HomeMy WebLinkAboutA4 ITEM# 7
DATE: 02-12-14
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
CASE FILE NO.: ZBA-14-06
DATE PREPARED: February 7, 2014
MEETING DATE: February 12, 2014
REQUEST: Variance to allow household living for two units on the first floor
of an existing building.
APPLICANT: Todd Petersen
OWNER: Jensen Development Corporation
LOCATION: 4611 Mortensen (See Attachment A)
ZONING: Community Commercial/Residential Node (CCR)
BACKGROUND:
The subject property is located at the northwest corner of Dickinson Avenue and
Mortensen Road. (See Attachment A) To the north and west are apartment dwellings.
To the east and southeast are commercial uses and to the south are buildings with
mixed commercial and residential uses. The subject property is within the Community
Commercial/Residential Node (CCR). The applicant is seeking refinancing of the
property with federal Housing and Urban Development (HUD) support. HUD financing
prerequisites include a requirement that a housing development includes accessible
housing units. In this instance, it requires two dwelling units accessible to people with
disabilities. Therefore, the applicant proposes household living on the first floor of the
existing building to create two accessible housing units since the existing units on the
second and third floor of the building do not meet the accessibility requirements. The
proposed household living use is not permitted on the first floor of a building,
only above a non-residential user. This report addresses the application for a use
variance from this requirement.
The subject site is a fully developed mixed-use commercial building with 56 dwelling
units and surface parking to support all uses. The building includes condominium
ownership units for residential and commercial spaces, however, they are all held in
ownership by the Jensen Development Corporation. The project was developed in
2004-2005.
1
While the site is currently zoned Community Commercial Regional (CCR), it was
developed within the Community Commercial Node (CCN) zoning district, the same as
the similarly situated property and development to the southwest. At that time, the
residential use classification of household living was permitted in the CCN zoning
district above the first floor if in combination with a commercial building. It was not
allowed on the ground floor. A separate residential use classification of Short Term
Lodging was then and is now also a permitted use in the CCN zoning district. The
distinction between the two uses is the tenure of an occupant being more or less than
60 days.
The property across Mortensen Road to the south was also within the CCN zoning
district originally. Although the first floor of each of the seven buildings was planned to
be trade and office uses, since the two upper floors of residential use in each building,
the project was predominantly residential in total use. In response to the predominantly
residential development pattern that had limited commercial viability in the node, City
Council subsequently amended in 2005 the zoning of the properties to CCR and the
provisions for household living to only occur in combination with commercial buildings.
After the completion of these buildings the developer created short term lodging uses on
the ground floor as a use within a commercial building with apartments above. In
response to this, the City Council amended the zoning code in 2008 to expressly state
that household living was only allowed on the upper floors of a commercial building that
only had non-residential uses on the ground floor. It did not allow for the residential use
of short term living to be on the ground floor with household living above. Therefore, the
short term lodging on the property to the south of the subject property is non-
conforming, because there are apartments above. The subject property was not
developed with any residential uses prior to the zoning text amendments.
APPLICABLE POLICIES AND LAWS:
Pertinent portions of the Land Use Policy Plan are as follows.
• Ames seeks to assure the availability of sufficient suitable land resources to
accommodate the range of land uses that are planned to meet growth. Sufficient
land resources shall be sought to eliminate market constraints. (Objective 2.13)
• Ames seeks to physically connect existing and new residential and commercial
areas through the association of related land uses and provision of an intermodal
transportation system.(Objective 4.13)
• Ames seeks to psychologically connect the various living/activity areas through
closer proximity of residential areas and supporting commercial uses . . .
(Objective 4.C)
• It is recommended that much of the future community-scale commercial be
associated with nodes. Uses within the nodes should be more selective than
those permitted in highway-oriented commercial. The intent is to create a
2
shopping and services area where there is shared attraction involving one trip to
two-or-more destinations within a node. (New Lands Policy Options)
• Community Commercial Node - Community-scale commercial uses that are
associated with cluster developments and that, compared with Highway-Oriented
Commercial, have more specific uses, shared parking and common design
features. . . (Future Land Use Classifications)
Pertinent Sections of the Ames Municipal Code:
Section 29.806(2) addresses uses in the Community Commercial/Residential Node:
"Table 29.806(2)
Community Commercial/Residential Node (CCR) Zone Uses
USE CATEGORY STATUS APPROVAL: APPROVAL
RE UIRED AUTHORITY
RESIDENTIAL USES
Group Living N -
Household Living N,except in combination with SDP Minor Staff
permitted non-residential use or
uses,in which case Household
Living shall be located above
the first floor.
Short-term Lodgings Y SDP Minor Staff'
OFFICE USES Y SDP Minor Staff
TRADE USES
Retail Sales and Services-General Y SDP Minor Staff
Retail Trade-Automotive,etc. N -- --
Entertainment,Restaurant and Y SDP Minor Staff
Recreation Trade
Wholesale Trade N -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.
3
(d) Substantial justice shall be done as a result of granting the variance.
COMPLIANCE DETERMINATION
It has been determined that the proposed household living use on the first floor does not
meet the standards of Ames Municipal Code Sections 29.806(2), because household
living is not an allowed use on the ground floor, only on upper floors above non-
residential uses.
APPLICANT'S STATEMENT IN SUPPORT OF THE VARIANCES
The applicant's complete application and supporting information accompany this report.
These materials discuss that the variance will allow for handicap accessible units, which
are in the public interest to provide and that the space in which this use will be located is
vacant and unfinished. It does not displace a commercial use. The applicant states that
HUD-approved refinancing is economically necessary, that this requires accessible
residential units and that adding an elevator is not physically or financially feasible. The
lack of accessibility is cited as a unique circumstance. Adding residential units will not
alter the character of the area because of the large amount of surrounding residential
use and that this use is in the spirit of the ordinance that allows a mixed
residential/commercial district. The applicant states that variance will correct the
injustice of the change in use of the property after the subject site was developed.
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 provide sufficient land to accommodate
growth and particularly to promote the development of commercial uses in
nodes. City policy also reflects the public interest in placing commercial and
residential uses close to each other. The CCR allows for this mix to occur in a
manner that preserves the best suited area for commercial non-residential uses
(the ground floor) and secondary commercially areas for either commercial uses
or for household living.
CONCLUSIONS: The proposed use will displace approximately 1400 square feet
of space that could serve commercial uses. However, the space generally has
not been used commercially. While the site is part of an integrated commercial
and residential area and it is a small requested change, the use of the ground
floor is best suited to commercial uses over household living uses. Therefore,
it cannot be concluded that granting the variance to allow household living
on the first floor will not be contrary to the public interest and it does not
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
4
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: HUD approved refinancing is sought for the subject property, which
requires accessible units. There is no elevator in the building to serve the existing
housing units, there is only stair access. Converting first floor space for
residential use is the only feasible way to meet this requirement without
modifications to the existing building.
CONCLUSIONS: No information has been provided on the economic return on
the property with and without the HUD refinancing. The applicant has not
provided cost estimates for creating a mechanical lift within an existing stairwell
or other means of access to the existing units in lieu of creating new household
living units on the first floor. Therefore, it cannot be concluded that the
prohibition on household living on the first floor prevents a reasonable
return and thus the variance does not meet the standard of Ames Municipal
Code Section 29.1504(4)(b)(i).
The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood.
FINDINGS: Residential use for household living on the first is not permitted on
any of the property zoned CCN or CCR to the south and east. Only the use of
short term lodging is permissible without household living above. This was the
case when the subject property was first developed as well; household living has
never been allowed on the ground floor. It is not known whether providing
accessible short term lodging would satisfy HUD requirements, if this were still
permitted in a building with apartments above.
CONCLUSIONS: It appears that the same circumstances would apply to
refinancing any of the CCR or CCN properties that did not already have
accessible units. Therefore, it can be concluded that unique circumstances
do not exist in this case and thus the variance does not meet the standard
of Ames Municipal Code Section 29.1504(4)(b)(ii).
The use to be authorized by the variance will not alter the essential
character of the locality.
FINDINGS: Residential use is common throughout the area; residential uses
exist on the first floor on properties to the north and west. The physical changes
to the building to accommodate 1400 square feet of residential use on the first
floor will not have significant impact on the appearance of the building.
CONCLUSIONS: The requested variance allows the current character of the
area to be unchanged. Therefore, staff concludes that the variance will not
5
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: The land use policy of the city and the zoning ordinance address the
subject property and the surrounding area as a commercial node. The majority of
the ground floor would remain as commercial use. Past City actions have
intentionally reduced the flexibility for allowing residential uses and limited them
to specific circumstances.
CONCLUSIONS: Although the amount of requested household living (2 units) is
not significant, long-term household living use on the first floor is a significant
difference in policy for the area. Therefore, staff concludes that the variance
for household living on the first floor does not 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: The ordinance does not prohibit the mixed use of the property which
has existed for 10 years and has not created any non-conformities on the
property with the changes in zoning since its initial approval. Additionally, the
developer built the building at a time when the basic requirements for
constructing accessible units were known within the housing industry. HUD first
produced accessibility guidelines for Fair Housing in 1991. However accessible
housing was not required by the Building Code standards for the format of
construction chosen by the developer at that time. Residential uses in similar
mixed use buildings in the area are legal non-conforming as short term lodging
and are not of the same classification as the proposed use variance for
household living.
CONCLUSIONS: The developer chose to build a building originally with no
accessible units and the allowed use and the ground floor have not changed
since its original approval. Therefore„ staff concludes that the use variance
for household living on the ground floor does not meet the substantial
justice standard of Ames Municipal Code Section 29.1504(4)(d).
6
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for a use variance
allowing ground floor household living at 4611 Mortenson Road.
2. The Zoning Board of Adjustment may deny this request for a variance, if it makes
findings that the criteria of 29.1504(4) have not been met for the requested use
variance at 4611 Mortenson Road.
3. The Zoning Board of Adjustment may table this request for a variance, and
request additional information from City staff or the applicant.
DEPARTMENT RECOMMENDATION:
The Zoning Board of Adjustment must consider variance requests 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 does not meet most
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 #2, which is to deny the requested use variance at
4611 Mortenson Road.
7
Attachment A
" RICNARDSON T �T
s s,
� V
LINCOLN
u
N
r � ,
c �
Subject
Area
e
y ,
+t
pay
z
Location Map
2121 Sunset Drive
8
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 marnicr 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.
(b) Setback and perimeter landscaping. The minimum setbacks and perimeter landscaping
standards for parking areas,and for any driveways and drive aisles accessing parking areas,are set
forth in Table 29.403(4) below. For Auto and Marine Craft Trade Uses,see Section 29.403 (5),below.
(Ord. No. 4119, 7-10-12)
'rabic 29.403(4)
Minimum On-site Parking Area Setbacks and Perimeter Landscaping
Lot line abutting street 5 ft. 0) L2 or 10 ft. A) L I
Lot line abutting a Residential ly-Zone Lot 5 ft. 2L3, except 10 ft.(a) L4 in GI
Lot line abutting a Commercially or Industrial-Zone Lot 5 ft. (a}L2 or 10 ft. (a),LI
Perimeter landscaping for Grocery Stores and Retail and See Section 29,403(4)(h)for additional landscaping
Shopping centers in CVCN and CGS Zones requirements.
Perimeter landscaping along new lot lines created through None required at the time of subdivision. However,any
existing paved areas. expansions, alterations or replacements of the existing
)aved areas must comply with all provisions of this section]
(Ord. N'o. 3591, 10-10-00:0)-tL No. 3967, 9-9-08,- Ord, No. 4029, 4-13-10: Ord. 4055, 1-25-11)
(c) Surface Parking Area Interior Landscaping. All surface parking areas must meet the following
interior landscaping requirements.
(j) Interior landscaping shall be required for parking lots,containing l6ormore spaces,
that include three ormore rows of parking spaces separated by two or more drive aisles in a single location. Such interior
landscaping shall,at a minimum,include a 9,0'wide and 16'long landscaped island for every 20 interior parking spaces
and a landscaped median,a minimum of 15'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 each landscaped island. A minimum of one Landscape Tree is required per 50 lineal feet of landscaped median,
Shrubs or ground cover plants must cover the remainder of each landscaped island and median.
(Ord. No. 3591. 10-10-00)
(ii) Interior landscaping is not required for Parking lots that have parking on one or both
sides of a single drive aisle.
fOrd, No.3591, /0-10-001
(Iii) All landscaping must comply with thestandardsof Section 29.403,Landscapingand
Screening. Trees and shrubs must be fully protected from potential damage by vehicles.
(iv) Interior parking area landscaping must be dispersed throughout the parking area.
Some trees may be grouped, but groups of trees must be dispersed.
(v) Perimeter landscaping may not substitute for interior landscaping. However,interior
landscaping may join perimeter landscaping as long as it extends 4 feet or more into the parking area from the perimeter
landscape line.
(vi) Parking areas That are 30 fect 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.
9
(d) Planting Materials, No materials shall be approved for use in any Parking Lot Landscaping
Plan that has been judged unsuitable for such use in the City by the Department of Planning and Housing. The following
are minimurn standards:
(i) All plant materials shall be of a heartiness suitable to the local climate;
(ii) Plant materials used for screening purposes shall provide effective screening by the
third growing season.
(c) Maintenance, The owner shall be responsible for providing,protecting and maintaining all
landscaping and health and growing condition,replacing it when necessary and keeping it free of refuse and debris.
10
•
lac fpp �u'Y., bL
x if<3 ilr
_ ,a t n ��jjjj tl
'G 91it9_'TR
s g ofi<
rs 6 rw
_ Lm s } k 4
4t� R,C
<rC b ms m, f# IN l „' fID
y
tic yLyc mY f#
tl k
luC yq. ,tl J tt z
04 m }•. Nj'
tl
r4C ttyC N7 1N Yu �����`.: tl tl O
LLG N iy
Nc y n iN a
!NC < « } YI NCI
!TC
V 1
It t
• LfrC L
}tt h IN T7 t � i
aLs
in1 � i
� N
jypy�jjj y}
rn rz+ }n LN in r» In � iNim fa
N
f
tl L.r tj
i YIiYf � N � It
U
s'6.tgy tArC OLt �.L,Wf( , '+Cy
1 r 6/
( 7 1 I q�'yyfv3T.Fy ; a
rd;14,
a^` t IIits RQ !3-P aJ f. m i
�,YUN"am Host 3 '•\.
tl4 r srxLS as r ra- w ut>a N a srt .b, � N
! i t
._._..-....._.-•------_"_y�.. is
MoRTENSEN ROAD
11