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HomeMy WebLinkAbout~Master - Variance to construct a detached garage at 105 South Maple Avenue 1� CITY OF AMES, IOWA ZONING BOARD OF ADJUSTMEN ` 2016 IN THE MATTER OF THE APPLICATION CASE NO. 16-03 CITY OF AMES. IOW! OF TIMOTHY R. GRANDON FOR A VARIANCE, § 29.1504(4),AMES MUNICIPAL GEOCODE NO. 09-10-202-040 CODE,TO CONSTRUCT A DETACHED GARAGE ON THE PROPERTY LOCATED DECISION & ORDER AT 105 SOUTH MAPLE AVENUE. FACTS The applicant is Timothy R. Grandon, on behalf of Continue Care Real Estate Holdings, LLC. The property at issue is located at 105 S. Maple Avenue in Ames. The property is zoned Urban Core Medium Density Residential (UCRM). Mr. Grandon seeks a variance from the front and rear setbacks as established in Table 29.703(3) of the Ames Municipal Code zoning ordinances. The applicant appeared and testified as did City planner Charlie Kuester. Mr. Kuester supplied a staff report and attached exhibits. The property is a corner lot on the south side of Lincoln Way. The lot is platted as 45 feet by 80 feet and is a non-conforming lot per the development standards of the Zoning Ordinance. The house is at the far south end of the lot. There once was a single stall detached garage north of the house but it was removed sometime between 2003 and 2008. The applicant wishes to construct a three-stall garage on the site (22 feet by 30 feet). The location of the house is at the back corner of the property, the address of the property as fronting onto South Maple, and the zoning requirements for location of detached garages in a front yard preclude the ability to construct any garage that would meet requirements. Currently, there is-no off-street parking, which would make the property non-conforming regarding parking requirements for single-family homes because two spaces are required for a single family home. The proposed garage would be set back 20 feet from the east lot line along South Hazel Avenue. This is the same setback of the existing house so the garage would not protrude forward of the house. This would require a variance of 5 feet from the required 25 foot front setback. The garage would be set back 3 feet from the west property line. This would require a variance of 17 feet from the required 20 foot rear setback. The garage would be set back 25 feet from the Lincoln Way lot line. This meets the required 15 feet setback. The request for the variance is supported by the following facts: • The property is addressed on South Maple Avenue. This address determines the front of the lot, in accordance with the definition of "front" in Section 29.102(80). This is also consistent with the orientation of the house on this corner lot with the front door facing South Maple Avenue. • The front setback requirements are 25 feet and the rear setback is 20 feet. For a lot which is 45 feet deep, there is no ability to build any structure-house or garage. • The side setback is 8 feet on the south (for a two-story home) and 15 feet to the north (as a corner lot). There is about 60 feet from the north wall of the house to the north property line along Lincoln Way. • The only location for a garage is in the side yard (the area between the north wall of the house and Lincoln Way). Setbacks to Lincoln Way are 15 feet. • Section 29.408(7)(1)(i) requires detached garages in the side yard to meet the same setbacks as a principal building. • The single family home requires two parking spaces, each 9 feet by 19 feet. Surface parking is not allowed in the only area large enough to accommodate parking. Section 29.407(7)(b) does not allow parking in the "front yard" which is defined for off-street parking as the area between the house and the street on corner lots. Parking is only allowed on a driveway that leads to a garage or to the side or rear of the lot. The Board also discussed the applicant's requested three-stall garage versus a two-stall garage. City planning staff recommended approval of the variance request, and did not feel that the three-stall garage was inconsistent with the essential character of the locality. Staff did note that most other residences in the neighborhood which have garages have one or two-stall structures. Mr. Grandon testified that the third stall was needed to store items such as a lawn mower and a snow blower, and that a shed would be needed for such storage if the third stall was not approved. The Board noted that residences in the neighborhood which have garages have one or two-stall garages, and that a three-stall garage would be larger than the house and have more garage stalls than other garages in the neighborhood, and therefore would alter the essential character of the locality under the standard in Section 29.1504(4)(b)(iii), but a two-stall garage would not alter the essential character of the locality. DECISION The Board considers the evidence presented and the facts as noted above, and the standards in Ames Municipal Code section 29.1504(4), and zoning Table 29.703(3), and determines that a variance of 5 feet from the required 25-foot front setback and a variance of 17 feet from the required 20-foot rear setback at 105 South Maple Avenue, for purposes of constructing a detached garage, shall be granted, with the condition that the garage will be limited to a 22-foot by 22-foot two-stall garage structure. ORDER WHEREFORE, IT IS ORDERED that the applicant is GRANTED, section 29.1504(4) of the Ames Municipal Code, a variance of 5 feet from the required 25-foot front setback and a variance of 17 feet from the required 20-foot rear setback for the construction of a 22-foot by 22- foot two-stall garage on the property located at 105 South Maple Avenue in Ames, Iowa. 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 27th day of April, 2016. Erin Cain elby el Secretary to the Board Chair