owner is proposing to change this structure from one nonconforming use to a different nonconforming use, which has separate additional standards that must be met, in addition to the general standards for Special Use Permits in a residential zone. The proposed use will remain residential, which is consistent with the Land Use Policy Plan, the zoning district and with the general vicinity. There are adequate public services and facilities for this use, and the decrease in overall number of units will improve the levels of traffic attributable to the site. This change from one nonconforming use to another will decrease the number of living units even though the gross square footage is increasing, and the additional space is being made to improve the available enclosed onsite parking, which should lead to a significant improvement in the appearance of parked vehicles. The other exterior improvements, such as building sidewalks and upgraded fa�adc details, demonstrate an intent to invest in changes to improve and support the neighborhood. In light of these facts and based on the findings of staff, which are adopted by the Board, it is determined that this Permit can and should be granted. WHEREFORE, IT IS ORDERED that the applicant is Granted a Special Use Permit, Sections 29.307(2) and 29.1503 of the Ames Municipal Code, to amend a Special Use Permit Allowing Conversion from a Nonconforming Use (a three unit residence) to a Different Nonconforming Use ( a two unit residence), with the following conditions: A. That conversion of the excess gravel parking area along the south property line into green space shall be completed within one year; and 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, all for the property located at 3925 Calhoun Avenue. 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 9th day of November, 2011. ily Burto cretary t the Board Bruce Calhoun Chair