Loading...
HomeMy WebLinkAbout~Master - Variance for front yard parking and to allow the existing 22 spaces as the only off-street parking at 2121 Sunset Drive CITY OF AMES, IOWA MAY - 8 2014 ZONING BOARD OF ADJUSTMEN IN THE MATTER OF THE t_ APPLICATION OF DELTA TAU DELTA CASE NO. 14-05a —GAMMA PI FOR A VARIANCE, §29.1504(4), AMES MUNICIPAL CODE, GEOCODE NO. 09-09-227-030 TO ALLOW DEVELOPMENT WITH FRONT YARD PARKING ON THE DECISION & ORDER PROPERTY LOCATED AT 2121 SUNSET DRIVE FACTS The subject lot is located in the "RH" (Residential High Density) zoning district and in the "O-UIE" (East University Impacted Area) zoning overlay district. The lot is a narrow, through lot with frontage on both Gable Lane and Sunset Drive. The building located 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. It is located in the Greek house neighborhood south of the Iowa State University (ISU) campus. To the north is Buchanan Hall, a student residence hall,to the east is a church, and to the west and south are fraternities and sororities. Parking on the north side of the building currently provides for twenty-two (22) parking spaces on site, in the front yard. Space on the south side of Gable Lane provides ten (10) additional spaces under an encroachment permit approved by the City in 1984. The applicant proposes to demolish the building and replace it with a new residence. When an existing building is demolished and a new building constructed, the zoning ordinance requires that parking be provided to meet the current zoning standards. Under the current zoning standards, section 29.406(7)(c) prohibits vehicular parking in the front yard of any residential building. Other nonconformities exist at the parking lot related to the parking area, including parking lot landscaping as required by section 29.403(4). These current nonconformities are those that the City has a general policy to eliminate. Given the unique nature of the configuration of the lot and the limitations on the location of any parking, the applicant is requesting a variance to allow front yard parking on the property and to allow the current nonconformities to remain the same after construction of the new building. Staff presented evidence that all criteria for a variance required by Ames Municipal Code section 29.1504(4) have been met. The applicant provided additional evidence in support of granting the variance and provided no evidence to the contrary. DECISION The Board considers the standards applicable to variances from the provisions of the zoning ordinance. In this case, the Board finds that all the criteria for a variance required by Ames Municipal Code section 29.1504(4) have been met. First, the granting of the variance is not contrary to the public interest. Second, the denial of the variance would cause an unnecessary hardship. Third, the spirit of the ordinance will be observed if the variance is granted. Fourth, substantial justice will be done as a result of granting the ordinance. In light of the evidence presented and the findings in the staff report, the Board determines that all the criteria for a variance have been met and the granting of the variance is appropriate. ORDER WHEREFORE, IT IS ORDERED that the applicant is Granted a variance from the prohibition of front yard parking in a residential zoning district and the parking lot design and landscaping standards, sections 29.406(7), 29.307(5), and 29.403(4) of the Ames Municipal Code, to allow development with nonconforming front yard parking in an RH zoning district for the property located at 2121 Sunset Drive. 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 12th day of February, 2014. i E Burton P6y Taylo Secr ary to the oard Chair V CITY OF AMES, IOWA MAY - 8 2014 L-- ZONING BOARD OF ADJUSTME T _ IN THE MATTER OF THE APPLICATION OF DELTA TAU DELTA CASE NO. 14-05b —GAMMA PI FOR A VARIANCE, §29.1504(4),AMES MUNICIPAL CODE, GEOCODE NO. 09-09-227-030 TO ALLOW THE EXISTING 22 PARKING SPACES AS THE ONLY DECISION & ORDER OFF-STREET PARKING ON THE PROPERTY LOCATED AT 2121 SUNSET DRIVE FACTS The subject lot is located in the "RH" (Residential High Density) zoning district and in the "O-UIE" (East University Impacted Area) zoning overlay district. The lot is a narrow, through lot with frontage on both Gable Lane and Sunset Drive. The building located 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. It is located in the Greek house neighborhood south of the Iowa State University (ISU) campus. To the north is Buchanan Hall, a student residence hall,to the east is a church, and to the west and south are fraternities and sororities. Parking on the north side of the building currently provides for twenty-two (22) off-street parking spaces on site, in the front yard. Space on the south side of Gable Lane provides ten (10) additional on-street spaces under an encroachment permit approved by the City in 1984. The applicant proposes to demolish the building and replace it with a new residence with sixty-five (65) beds. When an existing building is demolished and a new building constructed, the zoning ordinance requires that parking be provided to meet the current zoning standards. Under the current zoning standards, section 29.406(2) requires one (1) off-street parking space per bed for fraternities. Thus, the newly constructed fraternity would require sixty-five (65) off-street parking spaces. Given the unique nature of the configuration of the lot and the limitations on the location of any parking, the applicant is requesting a variance to allow the construction of a new fraternity house with only the twenty-two (22) off-street parking spaces provided. Staff presented evidence that all criteria for a variance required by Ames Municipal Code section 29.1504(4) have not been met. Specifically, staff presented evidence that the granting of the variance was contrary to the public interest. Staff determined that the public interest in preventing a lack of off-street parking to the surrounding properties outweighed the public interest in preserving the Greek house neighborhood. Staff also presented evidence that there would not be an unnecessary hardship created if the variance is not granted. Staff found that the plight of the owners was not due to unique circumstances and was due to the general conditions of the neighborhood. Other Greek houses in the area also have to deal with a lack of off-site j parking due to the configuration of the lots in the neighborhood. The applicant provided evidence to the contrary to support the granting of the variance. The applicant presented evidence that the public has expressed an interest in maintaining the Greek house neighborhood and that this interest outweighs the interest in making more parking available. The applicant also presented evidence that this property is unique in terms of lot configuration and the limitations on the placement of off-street parking. DECISION The Board considers the standards applicable to variances from the provisions of the zoning ordinance. In this case, the Board finds that all the criteria for a variance required by Ames Municipal Code section 29.1504(4) have been met. First, the granting of the variance is not contrary to the public interest. Second, the denial of the variance would cause an unnecessary hardship. Third, the spirit of the ordinance will be observed if the variance is granted. Fourth, substantial justice will be done as a result of the granting of the ordinance. In light of the evidence presented and the findings in the staff report, the Board determines that all the criteria for a variance have been met and the granting of the variance is appropriate. ORDER WHEREFORE, IT IS ORDERED that the applicant is Granted a variance from the off-street parking requirements for a fraternity, section 29.406(2) of the Ames Municipal Code, to allow construction of a new fraternity with the existing twenty-two (22) off-street parking spaces for the property located at 2121 Sunset Drive. 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 12'' day of February, 2014. az;7 E ' Burton G Taylor Secre ry to the oard Chair