HomeMy WebLinkAbout~Master - Reasonable Accommodation to allow an exception from the required historic material, wood doors at 821 Duff Avenuet
CITY OF AMES, IOWA
ZONING BOARD OF ADJUSTMENT
IN THE MATTER OF THE
APPLICATION OF HABITAT FOR
HUMANITY OF CENTRAL IOWA, INC., CASE NO. 14-17
FOR A REASONABLE
ACCOMMODATION, § 29.1505, AMES GEOCODE NO. 09-02-327-030
MUNICIPAL CODE, TO ALLOW AN
EXCEPTION FROM THE REQUIRED DECISION & ORDER
HISTORIC MATERIAL, WOOD DOORS,
AT THE PROPERTY LOCATED
AT 821 DUFF AVENUE
The property at 821 Duff Avenue is zoned "RM" (Residential Medium Density) and located
within the "O-SFC" (Single Family Conservation Overlay) and the "O-H" (Historic Preservation
Overlay District). Habitat for Humanity of Central Iowa, Inc., is in the process of constructing a
new two-family home for two handicapped persons. 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
(Certificate) from the Historic Preservation Commission (HPC). New construction in the district
must be representative of one of the approved architectural styles. 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. This applicant requested and was granted a
reasonable accommodation in April of 2014 for relief from the required window design
standards. Subsequently, HPC granted the Certificate, excepting out the front doors of the home
due to the request of the applicant to not use wood doors, which is a required historical material.
The requested accommodation is based upon the physical limitations of the future residents, who
are quadriplegics, and their ability to live in and maintain their home. The disabled individuals
would like to have doors in their units which they can operate given their physical limitations.
Both occupants must operate the doors from a wheelchair. Doors made of wood material are
more difficult for the future occupants to operate since they are more heavy and harder to open.
Also, the wood doors will not withstand damage from contact with a wheelchair as well as a door
made of an alternative material. For these reasons, the applicant is requesting an exception to the
required design criteria that requires the use of historic materials, specifically installation of
wood doors on the front of the home facing Duff Avenue (Ames Municipal Code
§ 31.13(24)(a)). The applicant proposes to use doors made of insulated fiberglass as a substitute
for the required wood doors.
Staff presented evidence that the request for doors made of an alternate material did not meet the
factors considered for a reasonable accommodation. Instead, staff concluded that the
requirement for the historic front door material, i.e. wood, is not acting as a barrier to fair
housing in the dwelling. The issue, staff stated, revolves for the most part around the initial cost
of installation and the long-term maintenance obligation of wood doors.
The applicant presented evidence that the wood doors are more difficult to operate given that
they are heavier than a fiberglass door and this directly relates to the handicap of the occupants.
The suggested alternate material is easier to use as fiberglass doors swing open freely and handle
weather better. Additionally, wood doors change with humidity and swell in the summertime,
and that is an issue for someone who cannot operate a door in a typical manner. The applicant
explained that the fiberglass doors would be painted and would have the same texture and
appearance as a wood door.
DECISION
The Board considers the factors applicable to requests for reasonable accommodation from the
provisions of the zoning ordinance. The Board agrees with the applicant that the cost of the door
is not the main issue; rather the weight of the door is prohibitive to the applicants, given their
handicap. The Board commented that people in wheelchairs have an uncommon difficulty in
traversing doors, thus the accommodation is not unreasonable. Having heard the evidence
presented about this proposed home, 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.
WHEREFORE, IT IS ORDERED that the applicant is granted a reasonable accommodation,
section 29.1505 of the Ames Municipal Code, to allow relief from the requirement of historic
materials, i.e. wood, in the Alteration Area, as described in Ames Municipal Code Chapter 31
Historic Preservation Districts regulations, for the property located at 821 Duff Avenue.
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 July, 2014.
Sandra Mchmsey
Chair