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
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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.
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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
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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.
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Attachment A
Location Map
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SUBJECT
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LOCATION & ZONING MAP
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- 2006 Kildee Street
Legend
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EXISTING TOPO LINE �i
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OEPT.OF PIANMNG 8H0
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■ STRUCTURE CITYOFAMES,IOWA
PLANNING... 2006 KILDEE STREET AMES,IA 50014 DEPT.OF PLANNING A HOUSING 1-16-2019
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