HomeMy WebLinkAbout~Master - Sigma Chi Beta Omicron Chapter for a variance to allow a decrease in the required parking at 2136 Lincoln WayCITY OF AMES, IOWA
ZONING BOARD OF ADJUSTMENT�
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NOV 13 2014
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IN THE MATTER OF THE CASE NO. 14-29
APPLICATION OF SIGMA CHI BETA
OMICRON CHAPTER FOR A GEOCODE NO. 09-09-226-010
VARIANCE, §29.1504(4), AMES
MUNICIPAL CODE, TO ALLOW A DECISION & ORDER
DECREASE IN THE REQUIRED
PARKING ON THE PROPERTY
LOCATED AT 2136 LINCOLN WAY
FACTS
The subject lot is located in the "RH" (Residential High Density) zoning district and in the
"O-IUE" (East University Impacted Area) zoning overlay district. The lot is a corner lot located
south of Lincoln Way across from Iowa State University campus, on the southeast corner of
Lincoln Way and Gray Avenue. The subject site previously received a variance on April 27,
2011 to allow parking in the front yard adjacent to Gray Avenue and to allow redevelopment of
the site with a 50 bed fraternity. The owner of the site is the Beta Omicron Chapter of the Sigma
Chi Fraternity. The City Council granted approval for demolition of the 1960 fraternity house on
May 10, 2011 with the approval of a new house concept that showed a 50 bed facility with 50
parking spaces. A demolition permit was issued in June 2014.
Despite the previous approval for encroachment of parking into the front yard and the potential
for development of the site with a 50 bedroom facility, the applicant submitted a site plan for a
new 42 bed fraternity house. Approved as part of the site plan was a paved parking area south of
the new building including 43 parking spaces, one more than the number of spaces required
under the zoning code. Parking standards currently require I parking space for each bed within a
fraternity or sorority. At the time of review for the site 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 a future expansion area if
the parking rate was changed or if a variance was approved for additional beds. After approval
of the 42 bed building 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 it financially viable. This decision led to the request for a
variance allowing a reduction in the parking from the required 53 spaces to 43.
Staff presented evidence that all criteria for a variance required by Ames Municipal Code section
29.1504(4) have not been met. Specifically, staff found that only one of the criteria, that the use
to be authorized by the variance will not alter the essential character of the locality, was met.
The applicant presented evidence to the contrary, that if the variance was not granted, it would
result in an unnecessary hardship. To support this assertion, the applicant presented evidence
that the monthly rental rate for members for a 43 bed facility would be far above what is
economically feasible. It would also cause a delay in the completion of the project, thereby
postponing the move in date for the students until after the start of the school year. The applicant
also provided evidence that the lot is constricted on width for the parking because the lot tapers,
there is an existing retaining wall, and combination of unique factors that affect the parking
capabilities of the fraternity.
DECISION
The Board considers the standards applicable to variances from the provisions of the zoning
ordinance. In this case, the Board finds that all the criteria for a variance required by Ames
Municipal Code section 29.1504(4) have been met. First, the granting of the variance is not
contrary to the public interest. Second, the denial of the variance would cause an unnecessary
hardship. Third, the spirit of the ordinance will be observed if the variance is granted. Fourth,
substantial justice will be done as a result of granting the ordinance. In light of the evidence
presented, the Board determines that all the criteria for a variance have been met and the granting
of the variance is appropriate.
WHEREFORE, IT IS ORDERED that the applicant is GRANTED a variance from the parking
standards, sections 29.406(2) and 29.1504(4) of the Ames Municipal Code, to allow a reduction
in the required parking standards from 53 to 43 for the property located at 2136 Lincoln Way.
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 22'd day of October, 2014.
Erin Cain
Secretary to the Board