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Home My WebLink AboutA001 - Staff Report dated December 7, 2011 ITEM#: 5 DATE: 12-07-11 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: November 30, 2011 CASE FILE NO.: ZBA-11-23 MEETING DATE: December 7, 2011 REQUESTED EXCEPTION: To allow a reduction of the rear setback from 20 feet to 18 feet on the north side of a single family detached residence. PROPERTY OWNER: Steven and Randi Peters APPLICANT: Steven and Randi Peters LOCATION: 3127 Greenwood Road (See Attachment A) ZONING: R-L (Residential Low Density) BACKGROUND: The subject property has a single-family residence with an attached garage. The property is a rectangular shape approximately 92 feet wide and 105 feet deep. There is a platted "Lot R" along the rear of the lot extending from Ridgetop Road to Valley View Road. This lot is platted for public space and for a walking path. Along the rear of 3127 Greenwood Road, the width of this Lot R varies between about 38 feet and 44 feet. The required setback distances in the RL district are 25 feet in the front and 20 feet in the rear. Since the house is considered as having two stories above grade, the required side setback is 8 feet. The existing structure is about 25 feet from the front lot line and 38 feet from the rear lot line. PROJECT DESCRIPTION: The homeowners, Steven and Randi Peters, wish to construct a two story addition in the rear of the existing house to provide a first floor bedroom, bath and laundry.The lower level of the addition is at basement level. The dimensions of the addition are 23, 4"wide and 20' deep. The depth brings the rear wall to within 18 feet of the rear property line whereas a 20 foot setback is required. APPLICABLE REQUIREMENTS: Ames Municipal Code Section 29.1506(4)(c) states the following: (c) Exceptions for minor area modifications. The Board is authorized to grant exceptions from the requirements of the zoning ordinance to allow minor area modifications for single-family attached and detached dwellings that exist in developed areas, but not in cases of new construction. These are authorized for the following situations: (ii) Reduction of required residential front and rear yard setbacks for principal structures by no more than five feet; BASIS OF REQUEST: See the "Supporting Information" prepared by the applicant and included as part of this packet. FINDINGS OF FACT: Section 29.1506(4)(c)of the Zoning Ordinance describes the criteria that must be met for an Exception for Minor Area Modification. Below are the criteria followed by staff's analysis of each. 1. Special circumstances or practical difficulties apply to the property such that the terms of the ordinance cannot be satisfied. The platting of Northridge Parkway 6th Addition created lots on the north side of Greenwood Road with a depth of about 105 feet. This depth is generally less than other residential lots in the area. The public green space and walking path that lies to the rear of these lots appears to have been intended to compensate for the reduced depth of the rear yards. These public spaces abutting the rear yards of homes in Northridge Parkway are common but not ubiquitous. Not all lots that abut these public spaces have the same reduced rear yards. But all the lots that have a depth of 110 feet or less abut these public spaces. While this subject lot is not unique, it shares this same characteristic with other lots that abut the public spaces and shared walking paths in the subdivision. While the public spaces appear to have been designed to compensate for the shorter rear yards, it does constrain the lots by reducing the available building envelope. 2. The minor area modification will not be detrimental to the public health, safety, or general welfare. The Exception, if approved, would result in a reduced rear setback from 20 feet to 18 feet—a ten percent decrease. It is unlikely that the casual observer would be aware of the encroachment into the setback. There are no additional fire protection measures needed in the design or construction of the addition due to the decreased setback. The proposed addition retains side setbacks consistent with others in the neighborhood. 2 3. The minor area modification will not have a substantial negative impact upon neighboring properties. The proposed Exception will result in a rear setback of 18 feet rather than the required 20 feet. The neighboring property to the rear and to each side would be most affected by the granting of the Exception. Because of the public space behind the subject lot, the proposed addition to the house would be about 58 feet from the rear property line of the lot to the rear. There is an extensive stand of trees within the public space between the walking path and the subject property that will help screen the two-foot encroachment. And since the addition is at basement and first floor level, its height will not cast shadows beyond what the two story house currently casts. The proposed addition will lie about 22 feet from the east side lot line and 36 feet from the west side lot line. This placement affords the least disruption of light and air to the abutting side properties. 4. The minor area modification does not exceed the reduction limits established in the listing of minor area modification in Section 29.1506(4)(c)(i), (ii), or(iii) whether the limits are reached by a single exception or serial exceptions. Section 29.1506(4)(c)(ii) allows for a reduction of a required rear setback by no more than five feet. The requested reduction is 2 feet of the required 20-foot rear setback. 5. The minor area modification does not authorize a use or activity not otherwise expressly authorized by the regulations within the zoning district in which the property is located. The use is currently single-family residential and will remain single-family residential. Other than the reduced rear setback, the proposed improvements are consistent with the zoning regulations. 6. The minor area modification is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community. Except for the reduction of the rear setback, the subject property appears to otherwise be in conformance with Zoning Ordinance. 7. The minor area modification is the minimum necessary to achieve the desired result. The applicant has submitted architectural drawings (prepared on 10/27/11 and received by the City on 11/28/11) showing the interior layout of the proposed addition. The addition is 23 feet in width and 20 feet in depth. It accommodates a bedroom with closet, a bathroom with shower, laundry facilities and a linen closet. The applicant states that this provides the enlarged living area that he desires in the 3 most efficient arrangement. It also allows the existing sliding doors on the north side of the existing wall to be relocated and reused as an entryway for the addition. This 20-foot depth results in the need for the 2-foot encroachment in to the required setback. 8. The minor area modification does not alter the applicant's obligation to comply with other applicable laws or regulations. The requested Exception for Minor Area Modification for 3127 Greenwood Road is for a specific distance and in a specific site location. All other obligations to comply with applicable laws or regulations are not effected by this modification and are not being considered through this application. CONCLUSIONS: The above findings lead staff to conclude that the eight criteria which the Board must consider have been satisfied. ALTERNATIVES: 1. The Zoning Board of Adjustment can approve this request for an Exception for Minor Area Modification to the rear setback from the required 20 feet to allow an 18- foot setback on the north side of the single-family dwelling at 3127 Greenwood Road subject to the side and rear setbacks of the addition as shown on the site plan prepared on 10/27/11 and received by the City on 11/28/11, based on the above findings of facts and conclusions. 2. The Zoning Board of Adjustment can deny this request for an Exception for Minor Area Modification to the rear setback from the required 20 feet to allow an 18-foot setback on the north side of the single-family dwelling at 3127 Greenwood Road, based on other specified findings of facts and conclusions. 3. The Zoning Board of Adjustment can refer this request back to staff and/or the applicant for further information. DEPARTMENT RECOMMENDATION: The Zoning Ordinance allows for an exception to rear setbacks to be granted by the Zoning Board of Adjustment as long as the proposed exception is in compliance with the criteria outlined in the ordinance. Staff has determined that the criteria are met with this application. Furthermore, all other Residential Low Density district standards appear to also be met. Therefore, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment approve Alternative#1, based on the above findings of facts and conclusions. This will approve the request for an Exception for Minor Area Modification to the rear setback from the required 20 feet to allow an 18-foot setback on the north side of the single-family dwelling at 3127 Greenwood Road subject to the side and rear setbacks of the addition as shown on the site plan prepared on 10/27/11 and received by the City on 11/28/11. S:\PLAN_SHR\Counci1 Boards Commissions\ZBA\Misc\3127 Greenwood-Exception for Minor Area Modification 12-07-11.doc 4 Attachment A As 4 r S " / ieae 5 ; / a Z ci �F roa' a a `l icing Map 27 Greenwood Road Feet 0 50 100 200 5 Attachment B �IIII,I:u i4i � IuVlil�� i�II ii�ll 11�II��pldi4{III i� �I LI�I�NI��!I ipl�"III�I°�I'II,.,, s mbz zPf�Y �4A+` MOW / i r - e-'s - < .fix � it y,, Y r yc� - ur�rr ;r•�c '., r r��. �f i>H r� ,S�r /h� J 33. k �k r r "IN x 1..s d,,, Site Map Greenwood3127 Road F LJ—�Feet Proposed Addition 6