HomeMy WebLinkAbout~Master - Variance to allow household living for two units on the first floor of an existing building at 4611 Mortensen Road CITY OF AMES, IOWA MAY - 8 2014
ZONING BOARD OF ADJUSTMENT
IN THE MATTER OF THE
APPLICATION OF JENSEN CASE NO. 14-06
DEVELOPMENT FOR A VARIANCE,
§29.1504(4) , AMES MUNICIPAL CODE, GEOCODE NO. 09-07-440-055
TO ALLOW HOUSEHOLD LIVING FOR
TWO UNITS ON THE FIRST FLOOR OF DECISION & ORDER
AN EXISTING BUILDING ON
THE PROPERTY LOCATED AT
4611 MORTENSEN ROAD
FACTS
The property is located to the northwest corner of Dickinson Avenue and Mortensen Road in the
"CCR" (Community Commercial/Residential Node) zoning district. 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. This property is a fully developed
mixed-use commercial building with fifty-six (56) dwelling units on the second and third floors
and surface parking to support all uses. The building was developed in 2004-2005 within the
CCN (Commercial Community Node) zoning district. 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; however, 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, which allows the tenure of an occupant up to sixty (60)
days. 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 lodging
on the ground floor with household living above. 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. For this property, it requires two (2) accessible dwelling units. Therefore, the applicant
proposes household living on the first floor of the existing building to create these two (2)
accessible dwelling units since the existing units on the second and third floors do not meet
accessibility standards. Since household living use is not permitted on the first floor of a
building in this zoning district, the applicant is asking for a variance.
Staff presented evidence that all of the criteria for a variance required by Ames Municipal Code
section 29.1504(4) have not been met. The applicant presented evidence that the request is not
contrary to public interest and that the spirit of the ordinance will be maintained because the
requested use was once allowed. He also presented evidence that he will have a reasonable
return if he can keep the building financed, and that he can get a better return under HUD
financing.
I
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 not been met. First, granting of the variance is contrary
to the public interest. Second, denial of the variance would not cause an economic hardship that
would effectively take all beneficial use of the property from the owner. Third, it appears there
are practical alternatives to a variance. Fourth, this situation is not unique and the conditions of
the property are self created. Although the requested variance would not alter the essential
character of the area, the spirit of the ordinance would not be observed if the variance was
granted.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is Denied a variance from the prohibited
uses in a CCR zoning district, section 29.806(2) of the Ames Municipal Code, to allow
household living for two units on the first floor of the property located at 4611 Mortensen Road.
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
y Burton G Taylor
Secr tary to th oard hair