HomeMy WebLinkAboutA6 ITEM#:
DATE: 10/22/14
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
CASE FILE NO.: ZBA-14-29
DATE PREPARED: October 16, 2014
MEETING DATE: October 22, 2014
REQUEST: Variance to allow a 53-bed Greek House with 43 on-site parking
spaces where 53 spaces is required.
APPLICANT: BSB Design, Inc.
OWNER: Sigma Chi Beta Omicron Chapter
LOCATION: 2136 Lincoln Way (See Attachment A)
ZONING: Residential High Density (RH)
East University Impacted Area (O-UIE)
BACKGROUND:
The subject property, Sigma Chi fraternity, is within the Residential High Density (RH)
zoning district and the East University Impacted Area (O-UIE) overlay zoning district. It
is located south of Lincoln Way across from the Iowa State University (ISU) campus, on
the southeast corner of Lincoln Way and Gray Avenue. (See Attachment A) To the
west is Buchanan Hall, which is a student residence hall, owned by ISU, and to the east
and south are fraternities and sororities.
The subject site previously received a variance from the ZBA in April 27, 2011 for the
location of parking in the front yard to allow redevelopment of the site with a 50 bed
fraternity. The applicant then was granted approval for demolition of the house on May
10, 2011 by the City Council with approval of a new house concept that showed a 50
bed facility with 50 parking spaces. A demolition permit was issued in June of 2014.
Despite the previous approval for encroachment of parking into the front yard and the
potential for development of the site with 50 bedroom facility, the applicant submitted a
site plan On June 20, 2014 for a 42 bed new fraternity house. Approved as part of the
Site Plan, a paved parking area south of the new building was approved
accommodating 43 parking spaces, one more that the number of spaces required under
the zoning code for a 42 beds fraternity house. Parking standards currently require 1
parking space for each bed within a fraternity or sorority. Included with the application
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materials is the site design approved under the Minor Site Development Plan.
At the time of review for the Minor Site Development Plan, it was noted the site had
been reduced from the Council approved concept of 50 beds to a 42 bed facility. The
plan was shown at that time with "future student suites" on the upper level allowing for
future expansion area if the parking rate was changed or if a variance was approved for
additional beds.
After approval of the 42-bed project and after additional review of the financial model for
the project, the applicant determined that the "future student suites", will need to be
converted to bedrooms prior to financing of the project to make the project financially
viable and has led to this request for a variance to the total number of required
spaces for the fraternity.
Since the time of the Site Plan approval from the property, City Council has initiated a
text amendment to the parking standards to reduce the required ratio of parking for
Greek Homes from one space per bed to one space per three beds. If this amendment
is ultimately adopted, this would allow for the proposed bed increase without a variance.
While this amendment is still in the formal public hearing stages, it is anticipated by
staff, based on previous feedback from the neighborhood and direction from Council, to
be considered in November and potentially in affect by the end of the year.
APPLICABLE POLICIES AND LAWS:
Pertinent portions of the Land Use Policy Plan and the Sub-Area Plan for the
University-Impacted Area are as follows. The Sub-Area Plan designates the area of
Greek houses within which the subject property is located as the East RH District.
• The University-Impacted Area will be a distinct, unique area within the community
with a great a deal of variety in activities and appearance. It will be made up of
districts, each with a distinct character, well defined by building use, type, scale,
setting, intended activity level, and other characteristics.
• The East RH District is distinctive, with attractive front landscapes, stylized
architecture, enduring materials, variety in form, and richness of detail. A few
newer buildings here and there are similar in scale and architectural quality.
• To make good use of resources, land uses within the UTA will be intensified,
while also conserving and preserving its existing valuable characteristics by
assuring compatibility between existing and new development.
• Demolition of structures originally built as Greek houses should only be allowed
where the original intended use or any other permitted use could provide no
economic return, as determined by the City Council.
• The East RH District is one of the most likely locations of historically and
architecturally significant structures, due to the historical pattern of development
of housing for students and faculty and the route of the historic Lincoln Highway:
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Pertinent Sections of the Ames Municipal Code:
Section 29.1110 (1) establishes the purpose of regulations for the East University
Impacted District:
(1) Purpose. The purpose of the East University Impacted District is to include areas
where the majority of the facilities were developed by "Greek" organizations as
housing for students, in order to maintain housing opportunities and housing
density, to the extent that base zoning would allow, while assuring the provision
of such requirements as adequate parking and architectural compatibility with the
valued characteristics of existing structures and landscapes, such as location,
height, materials and the appearance of variety of forms and of architectural
styles, by creating regulatory standards for commercial and high density
residential uses, but not impacting single or two family uses.
Parking Standards Section 29.406(2) establishes the amount of parking for new
buildings:
(2) Required Parking Spaces. Off-street parking spaces must be provided in
accordance with the minimum requirements set forth in Table 29.406(2) below,
for any new building constructed and for any new use established.
Table 29.406(2) requires 1 space per bed for College and University housing,
fraternities and sororities.
The Variance criteria may be found in the Ames Municipal Code Section 29.1504(4) and
as follows:
(a) The granting of the variance shall not be contrary to the public interest.
(b) That without granting of the variance, and due to special conditions, a literal
enforcement of the ordinance will result in unnecessary hardship. Unnecessary
hardship exists when:
(1) The land in question cannot yield a reasonable return if used only for a
purpose allowed in the zone.
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood
(iii) The use to be authorized by the variance will not alter the essential
character of the locality.
(c) The spirit of the ordinance shall be observed even when the variance is granted.
(d) Substantial justice shall be done as a result of granting the variance.
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FINDINGS OF FACT & CONCLUSIONS:
The following findings of facts and conclusions pertain to the above variance criteria:
(a) The granting of the variance shall not be contrary to the public interest.
FINDINGS: It is the policy of the City to preserve the existing Greek houses in
this area to the greatest extent possible. It is also the City's policy for the land
use of this area to continue as housing for students who are members of the
Greek organizations. However, it is also the policy of the City for buildings to
contain parking adequate to meet the needs of the people who use the buildings
in order to preserve on-street parking for additional, occasional parking for all
properties along those streets. The policy is also intended to prevent spill-over
parking in the off-street parking on adjacent sites.
The applicant notes that the proposed parking ratio with an approved variation for
the 10 additional parking spaces is still greater that other houses in the area.
Based on history from the Chapter, it is explained that only 50-75% of the
residents have vehicles and in the past some of the existing onsite parking not
needed by Sigma Chi has been leased to other Greek Chapters.
CONCLUSIONS: If a new Greek house cannot be built because of the parking
requirement, then the public interest in preserving the Greek house
neighborhood will not be met. However, if a new Greek house is built without
meeting development standards, including required parking, and if other off-
street parking becomes unavailable, then the public interest in preventing
consequences to the general welfare of surrounding properties will not be met.
Staff could not enforce from year to year, if parking were reduced, that the
number of vehicles on the property could be accommodated with onsite parking
as that number will fluctuate from year to year. Without providing the code
required number of spaces, staff cannot determine that on-street parking is not
being used to accommodate the actual parking need on the property. Therefore,
it can be concluded that granting the variance will not be contrary to the
public interest and does not meet the standard of Ames Municipal Code
Section 29.1504(4)(a).
(b) That without granting of the variance, and due to special conditions, a
literal enforcement of the ordinance will result in unnecessary hardship.
Unnecessary hardship exists when:
(i) The land in question cannot yield a reasonable return if used only for a
purpose allowed in the zone.
FINDINGS: The application states that the current economic model for
construction of the new facility cannot be maintained without the increase in the
number of beds from 43 to 53 beds for the house, requiring the variation of 10
parking spaces. The applicant goes on to state that "if the variance is not
granted it will negatively impact the size, quality and design of the project
significantly".
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The City pp Council approved in 2011 the demolition of the house, with information
provided by the applicant that identified a 50 bed facility that would yield an
economic return for the property with the construction of a new Greek house.
The Site Plan that was submitted for approval reduced the parking to 43 spaces
which then reduced the allowed number of beds under the code to a maximum of
43, the approved Site Plan shows 42 current beds for the facility.
CONCLUSIONS: Supporting information was presented to the City Council in
2011 to provide the economic need assessment to determine that a new house
was more economically viable than a renovation. At that time Council agreed
and the application was granted for demolition approval to allow for a facility that
could provide 50 beds. Then in June of 2014, a Minor Site Plan was approved
by staff which showed the house being built as a 42 bed facility providing 43
parking spaces, one more than the number of beds. In this case, a Site Plan has
been approved that allows for use of the property as a 42 bed facility with
potential for one additional bedroom based on the provided parking. The Site
Plan could also be amended to allow for 50 parking spaces and an increase to
50 beds as approved by the City Council. The applicant has not demonstrated
that a scaled down use of the site would not be feasible. Therefore, it can be
concluded that granting the variance does not meet the standard of Ames
Municipal Code Section 29.1504(4)(b)(i) regarding unnecessary hardship.
The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood.
FINDINGS: Off-street parking space data has been collected for all forty Greek
houses. It has been determined that based on the approved Site Plan Sigma Chi
is only one of three facilities that meet the parking requirement. Only two houses
have more parking than the subject property (43 spaces).
Twenty-eight of the existing Greek residences within the University Impacted
Overlay Areas were built before 1941 and no off-street parking was required. By
1960, new Greek houses or additions were required to provide one parking
space per 300 square feet of building.
On several occasions in the past ten years, residents and property owners in the
Greek neighborhood and the South Campus Area Neighborhood to the south
have brought to City Council their concern that the existing supply of off-street
parking is not sufficient to meet the needs of the Greek residents and that
therefore on-street parking spaces are rarely available.
CONCLUSIONS: When the current buildings in the Greek neighborhood were
developed, parking was less of a need. With the neighborhood fully built out,
there is not sufficient space in the neighborhood for new Greek residences to
meet the current zoning requirement of one space per bed. The subject property
does not present unique circumstances in that the lack of space to meet the
parking standards is a general condition of the neighborhood. Therefore, it can
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be concluded the variance does not meet the standard of Ames Municipal
Code Section 29.1504(4)(b)(ii).
The use to be authorized by the variance will not alter the essential
character of the locality.
FINDINGS: The applicant has requested a variance in order to increase the size
of the new proposed Greek residence in the same location, without expanding
the area of the site occupied by off-street parking. The number of residents
proposed will be 23% (10) more than the 43 bed capacity already approved.
The zoning ordinance includes mandatory site and architectural design standards
that are specifically intended to preserve the essential character of the
neighborhood. A parking variance for front yard parking along Gray has already
been granted and a Minor Site Plan approved for the 43 bed facility.
CONCLUSIONS: The policy of the City is that continuing Greek residency as the
predominant use in the neighborhood is one necessary component of preserving
its essential character. The front yard parking variance supported the continued
use of this site as a Greek residence. It is not certain that a 23% increase in the
number of residents without places to park will have enough impact on the
surrounding neighborhood to alter its character. The proposed Greek residence
meets the design standards of the zoning ordinance. Therefore, staff
concludes that the variance request does meet the standard of Ames
Municipal Code Section 29.1504(4)(b)(iii).
(c) The spirit of the Ordinance shall be observed even when the variance is
granted.
FINDINGS: Among other purposes, the East University Impacted Area zoning
district ordinance seeks to maintain Greek housing opportunities, while assuring
the provision of adequate parking. (See Section 29.1110(1) above). As stated
above, the existing Greek residences generally do not have adequate parking at
the residences, which affects the availability of on-street parking. The proposed
project will increase the number of residents at the subject site by up to ten
residents (23%).
CONCLUSIONS: If it is concluded that the variance is necessary in order to
construct a new Greek residence and promote a preferred use of the Overlay,
then the spirit of the Ordinance will be observed. However, a site plan showing a
viable project for a 43 bed facility has already been approved by City Council and
staff which was shown to meet the economic need for the property, therefore, it
can be concluded the variance does not meet the standard of Ames
Municipal Code Section 29.1504(4)(c).
(d) Substantial justice shall be done as a result of granting the variance.
FINDINGS: More than a dozen Greek houses in this neighborhood have been
renovated in order to improve safety and meet the needs of today's students.
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This has helped to create a trend of increased Greek membership and has
preserved and improved the Greek neighborhood.
CONCLUSIONS: Although the minimum parking requirement does pose a
challenge to development of the property with the new increase bed count, it
does not create an injustice of depriving the owner of the productive use of the
property as a variation for front yard parking has been granted and a Site Plan
has been approved meeting the needs of a 43 bed facility. Therefore, staff
concludes that the variance does not meet the substantial justice standard
of Ames Municipal Code Section 29.1504(4)(d).
ALTERNATIVES:
1 . The Zoning Board of Adjustment may deny this request for a variance if it makes
findings that the criteria of 29.1504(4) have not been met, preventing
development of a 53-bed project at 2136 Lincoln Way with 43 off-street parking
spaces.
2. The Zoning Board of Adjustment may approve this request for a variance
allowing development of a 53-bed project at 2136 Lincoln Way with the existing
parking area providing 43 off-street parking spaces without conditions if it makes
findings of Ames Municipal Code Section 29.1504(4).
3. The Zoning Board of Adjustment may table this request for a variance, and
request additional information from City staff or the applicant.
DEPARTMENT RECOMMENDATION:
The Planning and Housing Department concludes that the criteria for a variance
required by Ames Municipal Code Section 29.1504(4) have not all been met. The
deficiency of parking supply on the site is not unique to this property. It appears to be a
common condition within this area because of the age of homes and the historic pattern
of development. Additionally, the hardship of economic use of the site without the
variance has not been demonstrated.
The Greek Alumni Alliance has requested and the City Council has directed that staff
process a parking standard text amendment for Greek Houses to lower the parking ratio
to 1 space for every 3 beds. If approved, this would allow for a reduction in the parking
required for the requested 53 beds to a total of 18 spaces for the facility, which is
currently being provided on the approved Site Plan. While this provision is not currently
in place, staff anticipates an approved ordinance to amend the code by the end of the
year.
Therefore, it is the Department's recommendation that the Board should act in
accordance with Alternative #1, which is to deny the requested variance to allow
an increase in the number of beds from 43 to 53 for the Sigma Chi fraternity with
43 on site parking spaces.
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