HomeMy WebLinkAboutA4 ITEM #: 3
DATE: 05-09-18
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: April 27, 2018
CASE FILE NO.: EXCEPT-000442
REQUEST: Exception for a Minor Area Modification to allow a reduced setback for the
reconstruction of a historically accurate front porch for the property located
at 320 gch Street.
PROPERTY OWNER: Jim Wilcox
CONTACT: Jim Wilcox
LOCATION: 320 91h Street
ZONING: "RM" (Residential Medium-Density Zone); "O-SFC" (Single Family
Conservation Overlay District); and "O-H" (Historic Preservation Overlay District)
BACKGROUND: The property at 320 9th Street is located in the Old Town Local
Historic District. See Attachment A- Location Map. page 7. The property is occupied by
a historic one-story single-family house and detached garage.
The subject property is located within the "RM" (Residential Medium-Density) zoning
district. Required setbacks of this district allow for only an eight-foot projection into the
required 25-foot front yard and would effectively prohibit the addition of a front porch
due to the historic setback of the home at only 16-feet (from the sidewalk). However, the
Zoning Ordinance allows an exception for reconstruction of historically accurate
structures as a Minor Area Modification.
A Minor Area Modification is permitted according to Section 29.1506, to allow the
reduction of front, rear. and side yard setbacks without limit for reconstruction of
historically accurate structures. The Zoning Board of Adjustment is authorized to grant
the exception based upon the review criteria identified in Section 29.1506(5)(c).
PROJECT DESCRIPTION: The applicant wishes to reestablish a historically accurate
porch along the front of his home. The house is a modest historic one-story. frame
single-family dwelling with a cube form and rear wing. It is covered with a steeply
pitched hipped roof with an off-center gabled front dormer. It is considered a very
unusual roof form when the property has been evaluated for historical significance. It is
dated as being constructed between 1905 and 1910. See Attachment F- Existing
Photos. page 13.
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Historically, the house appeared to include a full width front porch, as recorded on
historic Sanborn Fire Insurance Maps from 1911 . See Attachment C- Historic Sanborn
Fire Insurance Maps, page 10. The actual design of the original porch is unknown as
the original porch is completely missing. The porch was removed sometime after 1926.
What remains are concrete steps and a front entry landing. The applicant is proposing a
new 7-foot x 38-foot front porch across the front of the home.
On April 9. 2018, the Historic Preservation Commission granted the property owner a
Certificate of Appropriateness for new construction of a front porch as consistent with
the Historic District Design Standards and Guidelines, based on the findings presented.
The proposed porch will extend across most of the front fagade and past the west edge
of the home. The approval of the porch design is conditioned upon the property owner
receiving approval of a Minor Area Modification. See Attachment G- Existing &
Proposed Images. page 14.
APPLICABLE LAW:
Chapter 29, Section 1506(5)(c)(v), of the Municipal Code states the following:
(4) Review Criteria. Before an exception can be granted. the Board of Adjustment
shall establish that the following standards have been or shall be satisfied.-
[The Board's action shall be based on stated findings of fact. The conditions imposed
shall be construed as limitations on the power of the Board to act. A mere finding that a
use conforms to those conditions or a recitation of those conditions, unaccompanied by
specific findings of fact, shall not be considered findings of fact for the purpose of
complying with this Ordinance.]
(c) Exceptions for Minor Area Modifications. The Board may grant specific limited
exceptions for Minor Area Modifications authorized under Sec. 29.1506(4)(c) where the
Board finds:
(i) Special circumstances or practical difficulties apply to the property such that
the terms of the ordinance cannot be satisfied.
(ii) The Minor Area Modification will not be detrimental to the public health, safety
or general welfare.
(iii) The Minor Area Modification will not have a substantial negative impact upon
neighboring properties.
(iv) The Minor Area Modification does not exceed the reduction limits established
in the listing of Minor Area Modification in Section 29.1506(4)(c)(i),(ii), or (iii)
whether the limits are reached by a single exception or serial exceptions.
(v) The Minor Area Modification does not authorize a use or activity not otherwise
expressly authorized by the regulations within the zoning district in which the
property is located.
(vi) The Minor Area Modification is in conformity with the intent and purpose of
the zoning ordinance and the general plan of the community.
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(vii) The Minor Area Modification is the minimum necessary to achieve the
desired result.
(viii) The Minor Area Modification does not alter the applicant's obligation to
comply with other applicable laws or regulations.
(d) Recording of Minor Area Modifications. The applicant must record an approval of a
Minor Area Modification in the office of the County Recorder in order to make effective
the approval.
PUBLIC NOTICE:
Notification of the public hearing was made to all owners of property within 200 feet. In
addition, a notice was published in the newspaper and a sign placed in the front yard at
320 9th Street.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description and attached site plan the following findings of fact
and conclusions may be made:
1 . Special Circumstances- The existing house located at 320 9"' Street. was built
during the time period from 1905 to 1910 and is situated 16-feet back from the
sidewalk. The setback for the subject property is typical of the homes facing 9th
Street, particularly in this block.
Historic Sanborn Fire Insurance g a oot Maps indicate 9th Street as having 6 -f p 6 right-of-
way and identified homes with porches very close to the right-of-way especially
within the 300 block (between Burnett and N. Kellogg). The distance is hard to scale,
but porches are estimated as between six and ten feet from the right-of-way from
these maps. See Attachment B. 1926 Sanborn Fire Insurance Map. page 9 and
Attachment C, Historic Sanborn Fire Insurance Maps, page 10.
Ninth Street is unique in that it runs at an angle between Grand and Duff and does
not run parallel to 81h Street and other e-w streets (southward) that were part of the
original town. The angle is particularly pronounced at Grand Avenue. See
Attachment B. 1902 City of Ames Map, page 8.
Typically homes are built with their front faqade parallel to the street; however, this is
not the case along 91h Street. Rather. these homes are built with more of a true e-w
orientation, as if built along 8th Street or one of the other older streets. As a result,
the front yards are not square to the street. See Attachment B. 1926 Sanborn Fire
Insurance Map. page 9. Standards for the overlay district actually require homes to
be built parallel to the street- Section 29.1101(9)(m) [O-SFC] states, "Structures
shall be situated at right angles with the street. Primary facades shall be parallel with
the street to which they front. Buildings shall be oriented perpendicular to the front
facing facade.
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Each of these instances established a pattern of home and porch placement that
occurred over a hundred years ago, resulting in the present day historic character of
the neighborhood. It is for this very reason that the exception for a minor area
modification is needed and allowed.
2. Health Safety- Porches are beneficial to the health, safety and welfare of the street
and neighborhood. Porches are a place from which natural surveillance of the street
and neighborhood can occur, thus helping neighborhoods to be safer places.
Historically, all of the homes in this area had porches. Unfortunately, over the years,
many porches have been removed or converted to interior living space.
Chapter 31. Historic Preservation, refers to porches as "character defining features
of historic structures." For this reason. it requires historic porches to be retained
whenever possible and encourages new porches are to be built consistent with the
architectural style of the home. Porches were and remain an important element
within the Old Town Historic District.
Furthermore, Chapter 31 states, 'When designing and constructing a new entrance
feature or porch, if the historic entrance or porch is completely missing, the new one
may be a restoration based on historical, pictorial. and physical documentation or be
a design that is compatible with the historical character of the building." In keeping
with this. a Certificate of Appropriateness was granted for this property on April 9,
2018. by the Ames' Historic Preservation Commission (HPC), for the reconstruction
of a historically accurate porch. See Attachment G- Existing & Proposed Images,
page 14.
3. Impact on Neighbors- Restoring homes to be more historically accurate enhances
the value of the neighborhood. Section 29.1101(3)(b) states, "Conservation of
architecturally significant structures adds to the distinctiveness of a neighborhood
and encourages a sense of 'place".
Porches also provide a nonthreatening way for neighbors to greet one another and
to get to know each other from a socially acceptable distance. Additionally. the new
porch will not encroach on side yard setbacks and will have no detrimental effect
upon neighboring properties. Other properties in the area also have nonconforming
front setbacks similar to the existing home. The new porch will not have an impact
on the general front yard character of the homes along 8th Street.
4. Does Not Exceed the Reduction Limits- The reduction allowed in Section 29.1506
is "without limit" for the reconstruction of historically accurate structures. The
proposed porch width of 7-feet is in keeping with the historically depicted porch width
illustrated on the historic Sanborn Maps. It will be placed 9-feet from the sidewalk.
The porch requires three or four steps in order to meet the existing grade. The first
step will be just over 7-feet from the sidewalk. See Attachment E- Plan Detail, page
12.
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5. Allowed Use- The proposal is for a front porch for a single- family dwelling. The use
as a single-family home is not changing. Single-family dwellings are the preferred
permitted use in the base zoning (R-M) and the overlay zoning districts (O-SFC and
O-H).
6. In Conformity with Intent and Purpose of the Zoning Ordinance and General
Plan- The R-M Zone requires a 25-foot front setback, and Section 29.1101(9)(r) [O-
SFC] states. In building additions... it is not required that the entire building be
brought into full compliance... It is only required that the addition or remodeling
comply.. " Despite this, the zoning ordinance contemplated the need for porches to
extend into setbacks. Section 29.402(2)(a)(iii) states. "A porch may project into the
required front yard not more than 8-feet... provided that the portion of the porch
extending into required yards is fully open except for support columns and
balustrades." The zoning ordinance also contemplated the need for reduced
setbacks for historically accurate structures in Section 29.1506- and provides these
review criteria for that purpose.
Although there is no depiction available of the original porch design, from the
Sanborn Map outline of the porch location staff believes that the proposed porch fits
the intent of minor area modification allowance for an "historically accurate
structure.`' Additionally, the porch design was determined to be compatible in design
with the home by the Historic Preservation Commission. See Attachment D- Existing
and Proposed Site Plan, page 11.
7. Minimum Necessary- Historically, homes in the Old Town Historic District had
porches. Some porches were built with very generous proportions as family
gathering places. This was not the case for this residence. The historic porch for this
residence as illustrated on Sanborn Maps was likely 7-feet or 8-feet in depth. The
applicant is proposing a 7-foot porch, which is the minimum necessary to achieve a
historically accurate structure. while providing space for a couple of chairs with a
minimum amount of maneuvering space. A porch depth that is significantly less than
7 feet would not be a functional porch and would not be historically accurate. See
Attachment E- Plan Detail. page 12.
ALTERNATIVES:
The Zoning Board of Adjustment may approve. modify or deny the request.
1 . The Zoning Board of Adjustment may approve an Exception for a Minor Area
Modification to allow a reduced setback for the reconstruction of a historically accurate
front porch for the property located at 320 9th Street, by adopting the findings of fact
and conclusions stated herein and with the following conditions applied:
• The applicant must record the approval of this Minor Area Modification in the
office of the County Recorder. in order to make effective the approval;
• The front porch must be built consistent with the attached plans and meet the
definition of a porch as "fully open, except for support columns and balustrades,
and it must never be enclosed by walls. windows. or solid doors"; and
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• The front porch and roof structure must not extend more than 8-feet from the
house.
2. The Zoning Board of Adjustment may approve an Exception for a Minor Area
Modification to allow a reduced setback for the reconstruction of a historically accurate
front porch for the property located at 320 9th Street with different conditions, by
adopting its own findings of fact and conclusion and conditions.
3. The Zoning Board of Adjustment may deny the Minor Area Modification to allow a
reduced setback for the reconstruction of a historically accurate front porch for the
property located at 320 9th Street, if the Board finds and concludes that the proposed
Exception is not consistent with adopted policies and regulations, or that the Exception
will impose impacts that cannot be reasonably mitigated.
4. The Zoning Board of Adjustment may table this request for an Exception for a
Minor Area Modification and request additional information from City staff or the
applicant.
RECOMMENDED ACTION:
Based upon the Findings of Fact and Conclusions above, it is the recommendation of
the Department of Planning and Housing that the Zoning Board of Adjustment act in
accordance with Alternative #1 with conditions, allowing an Exception for a Minor Area
Modification to allow a reduced setback for the reconstruction of a historically accurate
front porch for the property located at 320 9th Street, by adopting the findings of fact
and conclusions stated herein.
S:\PLAN_SHR\Council Boards Commissions2BA\Minor Area Modification\320 9" St EXCEPT 05-09-18.docx
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Attachment A
Location Map
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Attachment B
1902 City of Ames Map
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The original town pattern had a system of parallel streets, Main to 8thStreet, that were
perpendicular to the north-south streets. However, at 9th Street, the pattern changes.
9th Street is not parallel to 8th Street and is not perpendicular to the north-south streets.
The Applicant's house at 320 9th Street is designated in blue with a red circle.
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Attachment B
1926 Sanborn Fire Insurance Map
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The pattern of red lines helps to illustrate that 9th Street is not parallel to 8th Street and it
also is not perpendicular to the north-south streets.
In addition, houses that face 9th Street are not built parallel to the street. Rather, they
are built on the same a-w grid as the homes in the original town section. As a result, the
front yards along 9th Street are not square to the street and setbacks appear to vary,
although they are generally at 16-feet. Porches extend into the 16-feet reducing the
front yard further.
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Attachment C
Historic Sanborn Fire Insurance Maps N
Illustrating Site Specific Historic Porch
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1911 Sanborn Map
Full Width Front Porch
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1920 Sanborn Map
Full Width Front Porch
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Attachment D N
Existing & Proposed Site Plan
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Current Site Conditions
Proposed Site Plan
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Attachment E N
Plan Detail
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Existing Landing— Plan View
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Proposed Porch — Plan View
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Existing Photos
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Existing Front
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th Street
Close-up of Existing Deteriorated Landing- Facing 9th Street
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ExistingAttachment G
i Proposed Images
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Proposed Porch on • 1- • •