HomeMy WebLinkAboutA9 ITEM# 6a
DATE: 02-12-14
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
CASE FILE NO.: ZBA-14-05
DATE PREPARED: February 4, 2014
MEETING DATE: February 12, 2014
REQUEST: Variance to allow existing non-conforming parking area in the
front yard to remain upon demolition of existing fraternity house
APPLICANT: Gamma Pi of Delta Tau Delta
OWNER: Gamma Pi of Delta Tau Delta
LOCATION: 2121 Sunset (See Attachment A)
ZONING: Residential High Density (RH)
East University Impacted Area (O-UIE)
BACKGROUND:
The subject property is located in the Greek house neighborhood south of the Iowa
State University (ISU) campus, between Sunset Avenue and Gable Lane. (See
Attachment A) To the north is Buchanan Hall, which is a student residence hall, owned
by ISU, and to the west, east and south are fraternities and sororities. On the property
is the Delta Tau Delta fraternity house, which was built in 1953. An addition was added
in 1975 and the building was remodeled in 1990 and 1996. A parking area within the
property on the north side of the building currently provides 22 parking spaces. Space
on the south side of Gable Lane provides 10 more parking spaces for this fraternity
under an encroachment permit approved by the City of Ames in 1984, a copy of which
accompanies this report.
The subject property is within the Residential High Density (RH) zoning district and the
East University Impacted Area (O-UIE) overlay zoning district. The applicant proposes
to demolish the existing Greek house and construct a new Greek house with 65 beds.
The applicant's variance application explains the background and reasons for the
proposed project. It should be noted that demolition of a Greek house in this O-UIE
zoning district requires that the City Council determine that specific criteria are met,
including economic hardship. The applicant also will be applying to City Council for
permission to demolish the existing Greek house in order to construct the
proposed new residence. The demolition request is not part of this application.
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Illustrations of the proposed new Greek house and site design accompany this report.
The zoning ordinance requires 65 parking spaces for the proposed residence at a rate
of one space per bed. The applicant has also applied for a variance from this
parking quantity requirement, which a separate report addresses. The proposed
design accommodates the existing parking lot to remain between the new building and
Gable Lane, which the zoning ordinance considers to be front yard parking. The existing
parking lot also does not conform to zoning standards for dimensions or for
landscaping. If the existing building was to be renovated or expanded, these non-
conformities would be allowed to remain. When an existing building is
demolished and a new building is constructed, the zoning ordinance requires that
parking be provided that meets the zoning standards. Therefore, this non-
conforming front yard parking is not permitted and this report addresses the application
for a variance from this requirement.
APPLICABLE POLICIES AND LAWS:
Pertinent portions of the Land Use Policy Plan and the Sub-Area Plan for the
University-Impacted Area are as follows. The Sub-Area Plan designates the area of
Greek houses within which the subject property is located as the East RH District.
• The University-Impacted Area will be a distinct, unique area within the community
with a great a deal of variety in activities and appearance. It will be made up of
districts, each with a distinct character, well defined by building use, type, scale,
setting, intended activity level, and other characteristics.
• The East RH District is distinctive, with attractive front landscapes, stylized
architecture, enduring materials, variety in form, and richness of detail. A few
newer buildings here and there are similar in scale and architectural quality.
• To make good use of resources, land uses within the UTA will be intensified,
while also conserving and preserving its existing valuable characteristics by
assuring compatibility between existing and new development.
• Demolition of structures originally built as Greek houses should only be allowed
where the original intended use or any other permitted use could provide no
economic return, as determined by the City Council.
• The East RH District is one of the most likely locations of historically and
architecturally significant structures, due to the historical pattern of development
of housing for students and faculty and the route of the historic Lincoln Highway:
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Pertinent Sections of the Ames Municipal Code:
Section 29.307(5) addresses non-conforming parking areas:
(5) Other Non conformities.
(a) Examples of Other Nonconformities. The types of other nonconformities to
which this Section applies include:
(i) Fence height or location;
(ii) Lack of buffers or screening;
(iii) Lack of or inadequate landscaping;
(iv) Lack of or inadequate off-street parking; and
(v) Other nonconformities not involving the basic design or structural
aspects of the building, location of the building on the lot, lot
dimensions or land or building use.
Development that is consistent with a Site Development Plan approved before the date
that this Ordinance became effective shall be deemed to be in conformance with this
Ordinance to the extent that it is consistent with the approved plan and to the extent that
such plan or conditions imposed thereon directly addresses the specific issue involved
in the determination of conformity.
(b) Policy. Because nonconformities such as those listed above involve less
investment and are more easily corrected than those involving lots, buildings and uses,
it is generally the policy of the City to eliminate such other nonconformities as quickly as
practicable.
(c) Increase Prohibited. The extent of such other nonconformities shall not be
increased without a variance.
Front Yard Parking Section 29.406(7)(c) states:
Under no circumstances shall vehicular parking be permitted in the front yard of
any residential building in any "RL", "RM", "RH", "UCRM", "FS-RL", or "FS-RM"
zones . . .
Section 29.406(7)(e) defines the front yard in this context:
As used in this section, front yard means the open space in that portion of a yard
between the street and the face of the structure and a line originating from the
left side of the lot and extending to the right side of the lot. The line, as viewed
from the street, shall extend parallel to the street to the nearest corner of the
principal structure and then along the face of the principal structure to the right
corner, and from that point on a line parallel to the street to a point on the right lot
line. As used in this section, the face of a principal structure shall be any and all
portions of the structure fronting on a street. The front yard shall not include any
portion of the city right-of-way. A corner lot shall be deemed to have two front
yards.
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. Structure ® Motor Vehicle
Parking Prohibited
The zoning ordinance then a;. Driveway
includes this illustration of
where parking is prohibited by Q
this section.
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STREET RIGHT OF WAY S ZR
The standards for the design of parking areas and landscaping may found in the Ames
Municipal Code Section 29.403(4) and as Attachment B.
The Variance criteria may be found in the Ames Municipal Code Section 29.1504(4) and
as follows:
(a) The granting of the variance shall not be contrary to the public interest.
(b) That without granting of the variance, and due to special conditions, a literal
enforcement of the ordinance will result in unnecessary hardship. Unnecessary
hardship exists when:
(i) The land in question cannot yield a reasonable return if used only for a
purpose allowed in the zone.
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood
(iii) The use to be authorized by the variance will not alter the essential
character of the locality.
(c) The spirit of the ordinance shall be observed even when the variance is granted.
(d) Substantial justice shall be done as a result of granting the variance.
COMPLIANCE DETERMINATION
It has been determined that the proposed design for the parking for the fraternity does
not meet the standards of Ames Municipal Code Sections 29.403(4), because it does
not meet the dimensional and landscape standards, and 29.406(7), because vehicular
parking is between the building and Gable Lane.
APPLICANT'S STATEMENT IN SUPPORT OF THE VARIANCES
The applicant's complete application and supporting information accompany this report.
These materials make the case that the current building does not meet the needs of
current students and that it is economically more feasible to build a new Greek house
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than to renovate the current house to meet these needs. Maintaining the property as a
Greek residence is in the public interest.
The applicant states that a parking structure would be required to avoid parking
between the building and the street, a unique circumstance due to the streets on both
the north and south side combined with the narrow width of the lot. The applicant
presents information that a parking structure is not financially or architecturally feasible.
The application states that the residents who cannot park on the site park in the Iowa
State Center parking lots; very few, if any, use the on-street parking on Sunset Drive
because of the inconvenience of the alternate day parking requirements. The
continuation of this parking as experienced by the owners and neighbors for over 32
years maintains the character of the surrounding area and is within the spirit of the
ordinance that favors Greek residences as the most appropriate use for the
neighborhood.
On the other hand, enforcement of the parking code would either require a parking
structure, which would most certainly change the ambiance the district, or bring the end
to the current use of the property, according to the applicant. There is no impact to the
neighboring facilities from the new building and parking arrangement. Substantial justice
will be done by allowing the owner to continue its parking capacity as was compatible
with the City's expectations for the last 32 years.
FINDINGS OF FACT & CONCLUSIONS:
The following findings of facts and conclusions pertain to the above variance criteria:
(a) The granting of the variance shall not be contrary to the public interest.
FINDINGS: It is the policy of the City to preserve the existing Greek houses in
this area to the greatest extent possible. It is also the City's policy for the land
use of this area to continue as housing for students who are members of the
Greek organizations.
A detailed analysis of the costs to renovate the existing Greek residence
demonstrates that renovation is not financially feasible when compared to new
construction. (See page 3 of accompanying letter from RDG Planning & Design)
With Gable Lane to the north and Sunset Drive on the south, any parking to the
north or south will be between the building and a street. The width of the lot is
119 feet, the width of a parking lot is generally 65 feet. The remaining space of
54 feet, including setbacks, severely limits the size of any Greek residence
building.
CONCLUSIONS: With a double frontage lot, the location of parking is limited to
alongside a structure or below the structure. A Greek residence of a size that
would meet these zoning requirements may not house enough residents to be
sustainable. The variance would allow the subject property to continue as a
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Greek residence, which is the preferred use under City policies. Sunset Drive is
the "front door" of the Greek houses in the neighborhood and more appropriately
maintained as a yard with no parking compared to the Gable Lane side of the
house. Therefore, it can be concluded that granting the variance to allow
front yard parking on Gable Lane will not be contrary to the public interest
and does meet the standard of Ames Municipal Code Section 29.1504(4)(a).
(b) That without granting of the variance, and due to special conditions, a
literal enforcement of the ordinance will result in unnecessary hardship.
Unnecessary hardship exists when:
(i) The land in question cannot yield a reasonable return if used only for a
purpose allowed in the zone.
FINDINGS: The principal permitted uses for new buildings in the RH Density
zoning district include Greek houses, apartments, churches, schools, two-family
dwellings and single—family attached dwellings.
The City Assessor has established the value of the land at $371,500.
CONCLUSIONS: Other than two-family dwellings and single—family attached
dwellings, there is not enough space on the property for the principal permitted
uses with surface parking that meets the zoning requirements. At the current
assessed value, the land supports the use as a multi-family structure of a Greek
house or an Apartment building. The new permitted dwellings will not provide a
reasonable return as a Greek house with the additional cost of structured
parking. Therefore, it can be concluded that the prohibition for front yard
parking for which the variance has been requested does preclude a
reasonable return and therefore results in an unnecessary hardship and
thus the variance does meet the standard of Ames Municipal Code Section
29.1504(4)(b)(i).
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood.
FINDINGS: The only other lot with similar constraints to parking is the Greek
residence to the east of the subject property. This lot is wider and the current
building has some parking that is not between the building and a street. It may
have similar constraints if a new structure were to be planned; however, the
assessed value of the building is over one million dollars, double the value of the
building on the subject property.
CONCLUSIONS: Although almost all Greek residences do not have space for
surface parking to meet current requirements, only one other property in the East
University Impacted Area has the same constraints on the location of parking.
Therefore, it can be concluded that unique circumstances exist in this case
that present a hardship from the literal enforcement of the ordinance and
thus the variance does meet the standard of Ames Municipal Code Section
29.1504(4)(b)(ii).
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The use to be authorized by the variance will not alter the essential
character of the locality.
FINDINGS: The existing parking area proposed to remain is visible only from
Gable Lane, a street which has been converted almost entirely to parking:
• On-street parallel parking is on the north side of Gable Lane, with the parking
area for a multi-story University residence hall extending along the entire
frontage.
• Head-in on-street parking has been approved along the entire south side of
Gable Lane
• Where this on-street parking does not exist, off-street parking lots are visible
from Gable Lane
(See Attachment A Location Map)
The proposed parking lot is behind the on-street parking and also will not be
visible from any other area outside Gable Lane.
CONCLUSIONS: The requested variance allows the current character of the
area to be unchanged. However, even within the current location along Gable as
parking it does not meet the general landscaping and screening character
desired by the standards of the Zoning Code. Therefore, staff concludes that
the variance for front yard parking will not alter the essential character of
the locality and the variance request does meet the standard of Ames
Municipal Code Section 29.1504(4)(b)(iii).
(c) The spirit of the Ordinance shall be observed even when the variance is
granted.
FINDINGS: Among other purposes, the East University Impacted Area zoning
district ordinance seeks to maintain Greek housing opportunities. (See Section
29.1110(1)).
The purpose of the ordinance on non-conformities is, when correcting
nonconforming parking areas is easier and involves less investment than
correcting non-conformities involving lots, buildings and uses, to eliminate such
nonconformities as quickly as practicable. (See Section 29.307(5)(b))
The purpose of prohibiting parking between buildings and streets is to promote
architecture and landscape as elements that define visual character and to
protect property values by preserving a consistent appearance of properties from
public spaces.
Section 29.403(4)(a) establishes the purposes of landscaping in parking areas:
The purpose of this section is to protect and promote the public health,
safety and general welfare by requiring the landscaping of surface parking
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lots in such a manner as will serve to reduce the effects of wind and air
turbulence, heat and noise, and the glare of automobile lights; to preserve
ground water strata; to act as a natural drainage system and ameliorate
stormwater drainage problems; to reduce the level of carbon dioxide and
return oxygen to the atmosphere; to prevent soil erosion; to conserve and
stabilize property values and to otherwise facilitate the creation of a
convenient, attractive and harmonious community; to relieve the blight of
the appearance of surface parking lots; and to generally preserve a
healthful and pleasant environment.
CONCLUSIONS: Allowing parking between the building and Gable Lane will
help to preserve the Greek residential use of this property. In this case,
eliminating the non-conforming parking will not be easier and involve less
investment than correcting non-conformities involving lots, buildings and uses,
and thus is not practicable. Given the appearance of Gable Lane as described
previously, allowing the existing parking to continue will not have a significant
impact on the appearance or visual character of the area. If the lack of the
amount of parking lot landscaping that the ordinance requires is found to be
contrary to the spirit of the ordinance, a new parking lot with required landscaping
could be required as a condition of the variance to allow parking between the
building and Gable Lane. Therefore, staff concludes that the variance for
front yard parking does meet the standard of Ames Municipal Code Section
29.1504(4)(c).
(d) Substantial justice shall be done as a result of granting the variance.
FINDINGS: Denying the variance will limit the possible uses of the property, due
more to the historical development of this Greek neighborhood, rather than to the
actions of this Greek chapter.
More than a dozen Greek houses in this neighborhood have been renovated in
order to improve safety and meet the needs of today's students. This has helped
to create a trend of increased Greek membership and has preserved and
improved the Greek neighborhood.
CONCLUSIONS: Delta Tau Delta is the first Greek chapter to be established at
Iowa State University 133 years ago. Front yard parking is one of the elements
that is necessary for this chapter to take part in the positive neighborhood
change of recent years. Without the variance it is likely that this property would
become one of only a few properties in the East University Impacted Area to not
be a Greek residence. Therefore, staff concludes that the variance for front
yard parking does meet the substantial justice standard of Ames Municipal
Code Section 29.1504(4)(d).
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ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for a variance
allowing development of a project at 2121 Sunset Drive with front yard parking on
Gable Lane.
2. The Zoning Board of Adjustment may approve this request for a variance
allowing development of a project at 2121 Sunset Drive with front yard parking on
Gable Lane, with the condition that a new parking lot be constructed that meets
all other zoning requirements.
3. The Zoning Board of Adjustment may deny this request for a variance, if it finds
that the criteria of 29.1504(4) have not been met, preventing development of a
project at 2121 Sunset Drive with front yard parking on Gable Lane.
4. The Zoning Board of Adjustment may table this request for a variance, and
request additional information from City staff or the applicant.
DEPARTMENT RECOMMENDATION:
Staff believes that the two variance requests for this property are substantially different.
The lack of a feasible location for surface parking on the lot severely limits any
economically viable use of the property. Any parking would have to fit under a building.
On the other hand, if the parking variance is approved, a parking deck could be
constructed at the north end of the lot with surface parking over a lower level, allowing
more options for the building footprint. The other difference is the unique circumstance.
As stated above it can be concluded that the unique circumstances prohibit surface
parking on this property. But the lack of space for sufficient parking to meet the one
space per bed requirement is a circumstance that almost all Greek residences face.
The Zoning Board of Adjustment must consider variances based on the standards of the
Ames Municipal Code for variances. From the Findings of Fact and Conclusions above,
it can be concluded that the variance request meets all of the criteria for a variance
required by Ames Municipal Code Section 29.1504(4). Therefore, it is the
Department's recommendation that the Board should act in accordance with
Alternative #1, which is to approve the requested variance to allow development
of a project at 2121 Sunset Drive with front yard parking on Gable Lane.
Staff further concludes that the potential contribution to the purposes of parking lot
landscaping is not significant enough to require construction of a new parking lot with
landscaping due to the small area of landscaping and surrounding conditions on Gable
Lane. If the Zoning Board of Adjustment concludes that granting the variance would
violate the spirit of this parking lot landscaping ordinance, it should approve Alternative
#2 which is to approve this request for a variance allowing development of a project at
2121 Sunset Drive with front yard parking on Gable Lane, with the condition that a new
parking lot be constructed that meets all other zoning requirements.
S:\PLAN—SHR\Council Boards Commissions\ZBA\Variances\2121 Sunset-FrontYardPkgVariance-02-12-14.docx
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Attachment A
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Location Map
2121 Sunset Drive
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Attachment B
Ames Municipal Code Section 29.403(4)
(4) Landscaping Requirements For Surface Parking Lots,Generally.
(a) Purpose. The purpose of this section is to protect and promote the public health,safety and
general welfare by requiring the landscaping of'surface parking lots in such a manner as will serve to reduce the effects
of wind and air turbulence,heat and noise,and the glare of automobile lights;to preserve ground water strata:to act as
a natural drainage system and ameliorate stortnwater drainage problems;to reduce the level of carbon dioxide and return
oxygen to the atmosphere; to prevent soil erosion:,to conserve kind stabilize property values and to otherwise facilitate
the creation of a convenient. attractive and harmonious community: to relieve the blight of the appearance of surface
parking lots;and to generally preserve a healthful and pleasant environtrtent.
(b) Setback.and perimeter landscaping. The rninimurn setbacks and perimeter landscaping
standards for parking areas,and for any driveways and drive aisles accessing parking areas, are set.
forth in"fable 29.403(4) below. For Auto and Marine Craft Trade Uses,see Section 29.403 (5),below.
tOrd. No. 1119. '-10-1 2i
Table 29.403(4)
Minimum (fin-site Parking Area Setbacks and Perimeter Landscaping
Lot line abutting street 5 ft. ir,' L2 or 10 ft. (ii, LI
Lot line abutting a Residcntially-Gone Lot 5 R. �'a;:L.3, except 10 I'L 0, L4 in GI
Lot line abutting a Cotnmcrcially or Industrial-'Lone Lot 5 ft. `u) L2 or 10 ft. tu' L1
Perimeter landscaping for Grocery Stores and Detail and See .Section 29.403(4)(11) for additional landscaping
Sho gins*centers in C VCN and CGS L(rnes requirements.
Perimeter landscaping along new lot lines created through]`lone required at the time:of'SUbdivision. However,any
existing paved areas. expansions, alterations or replacements of the existing
)axed areas must comply with all provisions of this section
rf)rd. No. 3591, 10-10-00:0rd. No. ,96 7, 9-9-OS: Ord,No. 4029, 4-1 -10. Ord. 05i� 1-25-11)
(c) SurfrccParkingArea Interior Landscaping. All surfaceparking areas must tneetthel'otlowing
interior landscaping: requirements.
(i) Interior land scapingshalIberequiredforparking lots,containing 16ormorespaces,
that me[Lid c three or more rows of parking spaces separated by two or more drive aisles in it single location. Such interior
landscaping shall,at a minimum.include a 9.0'wide and 1.6'long landscaped island for every 20 interior parking spaces
and a landscaped median,a minimum of I5'wide running the full length of the drive aisle,for every 3 contiguous double
loaded parking aisles.
At least one Landscape Tree,as defined in Section 29.403(2)(b)..shall be installed
on cacti landscaped island. A minimum of one Landscape Tree is required per 50 lineal feet of landscaped median.
Shrubs or ,round cover plants must cover the remainder of each landscaped island and median.
ford. No, 3,59L 1 fl-t o-Oo
E it) Interior landscaping is not required i tr parking lots that hav c parking on one orbo h
sides ot`a single drive aisle.
(iii) All lindscapin,mtrstcotnplyvv°ith the t.tndarcl ctE'S4cti�rn 29,403,Landscapingand
Screening, Trees and shrubs must be Fully protected from potential darrta£=e by vehicles.
(iv') Interior parking area landscaping must be dispersed throughout the parking area.
So nie trees may be grouped,but groups of trees must be ciisper, .
(v) Perimeter lit ndccapin,,may noI sit bstit Lite for interiorlandscaping. llowever,interior
I:tndsc iping may join perimcterr Iandscapin,;rs long as tt extends 4 feet or more into the:parking area from the perimeter
landscape line.
(vi) Parkin-arc is that are 30 fz et or less in width may locate their interior landscaping
around the edges of the parking area. interior landscaping placed along an edge is in addition to any required perimeter
landscaping.
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(d) Planting Materials, No materials shall he tappro+cd for use in,and Parkins Lot landscaping
Plan that has been judged unsuAble for such use in the Ciq by the Department Mfanning and Housing. The talc"ink;
are minimum standards:
(i} All phani materials `hall be ot'a heartiness suitalxle to the local clintatc;
Plant MmeH als used for screenitrlt purpo.ws shall protide cft'ea ti%c screening by the
third grcaaving season.
(c;t Mainteranice, The owner shall he responstle for providing,protecting and maintaining all
land,caping and health and gwwinv condition,repha6rig it when ne essay and keeping it free:ofrefuse and debris.
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