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Home My WebLink AboutA002 - Staff Report dated August 2, 2012 1 ITEM#: 3 DATE: 08-08-12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: August 2, 2012 CASE FILE NO.: ZBA-12-20 MEETING DATE: August 8, 2012 REQUESTED EXCEPTION: To allow a reduction of the side setback from 8 feet to 6 feet on the east side of a single family detached residence. PROPERTY OWNER: Frederick and Lynn Koenig APPLICANT: Frederick and Lynn Koenig LOCATION: 2125 Polk Drive (See Attachment A) ZONING: RL (Residential Low Density) BACKGROUND: The subject property has a single-family two-story residence with an attached two-car garage on the east side. The property is a wedge shape approximately 70 feet wide on the front and from 129 to 148 feet deep. The front of the existing house is parallel to the front property line and set back 30 feet from the front property line. The garage portion of the house is one story tall and 20 feet wide and 22 feet deep. The garage is 8 feet from the east property line at the front and 11 feet from the east property line at the back corner. Since the house is considered as having two stories above grade, the required minimum side setback is 8 feet. (See attached Site Plan) PROJECT DESCRIPTION: Currently, the garage has a 16-foot wide garage door and the applicant states that the door and garage are very tight for two vehicles when one has large side mirrors. The homeowner wishes to widen the garage by two feet on the east side and install an 18- foot wide garage door. The addition would extend the entire 22 feet depth of the garage. An exception for minor area modification to allow the garage to extend 2 feet into the minimum required front yard setback of 8 feet is requested. Since the east wall of the garage is not parallel to the east property line, only the front half of the garage addition will encroach into the side setback. (See attached Site Plan) 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: (i) reduction of required residential side yard setbacks for principal structures by no more than two 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 house was built closer to the east property line than to the west property line. Since the existing garage is on the east side of the house and at the minimum side set setback distance, the garage cannot be widened without encroaching into the setback. 2. The minor area modification will not be detrimental to the public health, safety, or general welfare. The houses on this block generally have greater distances between them than the minimum side setback distances require and this would still be the case with the two-foot reduction in this side setback. 3. The minor area modification will not have a substantial negative impact upon neighboring properties. The proposed exception will result in side setback of 6 feet for a portion of this side of the house. However, the house next door to the east has its garage 15 feet from this property line and thus the distance between the houses will be 21 to 24 feet. 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. 2 1 Section 29.1506(4)(c)(i) allows for a reduction of a required side setback by no more than two feet. The requested reduction is 2 feet of the required 8-foot side 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 of this portion of the house will continue to be a garage for parking vehicles of the residents of the house. Other than the reduced side 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. One of the intents of setback requirements is to allow for air circulation and light among buildings. Because with the exception the houses will still be at least 21 feet apart, the garage addition would have no impact on air circulation and light for neighboring properties. Even if an addition to the two-car garage on the neighboring property were to be constructed to the 8-foot required setback, the separation of houses would still be similar to other low density residential neighborhoods. The reduction of the side setback for the subject property does not significantly impact the intent and purpose of the zoning ordinance, and has no effect on the general plan of the community for this established neighborhood of single-family structures. 7. The minor area modification is the minimum necessary to achieve the desired result. Expanding the width of the garage by only two feet is the minimum addition that could have any benefit. The proposed 18-foot garage door is the next largest size typically available from the existing 16-foot wide door. 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 2125 Polk Drive is for a specific distance and in a specific site location. All other obligations to comply with applicable laws or regulations are not affected by this modification and are not being considered through this application. CONCLUSIONS: The above findings based upon the application as described herein, the ZBA may conclude that the application meets all applicable criteria of Ames Municipal Code. 3 1 ALTERNATIVES: 1. The Zoning Board of Adjustment can approve this request for an Exception for Minor Area Modification to allow a reduction of the side setback from 8 feet to 6 feet on the east side of a single family detached residence at 2125 Polk Drive, 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 allow a reduction of the side setback from 8 feet to 6 feet on the east side of a single family detached residence at 2125 Polk Drive, based on its own 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 side 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 concluded 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 allow a reduction of the side setback from 8 feet to 6 feet on the east side of a single family detached residence at 2125 Polk Drive S:\PLAN SHR\Council Boards Commissions\ZBA\Misc\2125 Polk-Garage Exception for Minor Area Modification 08-08-12.docx 4 Attachment A LOR BLOOMING7UN RD , ism T �u r,,;j1d NOV x w� cagy L e ^x " #DA T,ONST Subject a�GN,pNpR aOwl z". Property , K DR ,YORKSHIRET YORKSfl9EIR - - " o- a- a. 3 x O i - Fla aim 4ELSTEVENSON DR rc" � KINT ON DRY ° EIISENHOWEKtcrR Location Map 2125 Polk Drive 0 125 250 500 Feet 5 Attachment B Assessor's Office Photo of House — 2125 Polk Drive n '� A i xd N 4 a.- 6