HomeMy WebLinkAbout~Master - A variance to allow for parking in the front yard for a single-family use located at 1113 Maxwell Avenue C,TY MANAGER'S OFRCE
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CITY OF AMES, IOWA
�CITIe!0F,A MES,,Jo.VAONING BOARD OF ADJUSTMENT
IN THE MATTER OF THE APPLICATION
OF LISA HEIN AND PHIL SPORRER, ON CASE NO. 19-09
BEHALF OF MEADOWLARK BASS, LLC,
FOR A VARIANCE, SECTION 29.1504 OF GEOCODE NO. 09-02-205-040
THE AMES MUNICIPAL CODE, TO
ALLOW FOR PARKING IN THE FRONT DECISION & ORDER
YARD FOR A SINGLE-FAMILY USE
LOCATED AT 1113 MAXWELL AVENUE
FACTS
Applicants Lisa Hein and Phil Sporrer, on behalf of Meadowlark Bass, LLC. seek a variance to allow
for parking in the front yard for a single-family use located at 1 1 13 Maxwell Avenue. The property is
located in the Urban Core Residential Medium Density District. Front yard parking is prohibited in
this district as defined in Section 29.406(7)(e).
The property owner is trying to obtain a Letter of Compliance to operate the property as a single-
family rental. Single-family homes require two off street parking stalls and new parking must meet
paving and location requirements of the Zoning Ordinance. The property is a non-conforming 5,925
square foot parcel, where the zoning district minimum is 6,000 square feet. The 420 square foot
house is situated in the front half of the lot. The driveway leads from Maxwell Avenue to the front of
the house. The recently paved driveway area is 9.5 ft x 40 ft, which is enough room for two cars to
park in tandem with the minimum 9 ft x 19 ft parking space dimensions.
When the Rental Inspection process commenced, there was only one parking stall with an area of
approximately 190 sq. ft. located directly in front of the house. Once notified of the two parking stall
requirement, the property owner extended the driveway an additional twenty feet up to a recessed
facade of the house. The paving was added without concurrence from the City that it would meet
Code standards, which it does not. The property owner is requesting the variance to allow parking in
the front yard in order to use the recently paved area as required parking.
City Planner Julie Gould reviewed the Application with the Board and presented the recommendation
of the Department of Planning and Housing. The Department's recommendation to the Board was
that the standards necessary to grant a variance under Ames Municipal Code Section 29.1504 were
not met in the Department's opinion. Board Member Schappaugh asked for clarification on the
definition of a front yard and Planner Gould said that the definition is essentially anything in front of
the house. Board Member Schappaugh also questioned if a person can pave to the property line and
Planner Gould stated that there is no setback for driveway paving.
Applicants Lisa Hein and Phil Sporrer testified under oath. Ms. Hein stated that she and her husband
have been in the process of updating the property to meet rental code. They did some interior work
and then Building Inspector Dan Thomas informed them that there was an issue with the parking.
Ms. Hein stated that when she was speaking with Planning Staff at the counter she misunderstood
that adding additional paving would still be considered front yard. She feels that a 470 square foot
house with roughly 750 square feet of paving seems excessive. She stated that the street is not on a
marked snow route and the property faces a cemetery. so there is plenty of parking available on the
street.
A neighbor to the property, Dennis Heaberlin, testified that he is opposed to renters parking in the
front yard, in agreement with Planner Gould's recommendation.
Board Member Schappaugh asked the difference between rental and owner occupied homes with
regard to parking. Planner Gould stated that there is no difference, but rentals are subject
enforcement of the Code through the Rental Inspection process.
The Board discussed the standards required to grant a variance. Board Member Perkins noted that to
approve the variance, the Board would have to find that the Applicant met code somehow. in
opposition to what the staff recommended. He found it difficult to believe that the property would not
yield a reasonable return if it were paved to Code. Board Member Schappaugh stated it was not the
property owner's fault that the curb was not cut to where the driveway could go past the house in a
straight shot.
Board Member Schappaugh asked staff if the applicants will be issued a cease and desist because it is
rented and the renters will have to move. Planner Gould stated that staff would work with the
applicants as they had been doing.
DECISION
The Board considered the facts and evidence as presented to the Board and detailed above and as
provided in the staff report, and found that all of the relevant standards in Section 29.1504 were not
met and established by the Applicant.
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 for parking in the front yard
for a single-family use located at 1 1 13 Maxwell 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.
Done this 91h day of October, 2019.
y
a que i ins Rob Bowers
r eta ry 0
the Boar Vice Chair