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Home My WebLink AboutA1 RECEIVE® Effective Date:April 1, 2014 MAY 2 4 2016 CITY OF AMES,OWA ,Appeal from a Decision DEPT.OF PLANNING&HOUSING of the Zoning Enforcement Officer Application Form (This form must be completely filled out before the application will be accepted.) 1. Property Address for this Appeal Application (if applicable): 2-3 o -1 S� 7 A CC t 2_ Legal Description (attach if lengthy): L-o� 7 is Riotk o h fUtSs"" "S, SYo�y , S°w1 3. 1(We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of r Adjustment alleging that an error has been made or appealing a decision ofenforcing in connection with(Attach if sufficient space is not provided.) A44 Lt cd 4. Property Owner. (.a vt nS 1--LA-1�fv1wt�"t4lCci Business: q A o cs Z 3 O 1-1 L �C Address: )6i CF-4 AL. AV V\hULQIAJ SC (Street) (City) (State) (Zip) Telephone: 35 2- � � i 0 6t- (Home) (Business) (Fax) 5. Applicant: Business: Address: (Street) (City) (State) (Zip) Telephone: (Home) (Business) (Fax) 6. Contact Person: Business: A" &116 Address:_ L A`f `t �' c �'•`e r r (Street) (City) (State) (Zip) Telephone: 51 Y - Z 3 Z-- Z S 0 1 - T�' (Business) tt ! (Fax) E-mail address: -rt 4- , Ldu, �� e1 a t tom S�f fDr"'t 3 Effective Date:April 1,2014 The Zoning Board of Adjustment may grant an Appeal,provided the Board finds that there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of Chapter 414 of the Code of Iowa or of any ordinance adopted pursuant thereto. This Appeal will not be granted unless sufficient facts are presented in this application and at the Zoning Board of Adjustment hearing to support a position finding by the Board. Concurrence with this Appeal by the Zoning Board of Adjustment in no way absolves the applicant from subsequently obtaining the necessary building permits or other permits from the City of Ames or from any other applicable agency. I(iFe)certify that I(we)am(are)familiar with all applicable ordinances and codes and I(we)have submitted all the necessary information to frdly understand this appeal. Signed by:�! �� o x t .Date: Property Owner(s) A+T�2� Print Name (Note. No other signature may be substituted for the Property Owner's Signature.) 4 Effective Date: April 1, 2014 Appeal from a Decision of the Zoning Enforcement Officer Supporting Information (This form must be filled out completely before your application will be accepted.) As provided by Section 414.12 of the Iowa Code, Section 29.1403(7)(a) of the Zoning Ordinance grants power to the Zoning Board of Adjustment to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance. In order to facilitate review of this application for an appeal the appellant must provide sufficient facts to support the appellant's position. (Note: Additional facts may b attached on a separate sheet if sufficient space is not provided.) Set- Effective Date:April 1,2014 Permission to Place a "Zoning Action Pending"Sign on Private Property (This form must be filled out completely before your application will be accepted.) Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall be posted by fire City on the subject property. The owner of property at 36y Kkp hereby grants the City of Ames permission to place "Zoning Action Pending"signs on the property for the purpose of informing interested persons of the request for action by the City of Ames. 1 understand that the signs will be placed on the property several days prior to action on the request by Zoning Board of Adjustment and may remain on the property until the request has been approved or denied by the City. Signed by 1 h�� <c�� Date: Z I 7 � Property Owner 17hki t o .�{N(-,Nv A,,-iT(-w(z i-> y Print Name (Note: No other signature may be substituted fo►-the Property Owner's Signature) 6 Supporting Information David Duncan owns the property locally know n as 2304 The applicant, p p y y Knapp St., Ames, Iowa. Currently, the property is divided into 4 apartments units. The current zoning is RL, and the apartments are an existing non-conforming use. Mr. Duncan desires to remodel the interior space including removal and alteration of several interior walls. The current floor plan and the remodel are attached to this Application. Importantly, the number of apartment units will not change after the proposed remodel is completed. Furthermore, the remodel does not include any enlargement, expansion, or extension of the structure. The City of Ames Department of Planning and Housing (The Department) has determined that the contemplated remodel will increase the intensity of the non- conforming use and that therefore, the planned remodel cannot move forward. The Department relies on Ames Municipal Code. 29.307 (2)(a)(ii). The full text of 29.307(2)(a) is attached to this application. Our position is that Ames Municipal Code 29.307 (2)(a)(ii) (highlighted) determines that this remodel shall be permitted because it does not involve an enlargement, expansion, or extension of the structure. The text of 29.307 (2)(a)(ii) applies expressly to remodeling and states that "interior remodeling or improvements to a structure containing a nonconforming use shall be permitted, provided that any proposed enlargement, expansion or extension shall be subject to the provisions set forth in the above paragraph (29.307 (2)(a)(i) ." Here, the proposed remodel does not enlarge, expand, or extend the structure, and therefore, the remodel must be permitted. The Department disagrees with this interpretation and has applied Ames Municipal code 29.307 (2)(a)(i) which has the heading "Enlargement". Under that paragraph, a nonconforming use may not be "increased in intensity." However, that language does not apply to this case because that language is under the heading of "Enlargement" and therefore does not apply because no enlargement is contemplated in the proposed remodel. In other words, the proposed remodel falls under paragraph (ii) and not under paragraph (i). As such, the proposed remodel "shall" be permitted. The Department has cited various ways in which the proposed remodel will increase the intensity of the non-conforming use. This includes parking, number of persons who may occupy the structure, and square footage requirements. First, these considerations are not relevant given the "shall" language of 29.307 (2)(a)(ii). Additionally, even if paragraph (i) applied (and consequently the "intensity" limitation), the four apartment units prior to remodeling would be treated as four apartment units after remodeling. The apartments would continue to be subject to the same RL zoning standards after renovation. Today, 12 people may occupy the structure (3 unrelated persons in each of the 4 units)(AMC 29.200(72)(b)). That would not change after remodeling. Parking requirements would not change either, as AMC 29.406(2) would continue to apply to the 4 apartment units after renovation. In other words, even if each unit were divided into 100 bedrooms during the renovation, the unit would continue to be subject to the same restrictions that it is today. Thus, the proposed remodel does not constitute an increase in intensity. 2304 Kna St Approximat'Xxisting Before Renovations P P Not to scaled � Window 66 x 28 Window 66 x 46 12'-3" ----------- -- 2,_6„ _. .— 11,_�„ .—..._.___.__.._._.... p-V 8'-8" Bath N Closet Kitchen Bed D Kitchen o a b $ Pantry o Bath a 1 f F c Closet a f+ x a A A c b 3 Living f N Living Bed o f o w ao x x 3 Stairs 0 (up to 2"d floor) 13'-6" — Front Door Porch Window 66 x 46 '---- 6'-1" ---- Front(Knapp St) First Floor Ln Window 66 x 28 Approximation 2304 Knapp St Not to scale After Renovations Back Porch 12,_3„ Bath Closet Bed Kitchen o M Pantry Open Kitchen/Living z Bath � m E3 = — ci Add walls Remove wall,part of kitchen counter,amc c,'o,:+': Install door with keyed New cased opening-V 3,+_ / dead olt Den/Livin _+ to separa a units 1 UNIT 2 UNIT 1 Studio Open Kitchen/Living 'I Stairs Living - Add new door (up to " 2nd floor) Front Door Porch Porch Front (Knapp St) First Floor Add door opening(relocate or eliminate xisting HVAC duct) 2304 Kna St Approximat:Xxistin Before Renovations PP Not1.sca�F g Window 61 x 28 Window 73 x 39 Window 37 x 30 t 13'-6" T-5" T-5 Bath w i Kitchen Zo Living Kitchen 0 t, w £ 3 m w 3 Bath f S e 0 1 w x V Stairs Living (up from w oI Closet 1"floor) 0% S Bed Bed w � A X N lD (up to attic) a c 3 Window 61x28 Window 60 x 27 Front(Knapp St) Second Floor 2304 Knapp St ApproximationNot to scale After Renovations Bath Living Add walls Kitchen= Kitchen Bed and door Add walls Bath and door ( `° v I = UNIT 3 UNIT 4 Ad I door opening. Add door install door with keyed deadbolt to separate units Stairs Closet (up from 1"floor) Studio Bed Bed Add wall Front(Knapp St) Second Floor