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HomeMy WebLinkAbout~Master - Amendment to Special Use Permit granted for the reconstruction of a damaged nonconforming structure at 301 S. 4th StreetCITY OF AMES, IOWA IN THE MATTER OF THE APPLICATION OF A&D PARTNERSHIP FOR AN AMENDMENT TO A SPECIAL USE PERMIT, § 29.1503, AMES MUNICIPAL CODE, TO OPERATE AN APARTMENT BUILDING ON THE PROPERTY LOCATED AT 301 S. 4' STREET. FACTS CASE NO. 17-02 ----------------- I APR 1 2 2011 D ITY CLERK CITY Or AMEN A GEOCODE NO. 09-11-175-070 DECISION & ORDER On October 12, 2016, the property owner (applicant) was granted a Special Use Permit (SUP) to rebuild a damaged nonconforming structure on the property located at 301 S. 4th Street. The approved SUP application was specifically in relation to the reconstruction of the apartment building for non -conformities related to the structure itself, which included the rear yard setback, side yard setback, location of parking in front yard, and total parking spaces. In the event the Special Use Permit was denied, the property owner would have been required to redevelop the site in conformance with all of the current development and building standards of the City. To grant the SUP, the Zoning Board of Adjustment made a finding that the building restoration would be made to the fullest extent possible in conformance with the applicable zoning standards, given the three nonconforming site features related to the structure itself. The other non -conforming conditions related to parking were categorized as "other non -conformities" within the Zoning Ordinance and were deemed not practicable to be removed or reduced in their degree of non -conformity with the reconstruction of the apartment buildings. The former structure, originally constructed in 1984, was a three-story, 33-unit apartment building, and was destroyed by fire on June 6, 2016. The Special Use Permit allowed the property owner to rebuild the apartment building on the foundation of the former building, which was salvaged during demolition of the above -ground portion of the building. An expansion of the original building, which included a 30 foot by 22 foot (660 square foot addition to the building footprint), on the southwest corner of the existing foundation, was also permitted as part of the reconstruction. The mix of two-, three- and four -bedroom units in the new apartment building changed from what existed in the former building. There is a reduction in the total number of dwelling units from 33 units in the original structure to 24 units in the new building. The total number of bedrooms was reduced from 69 to 67 bedrooms, and the corresponding number of parking spaces also decreased from 65 to 59 spaces with the approved reconstruction. Both buildings are three-story, with a basement level exposed on the south side of the building. However, the new apartment building was approved with a flat roof; whereas, the former building had a 4/12 pitched roof. Project Description: The request by the property owner (applicant) is for approval of an Amendment to the Special Use Permit to allow expansion of the nonconforming structure, located at 301 S. 4th Street (see Attachment A: Location & Zoning Map). The expansion would include two apartments, with a total of seven additional bedrooms in the basement level of the apartment building. The basement area, proposed for the two new apartments, was previously used for eight parking spaces under the original 1984 building. The eight spaces were changed to storage area in the reconstruction plan and were not included as part of the approval that included 59 parking spaces. To provide parking spaces for the seven additional bedrooms, the applicant has a contract to purchase the lot at 305 S. 4th Street, which abuts the west property line of the subject property at 301 S. 4th Street. The property at 305 S. 4th Street is presently occupied by the single-family detached dwelling. The applicant proposes to maintain the dwelling, and divide the property, through approval of a Plat of Survey. The division would include a parcel with the dwelling that includes approximately 8,729 square feet, and a parcel to be used for seven new paved parking spaces that includes approximately 3,637 square feet. The 'new parcel with the parking spaces would be consolidated with the parcel at 301 S. 4th Street to provide parking spaces at 301 S. 4th Street, for the seven additional bedrooms in the reconstructed apartment building. The parcel for the single-family detached dwelling would meet the minimum required rear yard setback. The nonconforming site feature which directly impacts the proposal by the applicant to add seven more bedrooms to the apartment building is the number of parking spaces for the apartment building site. The Zoning Board of Adjustment must make a finding that the building restoration would be made to the fullest extent possible in conformance with the applicable zoning standards for parking. There are a total of 59 parking spaces on site for the 67 bedrooms in the reconstructed apartment building, as granted by the SUP approved in October, 2016. This is a deficiency of eight parking spaces from the minimum number of 67 parking spaces required by current zoning standards, which is one parking space for each bedroom. The applicant now proposes to add seven additional bedrooms, and provide a parking space for each of the additional seven bedrooms. This amendment to the SUP would change the total number of bedrooms from 67 to 74, and the total number of parking spaces from 59 to 66. The number of parking spaces provided for the additional bedrooms meets the current zoning standards of one parking space per bedroom. However, the total number of parking spaces on site would continue to be deficient by eight parking spaces, in comparison to the minimum number of parking spaces required for a new apartment building, by current zoning standards. The addition of seven parking spaces for the seven proposed bedrooms would leave the parking deficiency the same, in terms of absolute numbers, as approved by the SUP in 2016, but does not reduce the degree of non -conformity. DECISION The Board considers the facts as detailed above, and the relevant standards in Ames Municipal Code section 29.307(3)(c)(ii) and 29.1503(4)(a)(b) and (e), and finds that the application meets these standards and that the requested amendment to the Special Use Permit (previously granted on October 12, 2016) with a Modified Site Development Plan shall be granted, with the condition that a Plat of Survey be approved by the documents be received by the City Clerk's Office Development Plan and issuance of a building permit. ORDER City Council and copies of the recorded prior to final approval of the Minor Site WHEREFORE, IT IS ORDERED that the applicant is GRANTED sections 29.307(3)(c)(ii) and 29.1503 of the Ames Municipal Code, an Amendment to the Special Use Permit for Reconstruction of a Damaged Nonconforming Structure for the property located at 301 S. 4th Street, subject to the following conditions: That a Plat of Survey be approved by the City Council, and copies of the recorded documents be received by the City Clerk's Office, prior to final approval of the Minor Site Development Plan and issuance of a building permit. Done this 81h day of March, 2017. ��� li 6tr-,16-a Heidi Petersen Secretary to the Board Matthew Koehler Acting Chair