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HomeMy WebLinkAbout~Master - Variance to allow an additional 3' beyond the maximum allowed lineal garage door width of 27' at 1602 Ada Hayden Road H L CITY OF AMES, IOWA OCT 2 5 2017 ZONING BOARD OF ADJUSTMENT CITY CLERK CITY OF AMES IOWA IN THE MATTER OF THE APPLICATION OF DANNY & SHANA WILSON FOR A CASE NO. 17-14 VARIANCE, SECTION 29.1504 OF THE AMES MUNICIPAL CODE, TO ALLOW AN GEOCODE NO. 05-22-135-050 ADDITIONAL 3 FEET BEYOND THE MAXIMUM ALLOWED LINEAL GARAGE DECISION & ORDER DOOR WIDTH ON THE PROPERTY LOCATED AT 1602 ADA HAYDEN ROAD FACTS The applicants request a variance from the requirement in Ames Municipal Code section 29.408(7)(a)(iii) that limits the cumulative garage door width to 27 feet for a single-family dwelling. Applicants seek the variance from the zoning code to allow construction of a structure with three garage doors, each 10 feet in width, upon property located at 1602 Ada Hayden Road. The property at 1602 Ada Hayden Road has a residential zoning designation of FS-RL (Suburban Residential Low Density Floating Zone). The applicant's requested variance would result in a total of 30 linear feet of cumulative garage door width, which exceeds the applicable standard by three feet. The City adopted this standard in 2010 to clarify that there was no limit on the amount of parking spaces within a garage, only a limit on the size and amount of garage doors. The City has standards in place for the parking of vehicles which requires parking areas to accommodate 9 feet of width for parking spaces. The 9 foot width standard is intended to accommodate the actual width of a vehicle and also allow for space for passengers to enter and exit the vehicle. The 9 foot standard is applied to all striped parking stalls for commercial and residential uses. When reviewing garages, the garage is required to demonstrate a minimum of 9 feet of clear space for the required parking spaces. Single-family homes are required to provide a minimum of two parking spaces, which may be either uncovered or covered within a garage. City Staff indicated that the Zoning Board of Adjustment denied a Variance request concerning garage door standards in 2016 on a similar fact pattern, and that the City Councils subsequently chose to not initiate a text amendment to modify the garage standards in response to the denied Variance. City Planner Justin Moore reviewed the site plan, project description, applicable law and the City Staff findings of fact and conclusions. Under the standards required by Ames Municipal Code section 29.1504(4), Staff found that the requested variance did not'meet all the required criteria. The unmet criteria as analyzed by the Staff were the unnecessary hardship requirement under 29.1504(4)(b), the observance of the spirit of the ordinance under section 29.1504(4)(c), and the substantial justice requirement under section 29.1504(4)(d). Staff reviewed the unnecessary hardship requirement in the context of the applicant's request and determined that the Applicant was unable to provide any evidence that the land could not yield a reasonable return if used only for the purpose allowed in the applicable zone. Staff found that the property could be used for a single family residence with garages that do not exceed the 27 foot limitation. The personal circumstances of the Applicant, who owns a commercial car dealership, were irrelevant to the determination as to the reasonable return on his residential property at 1602 Ada Hayden Road. Staff also determined that there were no unique circumstances in comparison to other surrounding property owners, who were able to construct residences that met the standard. Additionally, staff determined that the spirit of the ordinance would not be observed by granting the ordinance for the primary reason that various sizes of garage doors could potentially be constructed within the allowable width limitations and that additional configurations, such as tandem parking or additional space within the garage for vehicle maneuvering. The Staff also found no evidence that there was a disparity in fairness for this single family home versus other single family homes; therefore, substantial justice would not be done in granting the ordinance. Planner Justin Moore stated that based upon the Findings of Fact and Conclusions as set forth above, it was the recommendation of the Planning and Housing Department that the Zoning Board of Adjustment deny the request for a Variance to allow an additional 3 feet beyond the maximum allowed lineal garage door width of 27' on the property located at 1602 Ada Hayden Road. The Board also heard oral evidence and testimony from Applicant Danny Wilson. The applicant stated that his ownership of an auto dealership requires him to have wider garage doors on his residential property to accommodate larger vehicles. Mr. Wilson testified that he believed there was a lot of subjective language in the ordinance, and that he could show hardship with the various vehicles he uses. Mr. Wilson distributed a fact sheet and photographs for a Toyota Tundra vehicle, which was accepted by the Board into evidence. Mr. Wilson indicated that the extended mirrors on a Toyota Tundra resulted in a clearance of about 4 inches is available on each side of the vehicle to enter a garage that was limited to nine feet in width. Mr. Wilson said that parking a truck next to another truck is difficult. He also stated that he has had legal counsel from two other states review the issue and both believed that the language of the ordinance needs adjustment. Mr. Wilson further testified that auto dealers enjoy exemptions from other areas of Iowa law, including license plate requirements for vehicles, and that these exemptions were not unlike a request for relief from the zoning standards. The Board considered the testimony, staff report and exhibits attached to the report (Attachments A, B, and drawings), exhibit provided by the Applicant, and email correspondence in support of the Application from Kurt Friedrich. Notice was provided to the public and no additional comments were reported to the Board at the time of hearing. DECISION The Board considered the facts as detailed above, and the relevant standards in Ames Municipal Code Section 29.1504, and determined that the application did not meet these standards. ORDER WHEREFORE, IT IS ORDERED that the applicant is DENIED, under Section 29.1504 of the Ames Municipal Code, a Variance to allow an additional 3 feet beyond the maximum allowed lineal garage door width prescribed by Ames Municipal Code section 29.408(7)(a)(iii), for the property located at 1602 Ada Hayden Road. 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 23`d day of August, 2017. Heidi Petersen Seel y e Secretary to the Board Chair