HomeMy WebLinkAbout~Master - Special use Permit to Amend a Special Use Permit for 3925 Calhoun AvenueCITY OF AMES, IOWA
ZONING BOARD OF ADJUSTMEN
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 PERMITON THE
PROPERTY LOCATED AT 3925
CALHOUN AVENUE
FACTS
CASE NO. 12-07
L
APR 26 2012
CITY CLERK
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. In 2010, 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 revised by this Board on the application of the owner in 2011, allowing him 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 was increased from 3575 square
feet to 4435 square feet, increasing the gross floor area to 124% of current size. The applicant is
now seeking a change to the one of those two dwelling units from the approved plan. The two
dwelling units have primary entrances that are facing different streets, rather than on one side of
the home. The southernmost of those two units has its main door roughly in the center of the east
wall of the building. Its secondary entry way is inside the garage. The owner now wishes to
create a third entrance to this unit directly from outdoors. The proposed entrance will be on the
southern side of this home, next to the garage, and will allow direct access to the basement from
the outside of the home. Presently, the basement under this apartment is only accessible by going
through to the center of the home. This proposed stairway would make it very easy to completely
separate the basement of the home into an independent living unit. The home at one time had
three dwelling units and when it was converted to two units pursuant to this Special Use pen -nit,
the kitchen in the basement was retained, even though there was already a complete kitchen
upstairs. The homeowner explains that the reason this access is being requested is to allow access
to the basement without having to go all the way through the house. The owner knows that the
basement is not allowed to be a separate dwelling unit and will retain the access to the interior
stairway so that the upper and lower floors have to function together.
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 the south dwelling unit in this
structure by adding another way to access tile basement Of that Unit directly from outside. 'Fhe
standards for Changing froill one ll0nc011f`arm Hl(-), LISC to another must he met, in addition to tile
.general standards for Special Use permits in a residential zone. As applied here, the [)reposed Use
will remain residential, which is consistent with the Land Use policy Plan, the zoning district and
with the general vicinity. There LUC adequate PLIMIC services and tlicilities for this use, and the
decrease in overall number Of' Units Will llllpl-OVC the levels of traffic attributable to the Site. This
change from one nonconforminghUse to another will decrease the number of living units even
though the gross SClUarc footage is increasing, and the additional space is 1.7cIng made to Improve
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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
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Upgraded facade details, demonstrate an intent to invest in changes to improve and support the
neighborhood. The addition oil ' another entrance to the kISCInellt of this Unit is a 11111101- change,
provided that the Interior stairway in that Unit is maintained so that tile two floors have to
Function to(,etlict-. The homeowner intends to do that. In 11(jit of these facts and based oil the
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findings of staff, which arc adopted by the Board, it is determined that this Permit can and should
be _granted.
ORDER
WIIEREFORE, 11' IS ORDERED that the application is Granted to amend a Special LJse
Permit, Sections 29.307(2) and 29.1503 ofthe Allies Municipal Code, to allow a revision in the
floor plall approved for Conversion of'a Nonconformin- Use (a three unit residence) to another
Noncorif'orming t.,Jse (a two unit residence), with the following Conditions:
A. That conversion of the excess gravel parking area along the SOLIth property line into
,green space shall be cornpleted within one year; and
B. No further changes may be made to the floor plans for this structure without further
review and approval by the Zoning Board ol'ACIjLlStl-rICFlt,
all for the property located at 3925 CalfiOUll AvCllUC.
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 le this 14"' day of'March, 2012.
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V"
frnily Burton
Secretary tojile Board
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