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HomeMy WebLinkAboutA6 L DEC - 8 2011 CITY OF AMES, IOWA ZONING BOARD OF ADJUSTMENI CITY CLERK CITY OF AMES,IOWA IN THE MATTER OF THE CASE N0. 11-21 APPLICATION OF KLUVER FORA SPECIAL USE PERMIT, SECTIONS GEOCODE NO. 05-27-275-010 29.307(2) & 29.1503 , AMES MUNICIPAL CODE,TO AMEND A DECISION & ORDER SPECIAL USE PERMIT ON THE PROPERTY LOCATED AT 3925 CALHOUN AVENUE FACTS 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 Permit, 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 Pen-nit. 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 fagade 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. ORDER 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. .y.. ily Burto Bruce Calhoun cretary t the Board Chair Commission Action Form for the ITEM #: November 9, 2011 Amendment to the SUP 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 1 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. 2 (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 for the 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. 3 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. 4 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 fagade 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 5 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. 6 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. S:\PLAN_SHR\Council Boards Comm issions\ZBA\Special Use Permits\3925 Calhoun Ave revised SUP 11-09-11.doc 7 4 iC v C. , t r t � � u � _ a a W Subject Property �, �, MR r k � U ' x r k Location Map Map Area 3925 Calhoun Avenue 0 75 150 300 r Feet Property t ° AMS ST i � � �` =fie >*Y !" r ft a;,5a i a f Zoning Map Map Area 3926 Calhoun Avenue E �r -s fy ...:j' i 0 75 150 300 ,�� ..,•, e 4 �� -�- Feet 9 Subject ��4DAMS ST Property s s � 3 rrh� Y O 1 �. ' a° MAU t i V r � s a � t i h Aerial View 3925 Calhoun Avenue Map Area 0 25 50 100 Feet 10