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Home My WebLink AboutA3 ITEM#: 6 DATE: 07-25-12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: July 20, 2012 CASE FILE NO.: ZBA-12-16 MEETING DATE: July 25, 2012 REQUESTED EXCEPTION: To allow a reduction of the rear setback from 20 feet to 18 feet on the west (rear) side of a single family detached residence. PROPERTY OWNER: Larry Gleason APPLICANT: Larry Gleason LOCATION: 711 Carroll Avenue (See Attachment A) ZONING: UCRM (Urban Core Residential Medium Density) BACKGROUND: The subject property has a single-family residence without a garage. The property is a rectangular shape approximately 100.69 feet wide by 90.10 feet deep. The existing house is a two-story structure. The front of the existing house is approximately 20.48 feet from the front property line. The rear of the house is approximately 25.74 feet from the rear property line. The north side of the house is approximately 9.60 feet from the side property line, and the south side of the existing house is approximately The required minimum setback distances in the UCRM 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 minimum side setback is 8 feet. In addition, the applicant has requested a second "Exception for Minor Area Exception"to construct a canopy on the front of a proposed two-car garage and entryway addition that extends 5 feet into the minimum required front yard setback of 25 feet. PROJECT DESCRIPTION: The homeowner, Larry Gleason, wishes to construct a one story addition on the west side (rear)of the existing house to function as an entry foyer off the kitchen. The dimensions of the addition are 8'wide and 14' long. The depth brings the rear wall to within 18 feet of the rear property line, 2 feet short of the minimum required setback. (See attached plan view drawing,floor plans, building elevations and plat showing existing conditions and proposed additions.) APPLICABLE REQUIREMENTS: Ames Municipal Code Section 29.1506(4)(c)(ii) 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 other lots in the two-block area from 7th Street to 9th Street are deeper than the subject property by approximately 45 feet, except for the corner lots that are similar in depth. This additional 45 feet of lot depth is part of the rear yard of the property at 119 East 7th Street. This reduced lot depth presents practical difficulties in placing a house with an east/west dimension similar to that of other houses in the neighborhood and retain the minimum required rear yard setback. 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 10 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. 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 north would be most affected by the granting of the Exception. The properties to the south and west have garages abutting the rear yard. The west property line is marked by a line of mature deciduous trees and the applicant states that there will be new landscaping at the 2 northwest corner of the property to screen the rear yard. View of the proposed addition from neighboring properties will be minimal, since a garage is located on the property to the west (rear), a garage is located on the property to the south (side), and significant trees and landscaping to the north (side) will screen view of the addition. The proposed addition would be constructed approximately 27 feet from the north side lot line and 60 feet from the south 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)(1), (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 being converted from a two-family dwelling to a single-family dwelling and will remain as 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. As noted above, one of the intents of setback requirements is to allow for air and light circulation among buildings. The rear entry addition would have no impact on air circulation and light for neighboring properties. The reduction of the rear setback for the subject property does not significantly impact the intent and purpose of the zoning ordinance, and has not effect on the general plan of the community for this established neighbor of single-family and two- family structures. 7. The minor area modification is the minimum necessaryto achieve the desired result. The applicant has submitted architectural drawings (received by the City on 07/17/12)showing the interior layout of the proposed addition.The addition is 8 feet in width and 14 feet in depth. It accommodates a rear entry to the house through the kitchen and serves as a mud room, and as an area for bench storage under the windows on the west wall and storage to the ceiling on the north wall. 3 The applicant states that this provides the minimum size for a rear entry to accommodate the storage and to function as a rear foyer. The 8-foot width of the entry 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 711 Carroll Avenue 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 west (rear) side of the single-family dwelling at 711 Carroll Avenue, 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 west (rear) side of the single-family dwelling at 711 Carroll Avenue, 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. 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 west (rear) side of the single-family dwelling at 711 Carroll Avenue. S:\PLAN SHR\Council Boards Commissions\ZBA\Misc\711 Carroll Avenue- Rear Entry Exception for Minor Area Modification 07-25-12.doc 4 Attachment A Vicinity Map — 711 Carroll Avenue II ' d "I, tl I I31 III '�P J� , R �m � >r �M E 9T£i S7r E19TFi S T � a � Viim'.Y' Y9 33.tl 0 S. u f y Jl JI yy ypE'E�TH yJd ri &7H C7 I 1p,l f W J I I y ,,,y I!If�l!Il�pi�ij rt Wki Ir: r CS I u W tl. � II i�l,i!1. y E' TH ST T , �1`.�, A'�k ,,,,,F r.a�7TH`ST-�.� •NTH 5T cs LU 6TW 6 ST � �: �, ,.I I �� 1��d •z, E'STH ST �NTH ST TH SST'1 �I 5 Attachment B Aerial Photo of Site — 711 Carroll Avenue / w 3 4 C1 tt' U' A o y 6 Attachment C Assessor's Office Photo of House — 711 Carroll Avenue ,00