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HomeMy WebLinkAbout~Master - Appeal from a decision of the Zoning Enforcement OfficerCITY OF AMES, IOWA HH 1) '`g MIA ZONING BOARD OF INTHE MATTER OF AN APPEAL 13Y AMES 2304 LLC OF A DECISION OF A ZONING ENFORCEMENT OFFICER, § 29.1508(l) AMES M(,JNI(.,'IPAL CODE, REGARDING NON -CONFORMING USES, § 29.307(2), FOR THE PROPERTY LOCATED AT 2304 KNAPP STREET. FACTS ADJUSTMENT CITY CLERK -CITY -OF XVFS1_T0WA CASE NO. 16-04 GEOCODE NO. 09-09-250-090 DECISION & ORDER David Duncan, member/manager of "Agnes 2304 l,l,C,,­ which owns the property at 2304 Knapp Street, appeals from a decision of a zoning enforcement official. "Ames 2304 LLC" was represented at the hearing by attorney Seth Dodge. City Planner Karen Marren represented the City Planning & Housing Department. Several residents of the neighborhood appeared and provided testimony in favor of the Zoning F'Inforcement Officer's decision. 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 t'arnily home was converted to a four unit apartment building in 1928, as determined from a building permit record, to allow for four one-bedroorn apartment units. The earliest Letter of Compliance (LOC) on file with the city for the property as a rcgjistercd rental property is from 1999. The property has field LOC ' s 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. Linder 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 ofthe 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. As 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). 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. 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. Il'the Z13A decides, based on information submitted, to approve the requested appeal the review for compliance with parking standards will be completed as part ot'the building permit review for the remodel. The applicant has requested an appeal ol'the stall' 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. Staffnotes 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 lor the property, but does allow t"or 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. 13ASIS OF DECISION OF ZONING ENFORCEMENT OFFICIAL The general policy of'the City as noted in the purpose statement of Section 29.307 regarding all nonconformitics is to allow uses, structures, and lots that were existing prior to the current code regulations to exist legally and in corif'ormance 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 ol'existing building, and place reasonable limits on the expansion ol'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 inn-nediate 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. In the reading of section 29.307(2) regarding noncoriforniing uses specifically, the ordinance notes that any use or structure or lot that was conforming or validly nonconforming and otherwise lawful at the cnactrnent 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). a). Section 29.307(2)(a)(ii) of' the code identities 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 1'(.)r the existing nonconforming units to be maintained. I lowevcr, 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. [lased on section 29.406(2), once an apartment unit is revised from a I 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 nonconforming 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 16r 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 APPELLAN'rS APPEAL OF DECISION: The applicant notes 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 asserts that the remodeling must be permitted because Section 29.307(2)(a)(ii) states that remodeling cannot enlarge, expand or extend the structure, but does not prohibit increases in intensity, as that prohibition is contained only in the Section 29.307(2)(a)(i), regarding enlarging, expanding or extending of the structure. The applicant goes on to state that even if the Z13A found the intensity limitation of the 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. DECISION The Board considers the appeal of the decision of the Zoning Fnforcement Officer, and considers the testimony and other evidence presented, and the requirements of the Ames Municipal Code Sections 29.1508(l ) and 29.307(2). The Board determines that the reference in Section 29.307(2)(a)(ii) to the preceding paragraph, 29.307(2)(a)(i), was intended to incorporate subsection (i)'s prohibition on increases in intensity in structures that are a non -conforming use regarding remodeling of the structure. Therefore, the ordinance does not allow increases in intensity Im- non-confortning structures undergoing internal remodeling. This is in line with the general purpose of the "Nonconformities" section of the ordinance, expressed in Section 29,307(1). The decision of the Zoning Fli-iforcement Officer is affirmed. ORDER WHEREFORE, IT IS ORDERED, per Section 29.1508(l) of the Ames Municipal Code, that the decision of the Zoning 1-,'ntorccment Officer is AFFIRMED regarding the property at 2304 Knapp Street. 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 day of 22 nd day ot'June, 2016. Zarin Cain Secretary to the Board Shelby 11" el hair