HomeMy WebLinkAbout~Master - Special Use Permit For Guest Lodging To Allow A Vacation Lodging Use In The RL Zoning District At 1014 Ash AvenueCIT Y OF AMES, IOWA
ZONING 130ARD OF ADJUSTMENT
INTHE MATTER OF,rHE, APPLICATION
OF CHARLES & KATHRYN NICH(m,SoN,
FOR A SPECIAL USE PERMIT, SECTION
29.1503 OFTHE AC ES MUNICIPAL
CODE, FOR GUESTLODGING TO
ALLOW A VACATION LODGIN(') USIA, IN
THE RL ZONING DISTRICT" ),VT1014 AS11
AVENUE
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FACTS
CASE NO,. 20-03
C'EOCODE NO. 09-09-425-2 10
DECISION & ORDER
Planner Eloise Sahlstroni presented the application for as Special T.Jsc Pernut to the Board.
Charles and Kathryn Nicholson own a three -bedroom, Single Farri.ily Detache(l Horne located at
1014 Ash Avenue. Mr. Nicholson is currently working out of the country for an extended period
of tinie and wishes to make his home available for Guest Lodging. Applicant is requesting
approval of a three-bedroorn dwelling with all three bedrooms for ClUest Lodging and five adults
as guests. 'Fire request for five adults is not Consistent With the OCCUJXVICystandards ofthe Arnes
Municipal Code. lfa, Special Use Permit is approved, the use of the property for Guest Lodging
requires compliance with licensing requirements of Anres Municipal Code Chapter 35.
Vacation Lodging requires one parking space per approved bedroom. This 1-.)roperty includes a
two -car attached garage Lind allows for four additional stacked parking spaces. City Council is
Currently in the process of'revising park.ing standards to allow stacked parking fior single-family
and two-family dwellings. Staff included a condition that the Special LJse Permit approval is
contingent on the adoption of the amendi-rient to the ordinance for parking.
Although there are no specific zoning separation rcquir-cryients in. the Zoning Ordinance, there is
a 1,000-foot separation distance applied during review of the license application. At [his time,
there are no licensed Vacation Lodging single-Carnily or two-farnily properties wvitlrin, 10004cet
of the applicant. In establishing the 1000-foot separation requirement, the (,,ity C.ouricil also
established an initial exemption period, which included only applications submitted prior to
December 16, 2019, This property Nvill qualify for the exemption if the Special Use Permit is
approved and if the application for the Guest Lodging License is received within 30 days of` the
Special Use Permit approval. [`xeniption from the separation requirement will terminate if the
Guest L.,odging license for [lie unit is suspended, revoked, or lapses. 1"xemption from the
separation requirement is not transferrable to any subsoqUent owner of` the. property,
The IiWISC would be valid for 12 months, and it. is reconrinended Applicants reapply one month
before their license expires, Planner Sahlstrom stated that Applicant would be I-CClUired to show
they paid then- taxes as part ofthe license renewal and they Would also be required to maintain as
guest registry.
2
Sandra MOirnsey. 2236 Storm Street, Arnes, Iowa testified that she is as board rnember of the
South Campus area neighborhood. She stated it was imperative that citizens understood the
requirements fior vacation lodging and she believed Staffclearly set those out. The neighborhood
was concerned about the occupancy but they understand that Vacation Lodging is different than
B,ed and Breakfast.
Wendy L,ivy, 1020 Ash Avenue, Aines, Iowa testified and questioned if as home is allocated as as
vacation home if it is then as rental. She also asked whether the vacation lodging permit and rental
designation can be transferred to dit"'Ierent owners, Planner Sah1strom stated that a home has to
have a rental letter of` compliance before a person can apply for a SI)ecial Use Permit for (-iuest
Lodging. A rental letter of compliance can be transfcrred to another property owner but the
Guest Lodging license and the Special Use Permit cailnot.
Applicant Nvas not present but that did not require the Board to automatically deny the
application although it was an option.
DECJSION
The Board considered the facts as detailed above and provided in the staffreport, and fOLMd that
all of the relevant standards in Section 29.1,503 were tnet and established by the Applicant.
ORDER
WHEREFORE, IT IS ORDERED that the Applicant is GRANTF.D, pursuant to Section
29,1503 of the Arnes MLMiCipal Code, a Special Else Permit tor (Juest Lodging to allow a
Vacation [,cadging use in the RI, Zoning District at 1014 Ash Avenue with the following
requirernents.
1, Three off-street paved parking spaces reLlUired.
1 Maximum 017 three guest bedrooms allowed.
3Ma imam ofthree adult guests allowed.
4, One Year of disuse will render this Special Use 1-1crinit expired and void,
5The Special Use Permit is not transfierrable to any subseclLiCut owner of the prol-wrty.
Any person desiring to appeal this decision to as court of record may do so within 30 days after
the filing of this decision.
Done this 8'' day of January, 2020.
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Cque higgAmelia Schoeneinan
Secretary to the Board hai r
CTY N11ANAGEA-i'S OC FkC,'E
CITY OF AMES,,