HomeMy WebLinkAboutA7 ITEM# 3
DATE: 04-09-14
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
CASE FILE NO.: ZBA-14-07
DATE PREPARED: April 4, 2014
MEETING DATE: April 9, 2014
REQUEST FOR
REASONABLE
ACCOMMODATION: To allow an exception from the required windows type and
fagade ratios, as described in Ames Municipal Code Chapter 31
Historic Preservation Districts regulations for the duplex
proposed for construction on the property located at 821 Duff
Avenue.
APPLICANT: Habitat for Humanity of Central Iowa, Inc.
LOCATION: 821 Duff Avenue
ZONING: (RM) Residential Medium Density
(O-SFC) Single Family Conservation Overlay
(O-H) Historic Preservation Overlay
BACKGROUND:
It is the policy of the City to provide "reasonable accommodation" for handicapped
persons seeking fair access to housing in the application of its zoning laws. Any person
who requires "reasonable accommodation," because of a handicap, in the application of
a zoning law that may be acting as a barrier to fair housing opportunities may apply to
the Zoning Board of Adjustment (ZBA) for an exception. The applicant requesting
"reasonable accommodation" is to provide the factual basis for the need for the
requested accommodation, including a description of the person's handicap and a
physical description of the property. No other findings for a variance or minor exception
are required.
The applicant, Habitat for Humanity of Central Iowa, Inc., seeks a reasonable
accommodation for two handicapped persons seeking to occupy a new duplex to be
constructed. The requested accommodation is based upon the physical limitations of
these future residents and their ability to live in and maintain their home. The
handicapped individuals are quadriplegics. Each of these individuals will have their own
dwelling unit, separate from the other. The units are designed to allow for a live-in
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caretaker as a second bedroom within each unit. The duplex is proposed for
construction on the vacant lot at 821 Duff Avenue in the Old Town Historic District and
will require a Certificate of Appropriateness from the Historic Preservation Commission
(HPC).
The disabled individuals would like to have windows in their units that they can operate
given their physical limitations. Both occupants are capable of operating a crank to
open and close casement windows. Windows of a double hung design with an upper
and lower sash are more difficult for the occupants to operate since opening and closing
the windows requires leaning over and lifting the lower sash to open, or pushing down
the lower sash to close. The lifting motion, particularly if the object is heavy, is nearly
impossible to do as stated in the narrative provided with the application.
Preservation Standards
This lot is located within the Old Town Historic district, a local historic district that is
subject to the Municipal Code provisions found in Chapter 31 (Historic Preservation
Districts). Changes to the exterior of existing structures, demolition of structures,
relocation, and new construction are all subject to the adopted Design Guidelines and
Design Criteria in Chapter 31. New construction in the district must be representative of
one of the architectural styles approved in the district. The architectural style selected
by the applicant for the proposed house is "Hipped Cottage." Hipped Cottage requires
the use of double hung windows for consistency with its design standards. The design
for the structure must meet all design criteria listed for the architectural style selected for
approval of a Certificate of Appropriateness by the HPC.
The HPC is responsible for review and approval, or denial of the design of a new house
in the Old Town Historic District. The Commission determines whether the proposed
new construction, or alterations to an existing house are in compliance with the Design
Guidelines for the various exterior features and materials used on the structure. The
Commission is also responsible to assure that the new construction, or alterations are
consistent with the Design Criteria for the particular style of architecture of the structure.
Since the regulations found in Chapter 31 are directly applicable to properties included
within the (O-H) Historic Preservation Zoning Overlay, the Zoning Board has the
authority to grant a reasonable accommodation to the Design Guidelines and Design
Criteria found in Chapter 31 for persons seeking fair access to housing in the
application of the City's zoning laws. Subsequent to the ZBA action, the HPC will
conduct a hearing concerning the design of the proposed house with any allowed
accommodation by the ZBA. The final details of the design related to an allowed
accommodation are within the purview of the HPC.
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Reasonable Accommodation
The applicant has requested the following three exceptions:
1. The installation of casement windows on the proposed duplex, as a substitute for
double hung windows that are required for the Hipped Cottage style of architecture
in the Old Town Historic District [see Section 31.13(26)(f)(vii) of the Municipal Code];
2. The construction of a new duplex in the Old Town Historic District that does not meet
the minimum required "solid/void ratio" of 20 to 35% void. The solid/void ratio
includes the wall area above the foundation and below the roof [see Section
31.13(26)(f)(viii)]; and,
3. The installation of metal clad windows that do not meet the requirements for the
historic wood materials in the Old Town Historic District [see Section 31.13(25)].
APPLICABLE LAWS:
Chapter 29, Section 29.1505 of the Municipal Code, Section 29.1505(5) states that
"In making a determination regarding the reasonableness of a Requested
Accommodation, the following factors shall be considered by the Zoning Board of
Adjustment:
(a) Special needs created by the handicap;
(b) Potential benefit that can be accomplished by the requested modification;
(c) Potential impact on surrounding uses;
(d) Physical attributes of the property and structures;
(e) Alternative accommodations that may provide an equivalent level of benefit; and
(f) In the case of a determination involving a Single Family Dwelling, whether the
household would be considered a Single Housekeeping Unit if it were not using
special services that are required because of the handicaps of the residents.
Chapter 31, Section 31.10(2) of the Municipal Code, which states the following:
"New Construction. New construction in the area must be representative of one of the
architectural styles approved in the district or representative of the style of the
designated landmark. The design for the structure must meet all the design criteria
listed for the architectural style selected. Architectural features not specifically listed in
the design criteria may be proposed by the applicant. Those features should be
incorporated in a manner appropriate with the architectural style. Design criteria are
established for each architectural style identified in each historic district.
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Chapter 31, Section 31.13(26)(f)(vii)&(viii) of the Municipal Code, which states the
following:
"31.13(26) Design Criteria for the `Old Town' District. All new buildings in the "Old
Town" Historic Preservation District shall be representative of one of the following
architectural types and have the characteristics hereinafter set out with respect to such
architectural types. Alterations and new construction pertaining to an existing building
shall be of the same architectural type as said building."
(f) Hipped Cottage (Type 1) Design Criteria
(vii) Windows: Double Hung. Trim 4" to 6"
(viii) SolidNoid Ratio: 20-35% void; solid/void ratio only includes the wall
area above the foundation and below the roof."
Chapter 31, Section 31.13(25) of the Municipal Code, which states the following:
"31.13 Standards for Review, Design Guidelines, Design Criteria.
In considering an application for a Certificate of Appropriateness, the Commission shall
be guided b the Design Guidelines, which shall pertain to all historic preservation
districts and historic landmarks; and, by the Design Criteria, which shall apply only to
the particular historic district or historic landmark for which they are enacted. Said
regulations are as follows:
(25) Windows and Doors, New Construction Area.
(a) New materials shall be compatible with the historic materials of the particular
architectural style in size, design and texture.
BASIS OF REQUEST: See attached "Supporting Information for an Exception"
prepared by the applicant, as part of the "Request for Reasonable Accommodation
Application Packet."
FINDINGS OF FACTS & CONCLUSIONS:
Ultimately the ZBA must make a determination of the reasonableness of the requested
accommodation. There are not mandatory findings to be made, but instead potential
considerations that may support a conclusion about reasonableness. Not all of the
considerations must be met or even applied to an individual reasonable accommodation
request.
Staff makes the following findings of facts and conclusions for each of the factors to be
considered by the Zoning Board of Adjustment as grounds for accommodation..
(a) Special needs created by the handicap;
FINDING: The two future residents of the proposed duplex are quadriplegics,
which limits their physical abilities. In addition, these two individuals must use
wheelchairs to move about. They each have the ability to operate a crank that
opens and closes casement windows, but neither has the physical ability to open
a double hung window by lifting the lower sash.
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CONCLUSION: It seems reasonable to make accommodations for the
handicapped individuals, who will occupy the duplex, which would enable them to
open and close their windows for natural ventilation.
The requests for an additional accommodation to allow metal clad windows,
instead of the required wood windows, is related to the custom fabrication of the
windows. The applicant has not demonstrated that the casement window can
only be manufactured as metal with wood cladding and therefore cannot be
supported as a reasonable accommodation.
The solid/void ratio is not met for each fagade of the new building. The lack of
windows is not related to the disability of the occupants. It is not an example of
a zoning law that acts as barriers to fair housing opportunities and does not
qualify for a reasonable accommodation.
(b) Potential benefit that can be accomplished by the requested modification.
FINDING: Granting of the requested accommodation for the casement windows
will enable the handicapped individuals to fully operate the opening and closing
of their windows independently without the help of others.
CONCLUSION: The potential benefit accomplished by granting of the requested
modification of substituting casement windows for the required double hung is
directly related to the abilities of the occupants to function independently in their
new home. Benefits of the other modifications are related to potentially reduced
construction costs of the new building.
(c) Potential impact on surrounding uses;
FINDINGS: Granting of the exception will allow the installation of casement
windows on a house in the Old Town Historic District that will be designed as a
Hipped Cottage style of architecture. Double hung windows are required in the
Design Criteria for Hipped Cottage architecture.
CONCLUSION: The granting of an exception to allow casement windows on the
proposed duplex will allow a type of window not permitted on other Hipped
Cottage houses in the Old Town Historic District. This type of window is not
consistent with the historic character of the housing type.
Granting the accommodation for casement windows will subject the final design
details on emulating double hung windows with a center meeting rail and
providing for window trim to the Certificate of Appropriateness review of the HPC.
The additional requests for non-wood windows and an atypical window and door
ratio will also detract from the surrounding character of the historic district.
(d) Physical attributes of the property and structure;
FINDING: The lot at 821 Duff Avenue is presently vacant. There is an asphalt
parking area accessed from Duff Avenue, which was used before the previous
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house was destroyed by fire. An area of concrete and asphalt, which is
accessed from the alley, is separated from the remainder of the site by a wood
fence. The grade of the lot consists of a slight slope which drains storm water
towards the southwest corner of the property. The Hipped Cottage design for the
architectural style of the proposed duplex is shown on the attached building
elevations.
CONCLUSION: The fact that the property is vacant, and has very little slope that
would impact construction of a new house eliminates this as a factor that would
affect the requested accommodations. The proposed building elevations
submitted show casement windows that have a horizontal piece placed at the
halfway point of the vertical window dimension intend to simulate the "meeting
rail," which is the horizontal rail of a double hung window design.
(e) Alternative accommodations that may provide an equivalent level of
benefit; and
FINDING: The applicant states that the only type of window that is operable by
the occupants is a casement window. The windows proposed are composed of
wood with a metal cladding on the exterior surface.
CONCLUSION: No other alternative accommodations have been identified for
the type of window that would accommodate the future occupants of the duplex.
An alternative for the casement window materials would be to install wood
without metal cladding, which is consistent with the historic material required for
houses in the Old Town Historic District. The solid/void ratio can be met with
changes to window patterns.
(f) In the case of a determination involving a Single Family Dwelling, whether
the household would be considered a Single Housekeeping Unit if it were
not using special services that are required because of the handicaps of
the residents."
FINDING and CONCLUSION: This factor is not applicable in this case.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this Request for Reasonable
Accommodation to allow an exception from the requirement for the "double hung"
style of windows for a new house of the "Hipped Cottage" type of architecture, in the
Old Town Historic District, at 821 Duff Avenue, based upon the above findings and
conclusions, with the following stipulation:
A. Accommodation to allow casement windows requires that the applicant install the
trim and sill as is typically found on houses with double hung windows that are
historically significant. The design of the center meeting rail, trim and sill is
subject to approval by the Historic Preservation Commission.
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2. The Zoning Board of Adjustment may approve this Request for Reasonable
Accommodation, with modifications, to allow an exception from the requirement for
the "double hung" style of windows for a new house of the "Hipped Cottage" type of
architecture, in the Old Town Historic District, at 821 Duff Avenue, based upon the
above findings and conclusions.
3. The Zoning Board of Adjustment may deny this Request for Reasonable
Accommodation to allow an exception from the requirement for the "double hung"
style of windows for a new house of the "Hipped Cottage" type of architecture, in the
Old Town Historic District, at 821 Duff Avenue, based upon the above findings and
conclusions.
4. The Zoning Board of Adjustment may table this Request for Reasonable
Accommodation and seek further information from the applicant or from staff.
DEPARTMENT RECOMMENDATION:
The Planning and Housing Department concludes that the requirement for the double
hung type of windows for the proposed "Hipped Cottage" style of architecture of the
house proposed at 821 Duff Avenue may be acting as a barrier to fair housing
opportunities for the occupants of the proposed two family dwelling. A determination of
the reasonableness of granting of an exception to allow casement windows, as a
substitute for the required double hung windows is justified, given the factors the Zoning
Board of Adjustment is to use as grounds for accommodation. Therefore, it is the
Department's recommendation that the Board should act in accordance with Alternative
#1, which is to approve the Request for Accommodation, with Stipulation "A".
Alternately, if the Board finds and concludes that the requirement for double hung
windows does not act as a barrier to fair housing opportunities for the residents of the
house proposed at 821 Duff Avenue, then the Board should act in accordance with
Alternative #3.
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Location Map
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Reasonable Accommodation
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Attachment A
Proposed Casement Window
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Customer Approval Form: ?
Signature: Date
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Viewed from the Exterior
Quote Number: 5002651
Line Number 10 Quote Qty_ 1 Scaling. 1/2"=1'
Description: Architect,Casement Left,35 X 59
Rough Opening. 35,75"X 59,75"
These drawings are based on our interpretation
_.nfor-.,._.
our interpretation of the information provided to us.They are submitted for final approval of the
iindividual"responsible for the project and are not intended to create any warranty or other liability.The user**is responsible for ?
;compliance with applicable building codes or other regulations and determining the suitability of the suggestions for the particular
!application,including the final design of reinforcement,flashing,and sealant systems for all window and door installations. 3
building owner,architect contractor,installer and/or consumer
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W. .m.:.__. �.
Quote Name: Evan Project Name: Evan
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Jobsite Location St.Charles IA
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Room Location: Casement
....._. _... ____.. .................. ..__ .._ . .. .._.._...... _ _ — ..
Sales Branch Location 12900 Pella Company
Printed On 3125'2014 Page t Or
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Attachment B
Proposed Grille for Casement Windows
GRILLE TYPES
Typical Grille Profiles
CASEMENT
Integral Light Iechnoloyy" Grilles with Clad Exterior,
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'J,-F"trrr,,ut»r a.)i.9"Gteyut,,r 2"Rer,.J,.,
Integral Light Technology*Grilles with Wood Exterior;
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7i$"Rry,uar ?-9i4'Rag..var' a"Eeq„+a.
Removable Interior Pine Grilles
374 Fvaul:u '-i rA"Rr<rus.ai ?'r.'m&, .I t4'("W>nwt
Grilles-Between-the-Glass
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Attachment C
Casement Window Sections
UNIT SECTIONS
'J c)od Extei for
CASEMENT
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Attachment D
Window Types
American Vernacular Design 1870-1940 An Illustrated Glossary
By Herbert Gottfried and Jan Jennings
1985 Published by Van Nostrand Reinhold Company Inc.
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IIISTORIC'AL LY, 1'111? la IN-
dow glass ill position has been called the sash.Such Will
lows have been movable or fixed;they naay slide up or
Q down,pivot froze one side only as in the casement,or not
move at all In the course of tame sash has most commonly.
4 referred to those windows that stile up or down by means of
pulleys or metal tr aehs.The most contnzon form of sash is
the double nung>, in which both sashes slide. Prom IS 0 to
1930 the most popular double-hung s ash was that which
Was balanced e d by sash cords attached to weights passing
over a sash pulley.
Panes of glass cover the openings between rants and mun-
Q tins,or between stiles and rnuntins,and are referred to as
lights.A light may be an entire glass or a section.Dividing
�l the *lass into sections,rnatntins orglazing bars separate:the
lights and hold the glass in place.Ili the past all glazing
bars were eralled"muntins"and the top,bottom,and side
frames were called rails."'I'he meeting rail overlaps where
the uppt r and lower window meet,it is where the window
lock is mounted oil a double-hang sash window.
The casement is an old window form.It contains one or
�} more lights and opens on hinges much in the manner of a
door.Fixed uxi wimus are lights or parts of a large window
that do not open.Both atoning and htrj,zper windows open on
the horizontal,with the awning hinged at the top of the
frame and the hopper hinged at the bottom and opening
_ inward.
3
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Attachment D
Window Types
American Vernacular Design 1870-1940 An Illustrated Glossary
By Herbert Gottfried and Jan Jennings
1985 Published by Van Nostrand Reinhold Company Inc.
s
n Window construction and design
1—tC+T�t—
-- — involve the systematic organiza-
tion of lvinduw part: In the typical
H��
sash window,the horizontal
c;lements—rails;lintel and sill--
41
1-l�F{C have to be integrated with �{
U�rrt verticals
s and anuntins—
�,e+Sti Meth which really go in both directions.
Integration involves the kinds of
M E"TIN6, i1rAtL- material used,dimensions,and
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profiles.
No matter what the,window
�i tt type,the design process is the
same Fixed windows.may have
fewer parts to integrate than oper-
able windows,but their design and
over all impact on a building starts
n
with the assembly of parts.The (J.
assembly creates a pattern that,
when repeated,becomes a rhvthm, Q
perhaps a module.
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