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HomeMy WebLinkAboutA004 - Staff Report dated February 8, 2019 (2) ITEM #: 2 DATE: 02-13-19 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: February 8, 2019 CASE FILE NO.: EXCEPT-000590 REQUEST: Exception for a Minor Area Modification to allow a 7.5' side setback where 8 feet is required for the construction of a second floor addition for the property located at 2006 Kildee St. PROPERTY OWNER: Ed & Ana McCracken CONTACT: Brad Heemstra of Integrity Construction LOCATION: 2006 Kildee St. ZONING: Residential Low Density Zone (RL). BACKGROUND: The property at 2006 Kildee Street is located within the South Campus Area Neighborhood. It is currently occupied by a one-story single-family house. The property owner intends to utilize the house as their permanent residence and not as a rental as this area is currently subject to rental concentration area that restricts new rental properties. Attachment 'A' illustrates the location and zoning. The required side yard setback for the RL zoning district is 6' for a one-story structure and 8' for a two-story structure. The existing one story structure is located 7'-6-3/4" from the west property line. The proposed addition would make the home nonconforming without approval of the exception. The applicant is requesting an exception to allow a second story to be built directly over the existing structure that will maintain the existing setback. The encroachment of the second story will be less than 6". Attachment B' illustrates the site plan and required setbacks. PROJECT DESCRIPTION: The applicant is proposing a second story addition that will include a master bedroom suite and an office. The office will be located on the west side where the reduced side setback is requested. The office wall that is proposed to extend along the west side property line will be approximately 16-feet. The area of the office space will be approximately 210 sq. ft. Attachment 'C' & 'D' illustrate the existing and proposed elevations. Attachment 'E' illustrates the proposed floor plan for the second story. Section 29,1506 of the Zoning ordinance allows the Zoning Board of Adjustment to give consideration of an exception to the side yard setback by no more than two feet. The 1 applicant is requesting 6-inches. APPLICABLE LAW: Chapter 29, Section 1506(5)(c)(v), of the Municipal Code states the following: (4) When Authorized... (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 the case 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; ... (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: [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. (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. 2 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 2006 Kildee St. 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 2006 Kildee Street, is a one- story residential structure constructed in 1951 . The special circumstance includes the site as conforming with the current one-story structure, however an addition would create a nonconformity. The neighborhood includes a mix of one and two- story structures. To keep with standard construction practices, the applicant proposes to stack the existing first and proposed second floor walls for proper load transfer down to the existing foundation and footing below. However, doing so results in a small encroachment into the west side yard setback. The encroachment will be less than 6". 2. Health Safety- The design and construction will follow standard residential construction practices. The applicant proposes to stack the existing first and proposed second floor walls for proper load transfer down to the existing foundation and footing below. 3. Impact on Neighbors- The property at 2006 Kildee St. is located within the South Campus Area Neighborhood. The neighborhood includes a mix of one and two-story homes. Remodeling this home will be an investment in the neighborhood. Having a two-story home in this location fits well within the context of the neighborhood. The adjacent property to the west includes a 1-1/2 story 2-family home. 4. Does Not Exceed the Reduction Limits- The existing single story side yard setback requirement is 6-feet. With the proposed second story addition, the side yard setback requirement changes to 8-feet. The existing structure is located 7'-6-3/4" from the property line. Stacking the second story above the first floor will result in an encroachment of less than 6-inches whereas up to two feet is permissible. 5. Allowed Use- The addition of a second floor is allowed within the RL zoning district. The proposal is to add a master bedroom suite and office on the second level. The office will be located on the west side and will be the part that encroaches into the side yard setback. Attachment `E' illustrates the proposed floor plan for the second floor addition. 6. In Conformity with Intent and Purpose of the Zoning Ordinance and General Plan- The Zoning Ordinance requires that any addition or remodeling comply with the existing zoning. However, Sec. 29.1506 allows the Zoning Board of Adjustment 3 to give consideration, for an exception to the side yard setback by up to 2-feet. The applicant is requesting 6-inches. The proposed addition complies with all other setbacks. 7. Minimum Necessary- An exception is needed only for the west side yard setback. Although consideration for an Exception for a Minor Area Modification allows for up to 2-feet, the minimum necessary for the encroachment is less than 6- inches. The request is for a reduced side yard setback of 7-1/2-feet on the west side of the home. ALTERNATIVES: 1 . The Zoning Board of Adjustment may approve an Exception for a Minor Area Modification for the property located at 2006 Kildee Street, to allow construction of a second floor addition with a reduced side yard setback of 7-1/2-feet on the west side, by adopting the findings of fact and conclusions stated herein and with the following conditions applied: • The approval of this Minor Area Modification must be recorded in the office of the County Recorder. 2. The Zoning Board of Adjustment may approve an Exception for a Minor Area Modification to allow a reduced side setback for the construction of a second floor addition for the property located at 2006 Kildee 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 side setback for the construction of a second floor addition for the property located at 2006 Kildee 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 construction of a second story for the property located at 2006 Kildee Street, by adopting the findings of fact and conclusions stated herein. 4 Attachment A Location Map � ry I W " m • t. R L SUBJECT PROPERTY I -1 d j �. a LOCATION & ZONING MAP - _ N - 2006 Kildee Street Legend 0 30 60 120 Feet i I � F'-F,.,I 5 EXISTING TOPO LINE �i / I / � I I VV VIDE EXIST14G DRIVE I I I 1 i i A - -j- 11 MEASURED DISTANCE TO 7E JN� I n'-91N' Uj EXISTING RESIDENCE - �.- I D Lu n n 73 CD SET BACK FOR ONE STORY'---}I ) / SBI—- RECEIVED SET BACK FOR TWO STORY 6-0' -- SB III JANTYOF 18 2019 OEPT.OF PIANMNG 8H0 SITE PLAN \�SCALE- I':29r " HAILA McCracken Remodel PERMIT SET I MM -- lk<I1RI Ed&Ana S TAUC TF .11 UR 2006 KILDEE STREET AMES,IA 50014 1-16-2O19 RECEIVED JAN 18 2019 OF AMES DAL OF PLANNING&HOWA USING DEMO DEMO S DEMO ELECTIVE BRICK — ROOF ECI— _ - __ _. - _ - .. DEMO F Q- — - i•'i. :i�' 8 4 ROOF8. - F A SELECTIVE - — SIDNIGDEMO —DEMO_ SIDING F FLOD -- -- _ - - -- � r+ SOUTH EAST --�. DEMO EXTERIOR ELEVATION O DEMO EXTERIOR ELEVATION- n souE lr=rm SCALE ve•=r Lr r11 v DEMO DEMO (p (,D BRICK j,, BRICK _ 1Tze.4Y'Siz k�4a.,�,:'fOEMO� -4'f- gr - - - - - DEM+im— � soeN; OmMANDOW r]D — SMWG J- —�— I� BDDB - - - — I = - -D OM - DOOR som WEST NORTH O_DEMO EXTERIOR ELEVATION rLLO EXTERIOR ELEVATION SCALE 118-zlZ sme mr.rw a e t Ie HAILA McCracken Remodel PERMIT SET ■ LCTUEl Ed 8 Ana ITRUC STRUCTURE V L AN NINr m 2006 KILDEE STREET AMES,IA 50014 1-16 2019 PREP WISHED y THIN BRICK VENEER STANDING SEAL _— METAL RODE PREFIND -- WIE METAL ROOF ' THIN BRICK VENEER FIX Y ADHEREI RUBBER — 1 NEW PANELS TO MATCH MEMBRANE OVI PANEL 1 -_ ®� EXISTING ABOVE WINDOWS- FASTENED MECHANICALLY FASTE I NED F TAPEREDRIBD p1SLLATION 9'A YB' PANEL 2 PANEL 2 - II E%6TINGPANELI -- - _� - -- -- SIDING NOTES: EXISTING STOOP SOUTH EAST EXTERIOR ELEVATION w� �,.—•-W n EXTERIOR ELEVATION o D sGLE ,�-,� 1 SCALE ,AT I% ,-h r« PREFA I�tNINGSESHED ^�'�'�M(� FULLY ADHERED RUBBER O 0 MEMBRANE OVER MECHANICALLY STANDING S1 riw.v�wm PREFMNSEEp Q- 00 P�2 METAL ROOF nwo� �+.unrr.a�o�ru.en FASTENED_APERED RIGID INSULATION METAL ROOF m 3 THIN BRICK VENEER - T16H, — — — approx 116-1ee1 _ — — — -_.:- ._ < FULLY ADHERED RU88ER NEW PANELS TO MAT04 MEMBRANE OVER MECHANICALLY — - EXISTING ABOVE YVIIAOTVS PANEL FASTENED TAPERED RIGID INSULATION THN BRICK VENEER PANEL 2 — - - PANEL I EXISTWGPAIIEl1 EXISTING STOOP WEST TRIM d NEW CLADDING AROUND NORTH PANEL 2 EX STING BLOCK WINDOW r,J1 EXTERIOR ELEVATION MEW FROM Tr+e sioe� TOMATCHMOTH EXTERIOR ELEVATION MEW FROM THE FRONT `�SCALE: -O' OF WINDOW ABOVE 2 SCALE TB'=V-V 7 _d' 6 16 0HAILA McCracken Remodel C d PERMIT SET ARCHITECTURE Ed 8 Ana JAN 7 81:)Ifi ■ STRUCTURE CITYOFAMES,IOWA PLANNING... 2006 KILDEE STREET AMES,IA 50014 DEPT.OF PLANNING A HOUSING 1-16-2019 Attachment E Proposed Second Story Floor Plain Vncroachment into ack <6" r,e 8 � a n3an1]r3nNrw.H €�� z a3+ut".3 3e of �a.K� �� � m I � 8 I U043I3Ixard031nan m a NE j O Z'�i AL 9.5 C 13N^()dl/l 6-A .UL S 0 ONE LL� -7r o Z o W a3anlorinarrves �!Q 07E133NIL N33a01 En, b 7,355na- �m - H 1 tl YMA gg Oa0]➢ltla d U31 i H .'.l .NI L-E Irl t SS .LL E M El'1 0.1 ----1— g .w tk r2A t .VL t- A r-- - ZI w j .Lt"v Al}S .l•E all 4.v R Ilt .1l1-e-i� 11tS �> W $ , N3N1' Y H � S 13N00di M W" 03a33N sort s3ssnal - 4 j ;� I N d3on1]I'dnNmA9 O;MMON33601 a 30 rL 6 53SSna1 7r^ w > - — - - r�ME c;t t-LIs'� »Ce.EL nIt N N[Et1 UIs .F'F .PZt .rt! 9