HomeMy WebLinkAboutA4 ITEM# 2
DATE: 07-09-14
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
CASE FILE NO.: ZBA-14-17
DATE PREPARED: July 3, 2014
MEETING DATE: July 9, 2014
REQUEST FOR
REASONABLE
ACCOMMODATION: To allow relief from the required historic materials for wood doors
in the "Alteration Area", as described in Ames Municipal Code
Chapter 31 Historic Preservation Districts regulations for the two-
family dwelling under 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., is in the process of
constructing a new two-family home for two disabled individuals at 821 Duff Avenue.
The same applicant and same site was the subject of a reasonable accommodation
request in April of 2014 for relief from window design standards of Chapter 31. The
request was approved. Subsequent to the ZBA approval, the entire design of the
house was subject to the approval of a Certificate of Appropriateness by the Historic
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Preservation Commission (HPC). HPC granted the Certificate, excepting out the front
doors of the home due to the request of the applicant to not do wood doors as a
required historic material. The rear doors of the home are not required to be wood.
The currently requested accommodation is for the front doors of the home facing Duff
Avenue. The request 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 caretaker as a second bedroom
within each unit.
The applicant is requesting that insulated fiberglass doors be allowed as a substitute for
wood, since they claim fiberglass will hold up better than wood to damage from contact
by wheel chairs used by the occupants, particularly for exiting the front doorway. The
occupants can pull the doors open to enter through the front doorway, but must use the
wheelchair to physically push the door open for exiting. The applicant states that wood
materials are subject to denting to a much greater extent than is the case for fiberglass
material.
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.
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, final details of the
design related to an allowed accommodation are part of the final determination for the
Certificate of Appropriateness.
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Reasonable Accommodation
The applicant has requested the following exception:
1. The installation of insulated fiberglass doors for the front entry of each of the two
units under construction in the Old Town Historic District, as a substitute for wood
material, which is the required historic material for doors in local historic districts[see
Section 31.13(24(b) of the Municipal Codel.
APPLICABLE LAWS:
Chapter 29, Section 29.1505 of the Municipal Code, Section 29.1505(5) states the
following:
"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
(t) 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 31.13(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 by the Design Guidelines, which shall pertain to all historic preservation
districts and historic landmarks. Said regulations are as follows:
(24) Windows and Doors, Alteration Area.
(a) New materials shall be consistent with the historic materials in size, design,
composition 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."
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FINDINGS OF FACTS & CONCLUSIONS:
Ultimately, the ZBA must make a determination of the reasonableness of the requested
accommodation. Considerations are listed below that may help support a conclusion
about an individual request. 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 structure are quadriplegics,
which limits their physical abilities. In addition, these two individuals must use
wheelchairs to move about. They each have the ability to pull a door open, but
neither has the physical ability to push a door open. The applicant plans to install
exterior doors that pull open from the exterior and push open from the interior.
The occupants will each use their wheel chair to open the door push the door
open as they exit their dwelling unit. The applicant states that wood material will
dent from repeated contact with wheelchairs, and fiberglass will hold up much
better than wood.
CONCLUSION: The issue described relates to wear and tear on the features of
the home. Although the applicant has stated that fiberglass doors are stronger
and less susceptible to damage than wood doors, another alternative to
protecting the wood doors is to install metal kick plates on the lower portion of the
front doors on both the interior and exterior sides of each door. This approach
would follow adopted design guidelines in Chapter 31 of the Municipal Code for
the material composition, while providing an added level of protection for the
doors.
(b) Potential benefit that can be accomplished by the requested modification
FINDING: One of the features of fiberglass doors is that the material resists
denting and scratching more than wood. It would be a potential benefit to the
home owners to have doors of a material that is more resistant to denting and
scratching in terms of the durability and work needed to maintain the appearance
of the doors.
CONCLUSION: The potential benefit accomplished by granting of the requested
modification of substituting fiberglass door material for wood is not directly
related to the abilities of the occupants to function independently in their new
home. Benefits are more closely related to maintenance costs over the useful
life of the doors.
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(c) Potential impact on surrounding uses
FINDINGS: Granting of the exception will allow the installation of fiberglass door
material on a house in an area of the community, the Old Town Historic District,
that includes several other historic houses that are required to follow the adopted
Design Guidelines, which require wood doors in the "Alteration Area" to be
consistent with historic materials found in the District.
CONCLUSION: The granting of an exception to fiberglass doors for the front
entries on the duplex will allow a door material not permitted on other historic
homes in the Old Town Historic District. Fiberglass material is not consistent with
the historic door material and is a fine grain detail that is a mandatory standard
for the front alteration area of homes in the Historic District. The applicant
believes that by painting the doors there would not be a perceptible impact on the
character of the area as it is not required that the door be stained rather than
painted.
(d) Physical attributes of the property and structure
FINDING: The two-family dwelling at 821 Duff Avenue is presently under
construction. There is an asphalt parking area accessed from Duff Avenue,
which was used before the previous 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.
CONCLUSION: The physical attributes of the property and structure are not a
factor for this request for reasonable accommodation. The design of the doors
must meet adopted Design Guidelines in Chapter 31 of the Municipal Code, and
are not a consideration for the Zoning Board of Adjustment in this case.
(e) Alternative accommodations that may provide an equivalent level of benefit
FINDING: The applicant cites several reasons for requesting reasonable
accommodation, including: cost differential between fiberglass and wood doors,
purchase price, installation cost of wood doors, maintenance cost of wood doors,
inability of the occupants to physically perform maintenance, limited fixed income
of occupants, durability of fiberglass over wood, similar appearance of wood and
fiberglass doors, insulation properties of fiberglass doors over wood,
CONCLUSION: The above reasons cited by the applicant for granting of the
"reasonable accommodation" are not because of a disability of an occupant, that
in the application of a zoning law that may be acting as a barrier to fair housing
opportunities.
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(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 particular case.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this Request for Reasonable
Accommodation to allow relief from the requirement for "historic materials", i.e.
wood, in the "Alteration Area", as described in Ames Municipal Code Chapter 31
Historic Preservation Districts regulations for the two-family dwelling under
construction on the property located at 821 Duff Avenue, based upon the above
findings and conclusions.
2. The Zoning Board of Adjustment may approve this Request for Reasonable
Accommodation, with modifications, to allow relief from the requirement for "historic
materials", i.e. wood, in the "Alteration Area", as described in Ames Municipal Code
Chapter 31 Historic Preservation Districts regulations for the two-unit residential
structure under construction on the property located 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 relief from the requirement for "historic materials", i.e.
wood, in the "Alteration Area", as described in Ames Municipal Code Chapter 31
Historic Preservation Districts regulations for the two-unit residential structure under
construction on the property located 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 historic
front door materials, i.e. wood, is not acting as a barrier to fair housing of the two-family
dwelling under construction in the Old Town Historic District, at 821 Duff Avenue. The
issue revolves for the most part around initial cost of installation and long term
maintenance obligation. The Planning and Housing Department recommends that the
Board should act in accordance with Alternative #3, which is to deny the Request for
Reasonable Accommodation.
S:\PLAN_SHR\Council Boards Commissions\ZBA\Request for Reasonable Accomodation\821 Duff Avenue—Request for
Reasonable Accomodation 07-09-14.doc
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821 Duff Avenue
Reasonable Accommodation