HomeMy WebLinkAbout~Master - Special Use Permit to rebuild a nonconforming structure at 301 South Fifth Street 4 �
CITY OF AMES, IOWA
MAR 1 4 2013
ZONING BOARD OF ADJUSTMENT
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IN THE MATTER OF THE APPLICATION OF CASE NO. 12-27
SOUTH MEADOWS HOUSING
COOPERATIVE FOR A SPECIAL USE GEOCODE NO. 09-11-175-240
PERMIT, § 29.307, AMES MUNICIPAL CODE,
TO REBUILD A NONCONFORMING
STRUCTURE ON THE PROPERTY DECISION & ORDER
LOCATED AT 301 SOUTH FIFTH STREET
FACTS
The property at this address contains one multistory, multifamily apartment building in a
complex that has several similar structures side by side on the north side of South Fifth Street
west of South Duff Avenue. It is in an RH (High Density Residential) zoning district. The
property lies within the Floodway Fringe zoning district, as well, since Squaw Creek runs
parallel to South Fifth on the south side of that street. The building had 56 apartment units on
the upper two floors with a mix of one, two and three bedrooms, all of which were built on the
top of ground level covered parking garages. This structure was very heavily damaged by fire in
July of 2012, with damage exceeding 70 percent of its value. With that level of damage, the
zoning code would require the owner to rebuild the structure in conformance with all current
codes unless a Special Use permit is granted to allow rebuilding as a non-conforming structure.
The owner is seeking a Special Use Permit to rebuild these apartments as non-conforming. The
owner would then reconstruct this apartment building in roughly the same configuration as it had
before the fire. This design would reuse and incorporate the covered multivehicle open parking
stalls on the ground level of the building, which were not damaged in the fire. This design
allows the site to minimize open surface parking and it also incidentally provides a high level of
flood protection to the apartments, since during the past floods the floodwaters inundated only
the garages. This proposal would not comply with all of the code requirements of the zoning
ordinance, because there are elements of the site design which are not able to be fit on the site.
The existing site is compact for the size of structure it holds and forcing the conventional site
plan requirements on this site would significantly reduce the useable building area. Moreover,
razing the foundation structures and completely redesigning the building would compromise the
flood safety it provides and would also create a single building that does not match those on
either side of it. This would add cost without creating any corresponding benefits.
DECISION
The Board considers the standards for a Special Use Permit under the provisions of the zoning
ordinance. To be granted, the applicant must meet the general standards applicable to all Special
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Use permits in addition to meeting those standards which apply to residential zones. In this case,
the Land Use Policy plan calls for this area to be high density residential, and this proposal is
consistent with that designation. The use will remain solely residential, which is what all the
surrounding uses are. No public infrastructure or service upgrades will be needed, and the
proposal will not create additional traffic or other detrimental side effects in the area. To allow
the reconstruction of the new portion of the building in ways that are slightly nonconforming will
maintain the consistent look of the complex and will also provide a demonstrated high level of
flood protection for these residents. The nonconformities that remain have been minimized to
the fullest extent possible and they present no hazard if not brought into strict compliance. In
these circumstances, the Board determines that granting this Special Use permit is appropriate.
ORDER
WHEREFORE, IT IS ORDERED that, based on the evidence presented and the findings of
fact in the staff report, the applicant is Granted a Special Use Permit, Sections 29.307(3)(c )(iii)
and 29.1503 of the Ames Municipal Code, to allow reconstruction of a multiunit residential that
is nonconforming with the current zoning standards, on the property located at 301 South
51h Street.
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 14th day of November, 2012.
Z --f- 4 -
Jill Ripperge G Taylor
Secretary to the Board Acting Chai