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HomeMy WebLinkAboutA8 Item #: 3 Date: 06/22/16 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: June 10, 2016 MEETING DATE: June 22, 2016 APPEAL FROM A DECISION OF THE ZONING ENFORCEMENT OFFICER: An appeal from a decision of the Zoning Enforcement Officer that: a) the intensity of a non-conforming residential apartment use is increased with the addition of number of bedrooms for such use, and b) an interior remodel of a non-conforming use shall not increase the intensity of the use based on Section 29.307(2)(a)(i). PROPERTY OWNER(S): Ames 2304 LLC APPELLANT: David Duncan, Manager, Ames 2304 LLC LOCATION: 2304 Knapp Street (Attachment A) ZONING: Residential Low Density Zone (RL) SUPPORTING INFORMATION: See the Appeal from a Decision of the Zoning Enforcement Officer Supporting Information Application Form (Included with the submitted application materials) and the email of April 19, 2016, interpreting the zoning code (Attachment B). BACKGROUND: The subject property at 2304 Knapp Street, located at the northwest corner of Knapp Street and Lynn Avenue, was originally built in 1910 as a single family structure. The single family home was converted to a four unit apartment building in 1928, as determined from a building permit record, to allow for four one-bedroom apartment units. The earliest Letter of Compliance on file with the city for the property as a registered rental property is from 1999. The property has held LOCs off and on for the property since that time, depending on transfer of ownership. The current LOC expires in May of 2017. The property is currently zoned Low Density Residential (RL) which permits only single family detached residential dwellings with one dwelling per lot. Under the current Zoning Ordinance, the property is determined to have a legal non-conforming use, as the apartment use was established prior to the current ordinance, and therefore must comply with the regulations of Section 29.307 of the Zoning Ordinance for any modifications to such nonconforming use. The home is currently configured as four one-bedroom apartment units, with two units occupying each of the floors in the two-story home. The proposal is to remodel the first floor of the home into one studio unit and one two-bedroom unit (by definition in the zoning ordinance staff views the den/living room in this unit as the second bedroom). The second floor would be remodeled into a studio unit and a three bedroom unit. While there is no increase in the number of units proposed for the property, a net increase in 3 bedrooms is proposed from the existing 4 bedrooms within the home. Being the property is currently located in an RL zone and an apartment building would not be permitted in such zone, staff requested floor plans of the proposed remodel to determine compliance with the nonconforming use section of the zoning ordinance, 29.307(2) (See the existing and proposed floor plans submitted with the appeal application). Planning staff responded to the remodel request that the property was an existing legal nonconforming use permitted in the zone; however, the nonconforming use could not be increased in intensity of use, meaning the addition of units or bedrooms to the site from what was currently permitted as legal non-conforming. The applicant was notified of this code interpretation via email on April 19, 2016 (See Attachment B). After response back from the applicant regarding their reading of the ordinance, the applicant was notified via email communication on April 26, 2016 of the appeal process and was also notified that the proposed new unit configurations may also require additional parking under the current parking code requirements for larger residential units. Staff has not reviewed any existing or proposed parking layouts for the project. If the ZBA decides, based on information submitted, to approve the requested appeal the review for compliance with parking standards will be completed as part of the building permit review for the remodel. The applicant has requested an appeal of the staff interpretation of the code which would allow them to get a building permit to remodel the home to the new apartment unit configuration shown in the floor plans submitted with the attached application materials. Staff notes that there has been a recently issued building permit for the property for interior remodel; however, the current permit does not allow the increase in any additional bedrooms for the property, but does allow for the renovation of the unit layouts. The property owner would need to apply for an additional building permit to carry out their desired remodel for the increase in bedrooms. APPLICABLE CODE: SECTION 29.307(2)(a) (Pertinent Sections Highlighted): (2) Nonconforming Uses. Any use of any structure or lot that was conforming or validly nonconforming and otherwise lawful at the enactment date of this ordinance and is nonconforming under the provisions of this Ordinance or that shall be made nonconforming by a subsequent amendment, may be continued so long as it remains otherwise lawful, subject to the standards and limitations of this Section. 2 (a) Movement, Alteration and Enlargement. (i) Enlargement. a. A nonconforming use may not be increased in intensity and may not be enlarged, expanded or extended to occupy parts of another structure or portions of a lot that it did not occupy on the effective date of this Ordinance, unless the enlargement, expansion or extension complies with all requirements for the zone, does not create an additional nonconformity, and is approved for a Special Use Permit by the Zoning Board of Adjustment, pursuant to the procedures of Section 29.1503, excluding 29.1503(4)(b)(vii) of the Review Criteria General Standards, except as described in subsection b. following. b. Any building or structure containing a nonconforming use may be enlarged up to 125% of the floor area existing on the effective date of this ordinance, provided that the expanded building or structure complies with all density, coverage and spatial requirements of the zone in which it is located. c. The enlargement of a nonconforming use that has the effect of making a structure nonconforming, other than as described in subsection b. above, shall not be specially permitted pursuant to Section 29.1503, but rather shall be construed as a request for a variance, subject to the procedures of Section 29.1504. (ii) Exterior or Interior Remodeling or Improvements to Structure. Exterior or 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. (iii) Relocation of Structure. A structure containing a nonconforming use shall not be moved unless the use and structure will comply with all of the regulations that apply in the new location. The Zoning Board of Adjustment may authorize a structure containing a nonconforming use to be moved to another location on the same lot, provided that they determine that such a move will not have the effect of increasing the degree of nonconformity. BASIS OF DEPARTMENT DECISION The general policy of the City as noted in the purpose statement of Section 29.307 regarding all nonconformities is to allow uses, structures, and lots that were existing prior to the current code regulations to exist legally and in conformance with then- applicable requirements at the time the use was established. The general nonconforming section of the code goes on to explain that the regulations of that section 29.307 is intended to "recognize the interest of the property owners in continuing to use their property, promote reuse and rehabilitation of existing building, and place reasonable limits on the expansion of nonconformities that have the potential to adversely affect surrounding properties and the community". The ultimate goal of zoning is to achieve uniformity of property uses consistent with the regulations of each zoning district. Rather than require the immediate elimination of these preexisting nonconforming uses, a zoning ordinance will typically outline a set of conditions for the continued existence of nonconforming uses. To prevent nonconforming uses from becoming blighted properties, zoning ordinances generally do allow for routine maintenance and repair such as with Section 29.307(2) of the Ames Zoning Ordinance. 3 In the reading of section 29.307(2) regarding nonconforming uses specifically, the ordinance notes that any use or structure or lot that was conforming or validly nonconforming and otherwise lawful at the enactment date of this ordinance and is nonconforming under the provision of this ordinance may be continued as long as it remains lawful. The code goes on to spell out allowances for movement, alteration and enlargement in Section 29.307(2)(a). Section 29.307(2)(a)(ii) of the code identifies the allowances for exterior and interior remodel or improvements to a structure containing a nonconforming use. The ordinance allows for such remodeling and renovation of the structure which contains the use however; as indicated, the nonconforming use and the proposed renovation to such use must also comply with the "provisions set forth in the above paragraph" which would be Section 29.307(2)(a)(i). That sections details that "a nonconforming use may not be increased in intensity" and continues on to explain that it also may not be enlarged, expanded or extended based on the additional regulations noted for such enlargement, expansion or extension. The current home is divided into four one-bedroom apartments. The remodel of the units to revise the layout of the units or to upgrade the finishes of such units is permitted under the Zoning Ordinance to allow for the existing nonconforming units to be maintained. However, the addition of bedrooms has been in the past and is still considered to be an intensification of such use. The change in the type of units going from a one bedroom to a two or three bedroom unit intensifies the site requirements for the property requiring that additional parking be provided. Based on section 29.406(2), once an apartment unit is revised from a 1 bedroom unit to a two bedroom unit parking increases from 1.5 parking spaces per unit, to one parking space per bedroom, increasing the site parking requirements for the property. As explained previously, the intended purpose of this section of the code regarding non- conforming uses is to allow for a use and building to continue to be used and to provide the purpose in which it was originally approved. It is not the intention of these provisions to allow for nonconforming uses to be increased in the degree of their nonconformity, which could have the potential to adversely affect surrounding properties. As with any Zoning Ordinance change it is intended that eventually, through future redevelopment, that property again becomes compliant with the current standards for the zoning district. BASIS FOR APPEAL OF DECISION: The applicant notes (in the applicant's supporting information) that "Section 29.307(2)(a)(ii) applies expressly to interior remodeling and states that "interior remodeling or improvements to a structure containing a nonconforming use shall be permitted, proved that any proposed enlargement, expansion or extension shall be subject to the provisions set forth in the above paragraph."" The applicant notes that because the remodeling does not enlarge, expand, or extend the structure, the remodeling must be permitted because the above paragraphs of Section 29.307 (2)(a)(i) do not apply to this interior remodel. The applicant goes on to state that even if the ZBA found the intensity limitation of the 4 ordinance to apply to this renovation of the property, the number of units are not changing and therefore not impacting the occupancy or parking for the units. The applicant implies that the numbers of bedrooms are not significant to this determination because the number of bedrooms could be revised to any number of rooms and still only require the existing amount of parking as provided today therefore not increasing the intensity of the use. Staff disagrees with both contentions of the applicant. As described earlier, an increase in bedrooms for an apartment does change the amount of required parking. Additionally, the subparagraph of 29.307(2)(a)(ii) specifically references compliance with the preceding paragraph of 29.307(2)(a)(i) is required for remodel, therefore it cannot be read in isolation from the first section. ALTERNATIVES: 1. The Zoning Board of Adjustment can find that the Zoning Enforcement Officer made the correct interpretation of Section 29.307(2) in determining that the interior remodel of a nonconforming use cannot be increased in intensity and that the increase in bedrooms for a nonconforming residential apartment unit is an increase in intensity of such use. 2. The Zoning Board of Adjustment can grant the appeal if it finds that the Zoning Enforcement Officer did not make the correct interpretation of Section 29.307(2), thus determining that an interior remodel of a nonconforming use regulated under Section 29.307(2)(a)(ii) does not have to comply with Section 29.307(2)(a)(i) regarding intensification of such use, which would allow for the interior remodel of 2304 Knapp to increase the number of bedrooms within the existing four apartment units. Staff notes that if this determination is made regarding nonconforming uses which would allow the proposed remodel to proceed, the property will still need to show compliance with the increased parking requirement for the larger unit layouts per Table 29.406(2) of the zoning ordinance. 3. The Zoning Board of Adjustment can table this appeal application and request additional information from City staff or the applicant. 5 Attachment A BE 41, ah f q N, s6 A,44� z� u fi fi ,-ST q r t x' G: Subject Property � . w M Om 440 ' a x C pp k I M � wSiR Location Map 2304 Knapp Street 7 N 6 Attachment B https:Hmail.notes.na.collabserv.com/data3/21517775/224712, From: Karen Marren/COA To: "TL Bullard" <tlbullard@dreds.biz> Date: Tuesday, April 26, 2016 12:43PM Subject: RE: 2304 Knapp street TL, Thanks for your response. We talked about your request and position from your email, however, staff still makes the determination from code that the Intensity of a nonconforming use cannot be increased, which is the addition of units or bedrooms to the site. What are you showing in your floor plans is an increase in bedrooms which is an Increase in the intensity of the existing nonconforming use. You could remodel the existing units to address layout concerns of the units, but as I noted in our previous response you cannot not exceed the existing 4 units on the site and the existing number of bedrooms which Is 4. This is how staff would address your request. If you would like to appeal staff Interpretation of the code, you can request an appeal through the Zoning Board of Adjustment (ZBA). One other item to be think about regarding increased number of bedroom, if ZBA deemed possible under the code, would be how'you are going to accommodate the increased required parking for the larger units. Under the zoning code, one bedroom units require 1.5 parking spaces and units of 2 or more bedrooms will required one parking space per bedroom. The current property may be nonconforming for parking, however, increasing the bedrooms, if it can be approved, would require you to also provide new parking spaces for the new bedrooms. Feel free to contact me with any additional questions. Thanks, Karen CITY OF r_. P m e s Karen Marren Planner• 515.239.5400-main 1 515.239,5447 direct 1515.239.5404 fax kmarren@city.ames.ia.us I City Hall,515 Clark Avenue I Ames, IA 50010 www.CltvofAmes.ore I "'Caring People^ Quality Programs-Exceptional Service -----"TL Bullard" <tlbullardCcbd reds.biz> wrote: ----- To: "'Karen Marren"' <kmarren@city.amesJ us> 6/14/2016 7 https://mail.notes.na.collabserv.com/data3/21517775/22471225.nsf/(... From: 71-Bullard" <tlbullard@dreds.biz> Date: 04/20/2016 10:26A M Cc: "'Adam Ostert- <aostert@citv.ames.ia.us> Subject: RE: 2304 Knapp street Karen, Thank you for the email. Please see our position below and let me know what the next step is to move forward or to whom we should address our comments if you are not the correct person. Again, thank you for your help. The remodel involves moving interior walls at 2304 Knapp Street, within the existing structure. There is no enlargement, expansion, or extension of the structure. The structure will remain exactly the same size. We presented this information and the remodel plans to a zoning attorney in Ames, who agreed that the remodel plans are allowed. Specifically, he said we should bring Section 29.307(2)(a)(ii) of the Municipal code to your attention. Section 29.307(2)(a)(ii) states as follows: "(ii) Exterior or Interior Remodeling or Improvements to Structure. Exterior or 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." Because the remodel plans do not propose any enlargement, expansion, or extension of the structure, and the structure will remain exactly the same size after the remodel, the section quoted above requires that the proposed remodel plans be permitted. Moreover, not only will the structure remain exactly the same size after the remodel, but also, the number of unrelated tenants allowed to occupy the structure will remain exactly the same after the remodel.. The RL zoning district allows 3 unrelated tenants per dwelling unit, which means that right now, 3 unrelated people can occupy each of the 4 dwelling units, for a maximum of 12 unrelated tenants allowed in the structure today. After the interior remodeling, the property will remain 4 dwelling units (no change in the number of dwelling units), which means each dwelling unit will still be allowed to have 3 or fewer unrelated tenants, for a maximum of 12 unrelated tenants in the structure after the remodel. In other words, the number of unrelated tenants allowed to occupy the structure and each dwelling unit both before and after the remodel is exactly the same. t 2 of 5 6/14/2016 3:08 PM 8 https://mail.notes.na.col labserv.com/data3/2 1 5 1 7 77 5/2247 1 22 5.nsf/(. Based on the requirement of Municipal code Section 29.307(2)(a)(11) that the city permit remodels that do not enlarge, expand or extend a nonconforming structure, we request that you approve the remodel plans as submitted. TL From: Karen Marren[mailto:kmarren@city.ames.la,us] Sent:Tuesday,April 19,2016 3:38 PM To:TL Bullard Cc:Adam Ostert Subject: RE: 2304 Knapp street TL, Staff met yesterday to review your proposed remodel for the property at 2304 Knapp. As I had noted to you on the phone, you would not be able to increase the number of units or bedrooms for the property as it is a nonconforming use under the zoning code. Based on current layout of the building you have 4 one bedroom units, therefore you are limited to not more than four units and four total bedrooms for the property. Regarding the noted layout for the den as we discussed, based on the proposed layout, staff would have to consider the den, as identified on the plan, as a potential bedroom.This means there is a proposed Increased number of bedrooms on both the first and second floors as per your plans. Studio units are considered as having one bedroom. The permit for the remodel cannot be issued until the remodel reduces the number of bedrooms for the property to not exceed the allowed four units and four total bedrooms for the site. Let me know if you have any questions. Karen CITY CIF P m e s Karen Marren 3 of 5 6/14/2016 3:08 PM 9