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HomeMy WebLinkAbout~Master - Special Use Permit for Enlargement of a Nonconforming Use at 827 Northwestern AvenueCITY OF AMES, IOWA ZONING BOARD OF ADJUSTMENT IN THE MATTER OF THE APPLICATION OF CHRIS NELSON FOR A SPECIAL USE PERMIT, § 29.1503 AND § 29.307 AMES MUNICIPAL CODE, FOR AN ENLARGEMENT OF A NONCONFORMING USE IN A RESIDENTIAL ZONE FACTS EJUL2017 CITY CLERK CITY OF AM CASE NO. 1'749_1, GEOCODE NO. 09-03-425-020 Applicant, Chris Nelson, is requesting a Special Use Permit to allow `Enlargement of a Nonconforming Use in a Residential Zone" on the property located at 827 Northwestern Avenue. The subject site is a nonconforming lot with a nonconforming structure with a single residential unit and a nonconforming commercial use. The building has been vacant for approximately two years. A Special Use Permit is required since it is enlarging the amount of floor area that may be occupied by a commercial use, and the commercial use is a nonconforming use in the Urban Core Residential Medium Density (UCRM) zone. Granting of the request, through approval of the Special Use Permit, would allow enlargement of the commercial space in the building at 827 Northwestern Avenue by converting 195 square feet of existing floor area that is residential to a nonconforming commercial use. A new commercial use may occupy the building, provided it falls within the zoning use category of retail sales and services. Use of the building, divided as it is, between a permitted single-family residential use and a nonconforming commercial use would be allowed to continue without a Special Use Permit. The building is a single -story structure with a basement. The ground level includes 1,050 square feet of total floor area, with 195 square feet used as residential and 855 square feet occupied by a commercial use. The basement includes approximately 638 square feet used exclusively as storage for the commercial business. The applicant plans to lease the building to a commercial tenant in the use category of retail sales and service, which is the same use category as the previous commercial businesses that occupied the building. The building was originally constructed in 1915, and occupied by Northwestern Grocery until 1963. Kelley's TV was the next occupant of the building, and operated a television repair shop until 2015. The owner of Kelley's TV lived in a small area of the southwest corner of the building for an undetermined number of years. Once Kelley's TV repair business was no longer active in 2015, and the residential portion of the building was also vacant, utility services were disconnected. The building sat vacant for 12- 14 months prior to purchase by the current owner. During that time period, the building fell into disrepair, as numerous holes formed in the roof of the structure. Angstrom Land Company LLC, Chris Nelson, purchased the property in December 2016, and began the work of stabilizing the building. The property had been neglected for several years prior to purchase by the current property owner. A new roof was installed in January 2017, and structural repairs were completed in February, March, and April 2017. Clean up of the property has been another high priority as non-functioning vehicles, and other items were removed by the new property owner. Zoning history of the subject property, dating back to 1956, shows the property as commercial, which was later rezoned to multiple -family, then to low -density residential, and is presently zoned to allow a mix of single-family and multiple -family uses. There are no parking spaces on the site, and no evidence has been provided of parking spaces on the property since it was first developed in 1915.Off-street parking would be required by current standards, if the building were being constructed today. Therefore, since there is no parking on the site, the site is nonconforming in terms of off-street parking requirements. Given the building size and configuration on the lot, relative to the lot dimensions, there is not adequate space to provide parking for even one vehicle. Vehicles have parked on the site north of the building; however, this area of the site does not have a paved surface, and the minimum required dimensions for parking spaces and drive aisles could not be met if the surface was to be paved with concrete or asphalt. Parking for multiple vehicles off-street would require encroachment of the vehicles onto the adjacent railroad right-of-way. On -street parking is available on one side of streets in the general vicinity including the west side of Northwestern Avenue and the south side of Ninth Street. Compliance with zoning standards for the number and dimensions of parking spaces and drive aisles is not possible given the size of the land area available on the site for parking. The current minimum required parking for the 1,493 square feet of commercial business, in the category of retail sales and services, is five spaces, based upon a parking standard of one space for every 300 square feet of gross floor area. The minimum parking required for the small living area is two spaces. The total minimum number of parking spaces required by current zoning standards for the television repair shop and the residence is seven spaces. Conversion of the 195 square -foot living area to a commercial use in the retail sales and services category would require one parking space, based upon a parking standard of one space for every 300 square feet of gross floor area. In accordance with current parking standards, the total number of parking spaces required for use of the entire building as retail sales and services is six spaces, which is a reduction of one required parking space from the mixed use of residence and commercial. Additional off-street parking is required if the new commercial use generates the need for an increase of 10 percent, or more, in the number of required parking spaces. Since the applicant's proposal actually reduces the number of parking spaces required for the use, no additional off-street parking is required by the proposed enlargement of the nonconforming use. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Ray Anderson. It was said that the specific tenant of the building is unknown, but the range of uses permitted within the retail sales and services category are not high volume activity uses when considering the unique location and scale of the this site. Restaurants, bars, entertainment uses, etc., that may have a high volume of customers throughout the day and at peak times are not permitted by this request. Presence of parking and sidewalks adjacent to the site do support the use of the site with small- scale commercial uses even though no on -site parking exists. Parking enforcement may be necessary to ensure future compliance with parking requirements. Mr. Anderson informed the Board that a letter/petition has been received expressing concern about a commercial use on the property, and suggestion of conditions if the use is approved to mitigate its effects on the neighborhood. Mr. Anderson stated that based upon the Findings of Fact and Conclusions, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment approve the request for a Special Use Permit to allow enlargement of a nonconforming commercial use in a residential zone, at 827 Northwestern Avenue, with the following conditions: All commercial use must be operated in a manner that is compatible with the surroundings and not create a nuisance to the surroundings, open hours for business shall be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Saturday, with no evening or Sunday hours open for business, and off-street parking on the site that does not meet the minimum zoning standards for dimensions and surfacing shall not be permitted. The area of the site previously used for parking on -site shall be maintained as a landscaped area covered with vegetative ground cover. Applicant Chris Nelson testified under oath and supplied a modified list of potential uses and explained his interest in the building. He purchased the building in December, and since then, major structural repairs have been done. Mr. Nelson explained his intent is to create an asset to the neighborhood, and he is not considering the use to involve the sale of alcohol, tobacco, firearms, auto supplies, or anything that would bring a lot of traffic to the area. Mr. Nelson mentioned that the apartment had fallen into great disrepair, with a non -compliant bathroom and an inadequate kitchen. He stated that using the apartment as residential is problematic. He expressed his concern about the hours of operation that had been suggested from staff, and instead proposed the hours of 8:00 a.m. to 8:00 p.m., Monday through Friday. He understands there might be concerns with that suggestion, and mentioned that depending on the determined use, they may have to request an amendment to the hours in the future. Mr. Nelson explained that the reason he was applying for the Special Use Permit at this time has to do with the building permit. He would like to finish insulation and dry -wall, but cannot do so in the residential portion of the structure due to the fact that he cannot submit a code -compliant residential plan. Ms. Ebel asked if The Roosevelt has ever considered becoming a gated community. Mr. Woolley stated that signs were posted as notice of the private parking lot. Since parking is still a concern, they are considering what the cost would be to gate the community, especially the parking lot. He said it would keep non-residents out; however, it would create a challenge for deliveries. Several neighbors spoke and expressed concerns about the hours of operation proposed, and parking, including the potential for customers of the business to park at The Roosevelt. Mr. Anderson stated that the required parking spaces would have to be on the property, if this were newly constructed. Since it is currently a legal non -conforming use, they are not required to have any on -site parking. Employees could use on -street parking since it is available to the public. Mr. Nelson responded to the parking concern. He said he has no issue to aggressively communicate about not parking at The Roosevelt. He clarified that even though it is a requirement to have six parking spaces, there might not be a need for six. He mentioned there will most likely not be six cars present at a time with the potential uses he is considering. He restated his opinion on the hours of operation. Mr. Nelson does not want to see hours permanently attached to something that has not been decided on yet. He would like to wait on that condition, and will take into consideration the input from surrounding neighbors. Mr. Anderson stated that the modification process to amend the hours of operation included in the conditions of the Special Use Permit would be to file for an amendment and meet with the Zoning Board again. Mr. Nelson stated he understood, and mentioned if the case had to be discussed with the Board in the future to amend the hours of operation, it would take another six weeks to process. The case would have to be published and reviewed again which might cause an issue for the tenant. DECISION The Board considers the facts as detailed above, and the relevant standards in Ames Municipal Code Section 29.1503 and 29.307, _and finds that the application meets these standards and that the requested Special Use Permit shall be granted with the following conditions: All commercial use must be operated in a manner that is compatible with the surroundings and not create a nuisance to the surroundings, open hours for business shall be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Saturday, with no evening or Sunday hours open for business, and off-street parking on the site that does not meet the minimum zoning standards for dimensions and surfacing shall not be permitted. The area of the site previously used for parking on -site shall be maintained as a landscaped area covered with vegetative ground cover, and the applicant cannot use the location for certain types of businesses that are otherwise allowed in Ames Municipal Code Table 29.501(4)-3, i.e., Automobile supplies, newspaper distribution, office machines, package liquor, pets, pharmaceuticals, tobacco products, video, blueprinting/photocopying services, branch banks, dance, dry cleaning collection/distribution, emergency medical care, employment agencies, kennels, laundromats, martial arts instruction, office equipment rental, photo drop off, recycling drop off, veterinarian services, and animal grooming. WHEREFORE, IT IS ORDERED that the applicant is GRANTED section 29.1503 of the Ames Municipal Code, a Special Use Permit for an enlargement of a non -conforming use for the property located at 827 Northwestern, subject to the following conditions: All commercial use must be operated in a manner that is compatible with the surroundings and not create a nuisance to the surroundings, open hours for business shall be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Saturday, with no evening or Sunday hours open for business, and off-street parking on the site that does not meet the minimum zoning standards for dimensions and surfacing shall not be permitted. The area of the site previously used for parking on -site shall be maintained as 'a landscaped area covered with vegetative ground cover; and the applicant cannot use the location for certain types of businesses that are otherwise allowed in Ames Municipal Code Table 29.501(4)-3, i.e., Automobile supplies, newspaper distribution, office machines, package liquor, pets, pharmaceuticals, tobacco products, video, blueprinting/photocopying services, branch banks, dance, drying cleaning collection/distribution, emergency medical care, employment agencies, kennels, laundromats, martial arts instruction, office equipment rental, photo drop off, recycling drop off, veterinarian services, and animal grooming. 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 281" day of June, 2017. fip - Heidi Petersen Secretary to the Board