HomeMy WebLinkAboutA004 - Staff Report dated October 5, 2018 ITEM#: 4
DATE: 1010511 B
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: October 5, 2018
CASE FILE NO.: EXCEPT-000540
MEETING DATE: October 10, 2018
REQUEST: Exception for a Minor Area Modification to the Front Yard Setback
for the Property Located at 122 S. Russell Avenue.
PROPERTY OWNER: Kannan Raghavan
APPLICANT: Kannan Raghavan
LOCATION: 122 S. Russell Avenue (see Attachment A)
ZONING: "UCRM" (Urban Core Residential Medium Density)
BACKGROUND:
The property at 122 S. Russell Avenue is occupied by a one-story single family home,
built in 1929. This is a rectangular-shaped lot 50 feet wide and 181.2 feet deep. The
existing zoning of the property is "UCRM" (Urban Core Residential Medium Density)
which requires a minimum setback of 25.00 feet from the front lot line (See Attachment A
— Location & Zoning Map). The existing house, including an enclosed front porch, is
located 23.27 feet from the front lot line, which is 1.73 feet closer than the required
minimum building setback of 25 feet (See Attachment B — Site Plan).
A building permit was issued to the property owner for remodeling of the enclosed front
porch into living space. At the time of inspection of the remodeling (under construction),
it was discovered by the City building inspector that the former enclosed porch, now the
remodeled living space, was originally constructed closer to the front property line than is
allowed by the current UCRM zoning standards for front setback. The property owner
was informed by the City that the remodeling work could not continue until such time that
the property owner was granted an Exception for Minor Area Modification by the Zoning
Board of Adjustment (ZBA). See Attachment D — Conversion of Front Porch to Living
Space (Under Construction).
A Minor Area Modification is permitted in accordance with Section 29.1506, to allow the
reduction of required residential front and rear yard setbacks for principal structures by
no more than five feet. The Zoning Board of Adjustment is authorized to grant the
exception based upon the review criteria identified in Section 20.1506(5)(c).
PROJECT DESCRIPTION:
The applicant is seeking an Exception for Minor Area Modification to allow encroachment
of the existing house into the required minimum front yard setback. The enclosed front
porch of the house, which extends into the required front yard by approximately 1.73 feet,
is being converted into living space.
APPLICABLE LAW:
Chapter 29, Section 1506(4)(c) of the Municipal Code states the following:
(4) When Authorized. The Zoning Board of Adjustment is authorized to grant the
following exceptions:
(c) Exceptions for minor area modifications. The Board is authorized to grant
exceptions from the requirements of the zoning ordinance to allow minor
area modifications for single family attached and detached dwellings that
are existing in developed areas, but not in cases of new construction.
These are authorized for the following situations:
(i) reduction of required residential side yard setbacks for principal
structures by no more than two feet;
(ii) reduction of required residential front and rear yard setbacks for
principal structures by no more than five feet;
(iii) reduction of minimum lot area requirements by no more than 10%;
(iv) reduction of required front, rear, and side yard setbacks without
limit as required to provide handicapped access ramps to a
dwelling;
(v) reduction of front, rear, and side yard setbacks without limit to allow
reconstruction of a historically accurate structure.
Chapter 29, Section 1506(5)(c) & (d) of the Municipal Code states the following:
(5) Review Criteria. Before an exception can be granted, the Board of Adjustment
shall establish that the following standards have been or shall be satisfied-
(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:
W 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.
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(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.
(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.
BASIS OF REQUEST:
See the "Supporting Information" prepared by the applicant and included as part of this
packet.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description and site plan (See Attachment B -- Site Plan) the
following findings of fact and conclusions may be made:
1. Special circumstances or practical difficulties apply to the property such that
the terms of the ordinance cannot be satisfied.
As built, the existing house encroaches into the required front setback by
approximately 1 .73 feet. Since the house was originally constructed at the current _
location on the lot, it is not possible to correct the encroachment into the front
setback without either changing the minimum required setback for the "UCRM"
zoning district, or physically removing the front 1 .73 feet of the house out of the
25-foot setback. Moving the house outside the front setback is not practical. If the
ZBA feels that the current location of the home in relation to the front property line
is a practical difficulty, the exception could meet this criterion.
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2. The minor area modification will not be detrimental to the public health,
safety, or general welfare.
The exception, if approved, would not change the current encroachment into the
front setback. There will be no new impacts on public health, safety, or general
welfare that would result from the granting of this exception. It is unlikely that the
casual observer would be aware of the encroachment into the setback.
3. The minor area modification will not have a substantial negative impact upon
neighboring properties.
Granting of the exception would not change the density of the residential use of
the property. City staff has not received any complaints regarding the current
location of the house.
4. 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.
Section 29.1506(4)(c)(ii) allows for a reduction of a required minimum front yard
setback by no more than five feet. The requested reduction of 1.73 feet is less than
the 5-foot exception allowed for the required 25-foot front setback.
5. 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.
The current and proposed use of the property is single family residential, which is
an allowed use in the "UCRM" zoning district.
6. The minor area modification is in conformity with the intent and purpose of
the zoning ordinance and the general plan of the community.
Granting of the exception by the ZBA would maintain an existing encroachment of
1.73 feet into the required minimum front setback and does not change the existing
single-family residential use of the subject property.
The maintained reduction of the front setback for the subject property does not
significantly impact the intent and purpose of the zoning ordinance and has no
effect on the general plan of the community for this established neighborhood of
single-family structures.
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7. The minor area modification is the minimum necessary to achieve the
desired result.
The property owner is asking only to maintain the current encroachment of the
house into the front setback. No increase in the amount of encroachment is
proposed.
8. The minor area modification does not alter the applicant's obligation to
comply with other applicable laws or regulations.
The requested Exception for Minor Area Modification for 122 S. Russell Avenue
maintains the footprint of the existing house and does not intensify the use of the
structure. All other obligations to comply with applicable laws or regulations are not
affected by this modification and are not being considered through this application.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for an Exception for
Minor Area Modification to reduce the front setback from the minimum required 25
feet to 23.27 feet, for the property located at 122 S. Russell Avenue, based on the
above findings of facts and conclusions.
2. The Zoning Board of Adjustment can deny this request for an Exception for Minor
Area Modification to reduce the front setback from the minimum required 25 feet
to 23.27 feet, for the property located at 122 S. Russel[ Avenue, based on the
Board's findings of facts and conclusions.
3. The Zoning Board of Adjustment can refer this request back to staff and/or the
applicant for further information.
DEPARTMENT RECOMMENDATION:
The City's Zoning Ordinance allows for an exception to front setbacks to be granted by
the Zoning Board of Adjustment as long as the proposed exception is in compliance with
the criteria outlined in the ordinance.
Therefore, it is recommended that the Zoning Board of Adjustment approve Alternative
#1 based on the above findings of facts and conclusions. This will approve the request
for an Exception for Minor Area Modification to reduce the front setback of the existing
house from the minimum required 25 feet to 23.27 feet, for the property located at 122 S.
Russell Avenue.
If the Exception for Minor Area Modification is approved by the Zoning Board of
Adjustment, the applicant must record approval of the modification in the office of
the Story County Recorder in order to make effective the approval. See Section
29.9506(5)(d) of the Municipal Code.
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Attachment A— Location & Zoning Map
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