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HomeMy WebLinkAbout~Master - Variance to allow a reduced side yard setback for a carport at 1430 Summit Avenue H L IE CITY OF AMES, IOWA OCT 2 5 2017 ZONING BOARD OF ADJUSTME CITY CLERK IN THE MATTER OF THE APPLICATION OF ABDUL SARWARY, FOR A CASE NO. 17-15 VARIANCE, SECTION 29.1504 OF THE AMES MUNICIPAL CODE, TO ALLOW A GEOCODE NO. 05-34-451-170 REDUCED SIDE YARD SETBACK ON THE PROPERTY LOCATED AT 1430 DECISION & ORDER SUMMIT AVENUE FACTS The applicant, Abdul Sarwary, requests a Variance to the minimum side yard setback requirement in the "RL" (Residential Low Density) zone to allow for the construction of a detached carport in the side yard, between the house and north property line. Applicant's property is located at 1430 Summit Avenue. Mr. Sarwary began construction of the carport without the issuance of a building permit. He placed six 4"x4" posts in the ground for support of the carport. Three posts were within approximately 1.5' of the north property line. The carport structure itself is approximately 10.0' to 10.5' wide, and the concrete paving under the carport is approximately 9.0' wide by 19.0' long. Mr. Sarwary eventually made application for a building permit and was instructed by the City of Ames Inspections Office to cease any further work until either the carport complied with the minimum required building setbacks or a variance was granted by the Zoning Board of Adjustment. The home is a one story single-family detached dwelling, which requires a minimum side yard setback of 6 feet. The same minimum setback applies to an accessory structure, such as a detached carport constructed in the side yard. The City requires two parking spaces for single- family homes. There is no requirement for the necessary parking space to be covered. The site was previously nonconforming with no paved parking surfaces but recent paving makes the site conforming for parking standards. To accommodate the proposed carport, Mr. Sarwary requested a Variance to allow a reduction of 4.5' (from 6' to 1.5') to the side yard setback requirement enumerated in Municipal Code section 29.701(3). The site plan, project description, applicable law and staff report were reviewed in detail by City Planner Ray Anderson. According to City staff, the request failed to satisfy any of the criteria justifying a variance as set forth in Code Section 29.1504(4). The property owner would not be able to demonstrate that he would be deprived of all beneficial use of the land without a variance being granted. The owner would still realize a reasonable economic return without the variance since he would still be able to enjoy full use and occupancy of the existing house and provide for off-street parking. 2 Staff indicated that there are no unique circumstances regarding the property that would set apart this property from others in the neighborhood. The lot size is smaller than what is required by current standards; however, that is the case for 74 percent of the lots in this area of the community. Additionally, the lot does not meet minimum lot width requirements even though the total area is less than standard. There are no other detached carports in this neighborhood, and only two lots out of 54 total lots have an attached carport. Almost 41 percent of the lots do not have a garage, and of the lots that do have a garage or a carport (31 out of 54), 22 of those are located in the rear yard and only two in the side yard. A variance to allow the carport to extend to within approximately 1.5' of the side lot line would establish a new location for a carport in the neighborhood, and a side yard location that only two garages out of 29 total garages in the neighborhood occupy. The open design of a carport limits the visual impact of the encroachment to some degree, but construction of a detached carport within 1.5' of the property line will alter the character of the neighborhood. Granting of a Variance for the proposed carport does not provide substantial justice in use of the property as there is not hardship of providing for off-street parking in manner that complies with the zoning ordinance. Based upon the Findings of Fact and Conclusions, the Planning and Housing Department recommended that the Zoning Board of Adjustment deny the requested variance. Mohammad Mohmand testified on behalf of Mr. Sarwary. Mr. Sarwary wanted to protect his vehicle from the weather, so he decided on the addition of a carport. Mr. Sarwary was not aware that he had to contact the City to build one. Mr. Mohmand said that if the carport is to be moved so that it is 6' from the property line, it would be too close to the wall of the home, and moving it elsewhere would cause financial hardship. Mr. Mohmand stated that the neighbor sharing the affected property line has no concerns with the carport and verified that the recent paving on the property had been installed for two years. DECISION The Board considered the facts as detailed above, the evidence presented at the hearing and supplemental reports, and the relevant standards in Ames Municipal Code Section 29.1504. The Board finds that the application does not meet these standards and orders that the requested Variance to allow a reduction of the minimum required side yard setback from 6' to approximately 1.5' for the construction of a carport is denied, based upon the findings of fact as shown in the staff report. ORDER WHEREFORE, IT IS ORDERED that the applicant is DENIED, pursuant to Ames Municipal Code Section 29.1504 of the Ames Municipal Code, a variance to allow a reduction of the minimum required side yard setback from 6' to approximately 1.5' for the construction of a carport at 1430 Summit Avenue. Any person desiring to appeal this decision to a court of record may do so within 30 days after the filing of this decision. 3 Done this 23`d day of August, 2017. LA, Heidi Petersen i lby b 1 Secretary to the Board Chair