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HomeMy WebLinkAbout~Master - Reasonable Accommodation to allow an exception from the required window type at 821 Duff AvenueCITY OF AMES, IOWA ZONING BOARD OF ADJUST J U N 10 2014 T IN THE MATTER OF THE APPLICATION OF HABITAT FOR HUMANITY OF CENTRAL IOWA, INC. CASE NO. 14-07 FOR A REASONABLE ACCOMMODATION, § 29.1505, AMES GEOCODE NO.09-02-327-030 MUNICIPAL CODE, TO ALLOW AN EXCEPTION FROM THE REQUIRED DECISION & ORDER WINDOW TYPE ON THE PROPERTY LOCATED AT 821 DUFF AVENUE FACTS The property at 821 Duff Avenue is a vacant lot zoned "RM" (Residential Medium Density) and located within the "O-SFC" (Single Family Conservation Overlay) and the "O-H" (Historic Preservation Overlay District). Since the property is located within the Old Town O-H overlay district, it is subject to the regulations found in Chapter 31 of the Ames Municipal Code and any construction additionally requires a Certificate of Appropriateness from the Historic Preservation Commission (HPC). New construction in the district must be representative of one of the approved architectural styles. The applicant proposes to construct a duplex on the lot in the "Hipped Cottage" style, which requires the use of double hung windows among other design criteria. The design for the structure must meet all design criteria listed for the selected architectural style to obtain approval of a Certificate of Appropriateness by the HPC. The applicant seeks a reasonable accommodation for two handicapped persons seeking to occupy the new duplex. The requested accommodation is based upon the physical limitations of these future residents, who are quadriplegics, and their ability to live in and maintain their home. The disabled individuals would like to have windows in their units which 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 future 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 for the occupants to do. For these reasons, the applicant is requesting three exceptions to the required design criteria: (1) the installation of casement windows on the proposed duplex as a substitute for the double hung windows which are required for the Hipped Cottage style of architecture in the Old Town Historic District (Ames Municipal Code § 31.13(26)(f)(vii)); (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 (Ames Municipal Code § 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 (Ames Municipal Code § 31.13(25)). Staff explained that the Board has authority to determine one of the requested exceptions. The request for casement windows is the only request that is directly related to the disability of the occupants and thus, the Board has authority to determine whether a reasonable accommodation is appropriate. Staff concluded that the other requests were not directly related to the disability and thus should be decided by the HIT. Staff' presented evidence that the request for casement windows did meet the factors considered for a reasonable accommodation request and recommended one condition. The applicant did not present any evidence to the contrary for the request for casement windows, but did request that the Board consider the request tor metal clad windows. The applicant explained that the request relates to the fact that metal clad windows do not need regular maintenance, and these occupants cannot get outside to paint their windows due to their disabilities. I) Fc, I c%, I ON The Board considers the factors applicable to requests l`6r reasonable accommodation from the provisions of the zoning ordinance. In this situation, the applicant requested a reasonable accommodation for three (3) required design criteria as stated in the historic preservation code. The Board decided that only one of the requests was directly related to the disability and the other requests should be handled by the I IPC. I laving heard the evidence presented about this proposed duplex, the Board finds that it meets the general standards for a Reasonable Accommodation in section 29.1505. In light of the evidence presented and the findings in the staff report, the Board determines that granting the reasonable accommodation is appropriate. ORDER WHEREFORE, rr IS ORDERED that the applicant is granted a reasonable accommodation, section 29.1505 of the Ames Municipal Code, to allow an exception from the requirement for the "double hung" style of windows for a new duplex of the "Hipped Cottage" type ofarchiteCtUrc, in the Old Town History District for the property located at 821 Duff Avenue, with the following conditions: 1, 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 I listoric Preservation Commission. 2. That the approval is conditioned upon the occupants meeting and requiring the reasonable accommodation. 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 9th day of April, 2014. Sandra Mclirnsey Chair