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HomeMy WebLinkAbout~Master - Variance To Allow For Parking In The Front Yard For A Single-Family Use Located At 2030 Country Club Boulevard CITY OF AMES, IOWA ZONING BOARD OF ADJUSTMENT IN THE MATTER OF THE APPLICATION OF WILLIAM JENNINGS FOR A CASE NO.20-02 VARIANCE, SECTION 29.1504 OF THE AMES MUNICIPAL CODE,TO ALLOW GEOCODE NO. 09-09-277-130 FOR PARKING IN THE FRONT YARD FOR A SINGLE-FAMILY USE LOCATED DECISION & ORDER AT 2030 COUNTRY CLUB BOULEVARD FACTS City Planner Julie Gould presented the application to the Board. Applicant William Jennings, the owner of 2030 Country Club Boulevard, seeks a variance to allow parking in the front yard. The property currently has a driveway that constitutes the allowed and required parking area for the home. If the variance is approved, it would allow a new parking area to be paved and counted as the required two parking spaces for the home. The existing driveway is considered legal nonconforming in location and width. The Building Official approved a Code modification for parking width that allows the property to be used as a rental with the existing parking as is; however, the applicant would like to install a parking area that is a paved driveway that leads to a paved parking area large enough to park two cars side-by-side. With the addition of parking, it would also allow for parking on a driveway as is currently permitted. The property is zoned Residential Low Density District (RL) and front yard parking is prohibited in this zoning district. The Zoning Ordinance allows parking in the side and rear yards, or upon a driveway that leads to parking spaces in the side or rear yards. The property is an irregular, pie- shaped parcel with the front yard curved to parallel the alignment of the Country Club Boulevard right-of-way. Although the proposed parking location is situated behind the front corner of the house closest to the street, it is in front of the back corner of the home, making it front yard parking. Planner Gould noted that an application was submitted for a Special Use Permit for Guest Lodging after this variance application was received. The variance request does not refer to the use of the property for Guest Lodging. Depending on the number of bedrooms and guests listed on the application, the existing parking and proposed parking may or may not comply with the Guest Lodging parking standards and would be evaluated subsequent to this variance request as a separate application. Regardless of the outcome of the variance request, the existing parking is adequate and has been approved for a Letter of Compliance to use the property as a single-family rental. Applicant William Jennings, 1606 South Duff Avenue, Ames, Iowa, testified that he would like to park side by side rather than in tandem. He stated that the new parking would still be "on the side" but because this is a pie shaped lot the City says it is still front yard parking. Chair Schoeneman asked Mr. Jennings if a guest lodging application was part of this variance. Mr. 2 Jennings informed the Board that his daughter and her fiance would be moving into the home eventually but the Guest Lodging use would continue for a couple three months until they live there. Marilyn Devick, 2019 Kildee Street, Ames, Iowa testified and asked the Board to deny this variance. She stated that the former owners resided in the home, and when the current owners purchased the home it was immediately made into an Airbnb. She noted that an Airbnb needs three parking spaces, and if this variance for parking were to be approved the home would then have three parking spaces. Ms. Devick stated that over Christmas there was a party which resulted in garbage in the front yard for a week. Ms. Devick said they were very concerned that extra parking would invite extra cars and extra guests. She is also concerned there will not be someone enforcing occupancy requirements every time the house is rented out. Brad Bearson, 425 Pearson Avenue, Ames, Iowa testified about the historic nature of the neighborhood. He stated that the current parking configuration for the property at 2030 Country Club Boulevard is not unusual for this neighborhood and he hopes the Board will consider the historic neighborhood in their decision. Dick Horton, 2119 Country Club Boulevard, Ames, Iowa testified about the history of the neighborhood as well. He believed there would be enough room for 3 or 4 cars in the driveway if it were extended to the back of the lot. He stated there are no properties with parking in the front yard in this area. Planner Gould stated that the letter of compliance was for a single family rental that only requires two stalls. Based on what the application for Guest Lodging requests, the required parking could increase. Per Code, parking would be allowed in the side and rear yard, and there is physically enough room but there is a retaining wall in the back yard due to a grade change in the yard. She clarified that from the point of the corner of the home to the nearest property line is considered front yard. Mr. Jennings reiterated that this hearing is about parking and not about an Airbnb. He feels that he leaves everything better than he finds it, and he and his wife have improved 2030 Country Club Boulevard since purchasing the property. He said that if the Board would like them to park in the back yard, then they can; however, there is a wall in the back yard making parking the full distance difficult and costly. Planner Schoeneman reminded the Board that a variance has to meet all criteria. In this case, the criteria that "the land in question cannot yield a reasonable return if only used for a purpose allowed in the zone" cannot be met as it has a compliance letter that allows that property to be a single family rental. Board member Perkins stated that they have to consider the Facts and the Code. He agreed with the Findings of Fact that the property can yield a reasonable return as is. DECISION The Board considered the facts as detailed above and 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. 3 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 2030 Country Club Boulevard. 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 81h day of January, 2019. 1�a C , yv �, Ja ue Vigins Amelia Schoeneman Secretary to the Board Chair CITY MANAGER'S OFFICE JA N 2 3 2020 CITY OF AMES, IOWA