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Home My WebLink AboutA6 ITEM#: DATE: 10/28/2015 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: October 21, 2015 CASE FILE NO.: ZBA-15-20 MEETING DATE: October 28 2015 REQUESTED EXCEPTION: To allow a reduction of the side setback from 6 feet to 4 feet on the south side of a single-family detached residence. PROPERTY OWNER: Jim & Lo Jean Peterson APPLICANT: Else Construction Inc. LOCATION: 2814 Duff Avenue (See Attachment B) ZONING: RL (Residential Low Density) BACKGROUND: The subject property has a one-story single-family residence with an attached two-car garage on the south side. The home was built in 1971 per the Assessor's records. The property is approximately 105 feet wide on the front and from 120 to 125 feet deep. The front of the existing house is parallel to the front property line and set back 30 feet from the front property line. The garage portion of the house is one story tall and 24 feet wide and 23 feet deep. The garage is 18 feet from the south property line at the front and 16 feet from the south property line at the back corner. Since the house is considered as having one-story above grade, the required minimum side setback is 6 feet. (See attached Site Plan) PROJECT DESCRIPTION: Currently, the attached garage is a two-stall wide structure. The homeowner wishes to add an additional stall on the south side that would be 12 feet wide. The addition would extend beyond the 24-foot width of the existing garage to include a 12-foot wide by 24- foot deep addition on the south side of the existing garage. An exception for minor area modification to allow the garage to extend 2 feet into the minimum required side yard setback of 6 feet is requested. Since the south wall of the garage is not parallel to the south property line, approximately half of the proposed addition would encroach into the required setback. (See attached Site Plan, Attachment A) APPLICABLE REQUIREMENTS: Ames Municipal Code Section 29.1506(4)(c)(ii) states the following.. (c) Exceptions for minor area modifications. The Board is authorized to grant exceptions from the requirements of the zoning ordinance to allow minor area modifications for single-family attached and detached dwellings that exist in developed areas, but not in cases of new construction. These are authorized for the following situations: (i) reduction of required residential side yard setbacks for principal structures by no more than two feet; BASIS OF REQUEST: See the "Supporting Information" prepared by the applicant and included as part of this packet. FINDINGS OF FACT: Section 29.1506(4)(c) of the Zoning Ordinance describes the criteria that must be met for an Exception for Minor Area Modification. Below are the criteria followed by staff's analysis. 1. Special circumstances or practical difficulties apply to the property such that the terms of the ordinance cannot be satisfied. Upon review of the property and circumstances present both at the physical site and per the applicants reasoning in the application submitted, it does not appear that a practical difficulty or special circumstance is present at this location. The property in question is not the largest lot on the block nor is it the smallest. While the lot does sit at an angle and has slight tapering of the lot lines inward as the property extends back, it does not appear this presents any unusual circumstance or economic hardship to the owner or applicant. Additionally, there is currently room between the home and the setback line to expand the garage up to a limit of 10 feet at the closest point between the current southwest corner of the existing house and the setback line. Staff has not found evidence supporting a finding evidence of a special circumstance not is their practical difficulty in making a conforming additional of 10-feet to the structure that would necessitate providing for a 12-foot addition relying upon approval of an exception. 2. The minor area modification will not be detrimental to the public health, safety, or general welfare. The houses on this block generally have average to greater distances between them than the minimum side setback distances require. Any minor area modification would not appear to be detrimental to the above considerations. Based upon the location on the site and its surroundings, this finding could be made. 3. The minor area modification will not have a substantial negative impact upon neighboring properties. The proposed exception would result in a side setback of four feet for a portion of this side of the house. The house next door to the south has its garage approximately 49 feet from this property line, and thus the distance between the houses will be approximately 53 to 55 feet. However, if an addition to the house on the neighboring property were to be constructed to the 6-foot required setback, the separation of houses would then be 10 feet, reducing the area available for air circulation and light to two feet less than the typical setback provides in other low density residential neighborhoods. In this case both properties would interface with garages, it is unlikely that there would be negative impact in use of the property with the addition of a one-story garage and this finding could be made. 4. The minor area modificati on does not exceed the reduction limits established in the listing of minor area modification in Section 29.1506(4)(c)(i), (ii), or (iii) whether the limits are reached by a single exception or serial exceptions. Section 29.1506(4)(c)(i) allows for a reduction of a required side setback by no more than two feet. The requested reduction is two feet of the required six-foot side setback. This finding can be met. 5. The minor area modification does not authorize a use or activity not otherwise expressly authorized by the regulations within the zoning district in which the property is located. The use of this portion of the house will continue to be a garage for parking vehicles of the residents of the house. Other than the reduced side setback, the proposed improvements are consistent with the zoning regulations. This finding can be met. 6. The minor area modification is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community. One of the intents of setback requirements is to allow for air circulation and light among buildings in an area or neighborhood. Since the houses will still be at least 53 feet apart with the minor area modification, the garage addition itself would have minimal impact on air circulation and light for neighboring properties. The reduction of the side setback for only one property will not significantly impact the intent and purpose of the zoning ordinance, and has no effect on the general plan of the community for this established neighborhood of single-family structures. 7. The minor area modification is the minimum necessary to achieve the desired result. The desired result is an addition to an existing two-car garage. Staff has no information regarding the size of the boat or current internal configuration of the existing garage and cannot speak to the viability of any given size of a proposed addition. The necessity of the addition and configuration has not been justified by the application materials. Without justification of a special circumstance or practical difficulties, further details on this issue alone are not needed. Staff does not find that this criterion can be met as the addition is an optional element of enlarging someone's home and there is 10 feet of area to allow for an expansion without an exception. 8. The minor area modification does not alter the applicant's obligation to comply with other applicable laws or regulations. The requested Exception for Minor Area Modification for 2814 Duff Avenue is for a specific distance and in a specific site location. All other obligations to comply with applicable laws or regulations are not affected by this modification and are not being considered through this application. CONCLUSIONS: The above findings based upon the application as described herein, the Zoning Board of Adjustment may conclude that the application meets six of the eight applicable criteria of Ames Municipal Code. However, the Board must address the following questions to determine if the application meets the other two criteria: • Do special circumstances or practical difficulties apply to the property sufficient to require the exception? • Is the 12 foot addition to the garage the minimum necessary to widen the garage to accommodate larger vehicles such as the applicant desires? ALTERNATIVES: 1. If the Zoning Board of Adjustment determines that the findings of fact support conclusions that the application meets all of the criteria, it can approve this request for an Exception for Minor Area Modification to allow a reduction of the side setback from 6 feet to 4 feet on the east side of a single family detached residence at 2814 Duff Avenue. The Board must make two additional findings, as described above, to approve the exception. 2. If the Zoning Board of Adjustment determines that the findings of facts do not support conclusions that the application meets all of the criteria, it can deny this request for an Exception for Minor Area Modification to allow a reduction of the side setback from 6 feet to 4 feet on the east side of a single family detached residence at 2814 Duff Avenue. 3. The Zoning Board of Adjustment can refer this request back to staff and/or the applicant for further information. DEPARTMENT RECOMMENDATION: With a proposed addition to an existing home on standard lots, it is often a discretionary request to do so and is not necessitated by special circumstance or minor difficulty to meet the Code. Staff feels that is the situation here as there is enough room to add an additional garage stall within the setbacks, however it may not be to the width desired by the property owner. This is not a special circumstance as all properties across the City have setbacks and limitations on the sizes of buildings. Staff recommends approval of Alternative #2. In its review, staff could find no justification or evidence of a practical difficulty as required in section 29.1506(5)(i). / ➢p Sel ^ \\ ------I+ \, \ \ �� r i\I•` F O6_C \` \l \ i To LYLR4- -62 MPUEO Te Larune N01 1 g o /' 1 Site Plan VW= 11-0" 1 �, [L27rj � �� gam;•''. � c f d ^xv a t ,"X 12, vt OF V'" �3 tx 7 3�. Exception 2814 Guff Avenue �y yet a p x MN ti Ow r �/ REM.Sri 3 S R f E MAO f g PRO,C asa k 4b 3 oil, ��