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Home My WebLink AboutA4 ITEM#: 2 DATE: 09-25-13 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: September 20, 2013 CASE FILE NO.: ZBA-13-09 MEETING DATE: September 25, 2013 REQUESTED EXCEPTION FOR MINOR AREA MODIFICATION: To allow retention of the current 2.04 foot encroachment into the required front setback. PROPERTY OWNER: William D. Berg APPLICANT: William D. Berg LOCATION: 2302 Sundown Drive (see Attachment A) ZONING: RL (Residential Low Density) BACKGROUND: The property at 2302 Sundown Drive is a one-story single family home, with attached garage, built in 2002. This is a corner lot, rectangular-shaped, approximately 90 feet wide by 134 feet deep. The existing house was constructed with a setback of approximately 22.96 feet from the front property line abutting Sundown Drive, which violated the 25' minimum required setback at the time of construction. The current minimum required front setback is still 25' in the "RL" (Residential Low Density) zone, as described in Table 29.701(3) of the Municipal Code. Concurrent with the processing of this request for an exception, the property owner has submitted an application for approval of a Plat of Survey to adjust the west boundary of this property by adding additional land area to the lot to provide the minimum required six foot side yard setback. The City Council is to consider the property owner's request at their meeting on September 24, the day before the meeting at which the Zoning Board will consider the request for an exception. PROJECT DESCRIPTION: The homeowner is seeking an Exception for Minor Area Modification to address the ' encroachment of the existing house into the required minimum front yard setback. The garage of the house is the encroachment. The encroachment was discovered in connection with the proposed sale of the house. (see Attachments B and C) 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 house encroaches into the required front setback by 2.04 feet. Since the house was originally constructed at the current location on the lot, it is not possible to correct the encroachment into the front setback without either changing the minimum required setback for the "RL" zoning district, or physically removing the front 2.04 feet of the house's garage out of the 25-foot setback. Moving the house outside the front setback is not practical. If the Zoning Board feels that the current location of the home in relation to the front property line is a practical difficulty, the exception could meet this criterion. 2. The minor area modification will not be detrimental to the public health, safety, or general welfare. The exception, if approved, would not change the current encroachment into the front setback. There will be no new impacts on public health, safety, or general welfare that would result from the granting of this exception. It is unlikely that the casual observer would be aware of the encroachment into the setback. 3. The minor area modification will not have a substantial negative impact upon neighboring properties. Granting of the exception would not change the low density residential use of the property. City staff has not received any complaints regarding the current location of the house. 2 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 2.04 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 current and proposed use of the property is single family residential, which is an allowed use in the "RU zoning district. 6. The minor area modification is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community. Granting of the exception by the Zoning Board would maintain an existing 2.04- foot encroachment into the required minimum front 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. 7. The minor area modification is the minimum necessary to achieve the desired result. The property owner is asking only to maintain the current encroachment of the house into the front setback. No increase in the amount of encroachment is proposed. 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 2302 Sundown Drive maintains the existing footprint of the existing house 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. 3 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 feet to 22.96 feet, for the property located at 2302 Sundown 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 reduce the front setback from the minimum required 25 feet to 22.96 feet, for the property located at 2302 Sundown Drive, based on the Broads's 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. Therefore, it is recommended that the Zoning Board of Adjustment approve Alternative f #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 house from the minimum required 25 feet to 22.96 feet, for the property located at 2302 Sundown Drive. If the Exception for Minor Area Modification is approved by the Zoning Board of Adjustment, the applicant must record approval of the modification in the office of the Story County Recorder in order to make effective the approval. (see Section 29.1506(5)(d) of the Municipal Code) 4 Attachment A Vicinity Map — 2302 Sundown Drive ,z 4w i SUNC'RESF"D S ifh1C RESTED 'ONCRE5T-E)R—SUNCREST-DR-- s Now im om �1 +�► g own a s !r� ;ibis =El%-S UND� MENEM �g Subject Property j� •.mow.... .h' I�� I c a t GOTTD.NNYLfD V NEW wFT PMO cor►oriwc ,, I,�. .d , mill t Et r .. f Y Location Map z.. 2302 Sundown Drive N o ao 160 320 480 Feet 5 Attachment B Property Sketch Existing Conditions — 2302 Sundown Drive R. BRADLEY STUMBO P.C. BOX IGG4 AMES, IOWA 50010 515-233-3689 PROPERTY SKETCH EXISTING CONDITIONS SLRA)Om DRivE (ro,) --- - - - - - - - HnU'F tu (SINGLE STOPY) > LOT 27 LOT 28 W su— ADD Property D—r!ption� [,.t 20, a—'—t SUPivis ioo, Phase P., Clty Of Aftet, lawa GRAPHIC SCALE 1'-20' Job #Wiga"-Z —I Dot': 9/19/13 0 20 40 60 6 Attachment C Assessor's Office Photo of House — 2302 Sundown Drive Y t' L ti 7