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Home My WebLink AboutA002 - Staff Report dated November 14, 2012 4 ITEM#: 4 DATE: 11-14-12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: November 5, 2012 CASE FILE NO.: ZBA-12-25 MEETING DATE: November 14, 2012 REQUESTED EXCEPTION: To allow a reduction of the side setback from 6 feet to 4 feet on the east side of a single family detached residence. PROPERTY OWNER: Roger Ferris APPLICANT: Harold Pike, HPC, LLC LOCATION: 2520 Tyler (See Attachment A) ZONING: RL (Residential Low Density) BACKGROUND: The subject property has a single-family one-story residence with an attached one-car garage on the north side. The property is approximately 80 feet wide on the front and 120 feet deep for a total of 9,600 square feet in area. 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 12 feet wide and 20'-6" deep. The garage is currently 14 feet from the north property line. Since the house is considered as a one story above grade, the required minimum side setback is 6 feet. (See attached Site Plan) PROJECT DESCRIPTION: Currently, the garage has an 8-foot wide garage door. The homeowner wishes to widen the garage by 10 feet on the north side and install a second garage door. The addition would extend the entire 20'-6" depth of the garage. An exception for minor area modification to allow the garage to extend 2 feet into the minimum required side yard setback of 6 feet is requested. (See attached Site Plan) Staff has contacted the owner regarding the proposal for hog slats for the proposed driveway expansion, as requested by the City Engineer, to verify compliance with the code. Staff will continue to the work with the owner to come to a determination on compliance for the driveway material. r 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. Along the Tyler Avenue frontage and 25th Street frontage there are a total of 26 homes. All but one of the residences have attached garages. A total of 22 of the homes have attached two car garages. Only four of the lots, including the subject property, still have single car garages. The required side yard setback on the property would leave only about 8 feet clear width, which is not sufficient for a garage addition to allow for this home to have a two car attached garage. 2. The minor area modification will not be detrimental to the public health, safety, or general welfare. The houses on this block generally have two car attached garages and generally maintain minimum setbacks for the residences. Even with the two foot encroachment it appears that some of the current houses on the block would encroach further than the subject property if the encroachment were approved. 3. The minor area modification will not have a substantial negative impact upon neighboring properties. The proposed addition would result in no more than 40 square feet of the garage encroaching into the side setback area. Visually, the encroachment of two feet for a reduced setback from 6 feet to 4 feet will hardly be noticeable. Typical homes in this area have two car attached garages which are attached and 2 accessed from the front fagade. This encroachment to allow for the garage addition would not be out of character for the neighborhood. 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)(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 6-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 is currently single-family residential and will remain single-family residential. 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. Except for the reduction of the side yard setback, the subject property appears to otherwise be in conformance with the community's Zoning and Plan. 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. The existing single car garage for the home is 12 feet in width by 20'-6" in length. The new expansion (10' by 20'-6") will allow for a two car garage with an overall dimension of 22' by 20'-6" which is not an unreasonable size for a standard two car garage. The 10 foot expansion is a very reasonable size for the parking of a second vehicle with space for the vehicle and resident access. 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 2520 Tyler Avenue is for a specific distance and in a specific site location. All other obligations to comply 3 with applicable laws or regulations are not affected by this modification and are not being considered through this application. CONCLUSIONS: With 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. 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 6 feet to 4 feet on the north side of a single family detached residence at 2520 Tyler 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 allow a reduction of the side setback from 6 feet to 4 feet on the north side of a single family detached residence at 2520 Tyler Avenue, 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 6 feet to 4 feet on the north side of a single family detached residence at 2520 Tyler Avenue. S:\PLAN—SHR\Council Boards Commissions\ZBA\Misc\2520 Tyler-Garage Exception for Minor Area Modification.docx 4 f Attachment A (Location Map) r: A, k, i ;at L 28TH ST _ � P 1 a � 26TH ST 9 y� Ui LU I■ 2 emt -W 24TH ST n ,E Location Map 2520 Tyler Avenue N 0 50 100 200 300 400 Feet Att 5 s achment B Photos of House — 2520 Tyler Avenue >MAI V, � 5 .F < , w k MM, Iwo '4J,-7 �� r � r �, f 3a w ��r s a•„ e y u y w M R m"O' A AM,