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Home My WebLink AboutA4 ITEM# 2 DATE: 05-08-13 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: April 29, 2013 CASE FILE NO.: ZBA-13-05 MEETING DATE: May 8, 2013 REQUESTED EXCEPTION: To allow a reduction of the front setback from 25 feet to 23 feet on the east side of a single family detached residence. PROPERTY OWNER: Jonathan and Julie Sturm APPLICANT: Jonathan and Julie Sturm LOCATION: 535 Hayward Avenue (See Attachment A) ZONING: RL (Residential Low Density) BACKGROUND: The subject property has a two story single family residence with detached garage. The property is a rectangular shape approximately 60 feet wide by 140 feet deep. The front of the existing house is set back approximately 30'-10" from the front property line, with the front porch encroaching 2 feet into the required front setback. The existing front porch is approximately 7'-10" deep and 24'-6" wide. The minimum required front setback in the Residential Low Density zone is 25 feet as measured from the property line abutting Hayward, with a minimum side setback of 15 feet from the property line abutting Storm. Per Section 29.402(2)(a)(iii), a porch may project into the required front yard not more than 8 feet, the required side yard not more than 3 feet, and the required rear yard not more than 8 feet, provided that the portion of the porch extending into the required yards is fully open except for support columns and balustrades. The existing front porch encroaches 2 feet into the required front setback and therefore, meets the allowed encroachment for the property. The front stairs to the home are allowed as a full projection of the setback without limitation within the current code. PROJECT DESCRIPTION: The new homeowners, Jonathan and Julie Sturm, wish to construct an addition to their home in the area of the existing front porch. They have applied for an "Exception of Minor Area Modification" to construct the addition on the east side (front) of the existing house. The dimensions of the proposed addition are 7' 10" by 18'. The addition is proposed to extend into the required front setback 2 feet. (See attached site plan and application showing existing conditions and proposed addition.) As shown, the proposed 1 construction would lie within the footprint of the existing front porch and would not extend any further into the required front setback than the existing structure. APPLICABLE REQUIREMENTS: Ames Municipal Code Section 29.1506(4)(c)(ii) states the following: (iii) 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. As built, the existing front porch is encroaching within the front setback but is within the allowed encroachment limits of the code. The proposed addition is matching the existing encroachment. However, being the addition is not an open porch and is an extension of the principal structure, it must either meet the minimum front setback of 25' or else receive approval of an exception. The existing front setback for this home is in line with many of the other structures within the neighborhood, and many of the other homes in the neighborhood have front porches as well. The homeowner identifies that the addition will allow for an increased living area without increasing the exterior dimension of the home. If the Zoning Board feels that the expansion of the living area of the home is a practical difficulty, the exception could be approved for the property. 2. The minor area modification will not be detrimental to the public health, safety, or general welfare. The exception, if approved, would allow the proposed addition to lie within the existing footprint of the front porch and would maintain the existing setback into the required front yard. 2 3. The minor area modification will not have a substantial negative impact upon neighboring properties. The proposed addition will not change the low density residential use of the property and would maintain the existing front yard dimension of the property. 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)(ii) allows for a reduction of a required minimum front yard setback by no more than five feet. The requested reduction of 2 feet is less than the 5 feet exception allowed for the required 25-foot front 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 addition to the house is an extension of the living space of the house and maintains the existing use of single family residential. Other than the reduced front yard 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. The proposed addition maintains an existing 2 foot encroachment into the required minimum front yard setback and does not change the existing single family residential use of the subject property. The maintained reduction of the front 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. Many of the homes within the current block, some with front porches and others without, maintain a similar front setback as proposed. 7. The minor area modification is the minimum necessary to achieve the desired result. The applicant has submitted a site plan (received by the City on 04/19/13) showing the layout of the proposed addition in relation to the existing porch it will replace. In the application, the applicant states the proposed addition extending the living quarters is intended to be used as a place to put their piano in the living room. To accommodate the piano, any addition smaller than the one proposed would not 3 allow enough space and render the project abandoned. The proposed addition would be within the existing footprint of the front porch, which already extends 2 feet into the required minimum front yard setback of 25 feet and is less than the 5 feet encroachment that could be requested for the property. 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 535 Hayward Avenue maintains the existing footprints of the existing porch and does not enlarge or intensify the use of the structure. 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: 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 reduce the front setback from the minimum required 25' to 23' for the proposed addition at 535 Hayward 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 reduce the front setback from the minimum required 25' to 23' for the proposed addition at 535 Hayward Avenue, based on the above or other 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 City's Zoning Ordinance allows for an exception to front 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. If the Zoning Board determines that the needed expansion of the living area meets the criteria as a practical difficulty, it can then be concluded that the application meets all criteria for approval of an exception for minor area modification. Therefore, it is recommended 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 reduce the front setback of the existing porch from the minimum required 25' to 23' for the proposed addition at 535 Hayward Avenue. S:\PLAN_SHR\Council Boards Commissions\ZBA\Misc\535_Hayward-Front Addition Exception for Minor Area Modification-04-19- 13.doc 4 Attachment A Vicinity Map — 535 Hayward Avenue T ' - TO waw LITTLE ST LITTLE 4T �,a, .a S d a f r a AN T JYt _ f W-le r Subject Site q ILA STORM STD iORM STIV— ; e, � v Location Map 535 Hayward Avenue i — N 70 35 0 70 140 Feet '1 5 Attachment B Aerial Photo of Site — 535 Hayward Avenue g.� b 4 =ti S � M a �3 n^ 7 ._ a � ._ .. 6 Attachment C Assessor's Office Photo of House — 535 Hayward Avenue ROW— v � e t 14 h 8 a P 9w ars j 7