HomeMy WebLinkAboutA004 - Staff Report dated February 7, 2020 ITEM #: 2
DATE: 02/12/20
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: February 7, 2020
CASE FILE NO.: SUP-000822
REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging use for the
property located at 428 Ash Avenue within the RL' Residential Low Density
Zoning District.
PROPERTY
OWNER: Harrison & Mary Ghim
LOCATION: 428 Ash Avenue
ZONING: "RL" Residential Low Density
BACKGROUND AND PROJECT DESCRIPTION.
The requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in a Single
Family Detached Home located at 428 Ash Avenue. The site is located within the "RL" Residential
Low Density Zoning District.
Vacation Lodging is a term that applies to the use of a single-family dwelling as Guest Lodging, which
is a short-term lodging use rather than household living. There are different categories/types of Guest
Lodging allowed within the City. Vacation Lodging is a type of use that allows a dwelling to be used
for guest stays of up to 31 days without the property owner being present. The property must also be
registered as rental property consistent with standards of the Ames Municipal Code. Note that the if
the Special Use Permit is approved, the use of the property for Guest Lodging requires compliance
with licensing requirements of Chapter 35 of the Ames Municipal Code (AMC).
There are currently four legal bedrooms existing in the dwelling unit as indicated by the applicant and
the rental housing inspector files. The owner proposes to use all four bedrooms for guest lodging. The
property owners describe the business as operating a vacation lodging while maintaining the house.
The owners state that they will "carefully manage advertising, screening, check in process,
implementing house rules, [and] communication support during guest stay." The check-in time is after
3:00 p.m. and the check-out time is 11:00 a.m.
The property has a four-year Letter of Compliance that was issued on May 22, 2019 and will expire
on May 22, 2023.
Parking must comply with the dimensional, location, and surfacing requirements of Section 29.406 of
the Zoning Ordinance. Generally, parking is not allowed to be located between the building and the
street however, the zoning standards include an exception for stacked driveway parking.
The property includes a two-car attached garage with an extended driveway of approximately 45 feet
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that would allow for additional stacked driveway parking spaces that meet the minimum dimensions of
9' x 19'. The driveway is paved. The recent Zoning Ordinance revisions in Section 29.406(8) now will
allow stacked parking to count toward the minimum parking requirement. This satisfies the Guest
Lodging code requirement for Vacation Lodging, which requires one space per bedroom (maximum
required -five spaces).
Although the Zoning Ordinance does not include any specific separation requirements, a 1,000-foot
separation distance requirement will be applied during review of the license application. At this time,
there are no licensed Vacation Lodging single-family or two-family property within 1000-feet of the
applicant.
In establishing the 1000-foot separation requirement, the City Council also established an initial
exemption period, which included only applications submitted prior to December 16, 2019. This
property will 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 SUP approval. Exemption from the
separation requirement will terminate if the Guest Lodging license for the unit is suspended, revoked,
or lapses. Exemption from the separation requirement is not transferrable to any subsequent owner of
the property.
PUBLIC NOTICING:
Notification was made to all owners of property within 200 feet. A notice of public hearing was placed
on the property and published in the newspaper.
APPLICABLE LAW:
Section 29.1302 of the Zoning Ordinance states the following Guest Lodging Requirements:
(1) Non-Conforming Uses.Any Apartment Dwelling that is a non-conforming use within its zoning
district shall not be approved as Vacation Lodging.
(2) Special Use Permit.
(a) Bed & Breakfast Establishments and Vacation Lodging must obtain a Special Use Permit
from the Zoning Board of Adjustment prior to receiving a Guest Lodging license.
(b) Exemptions. Apartment dwellings located in certain zoning districts are exempt from the
Special Use Permit requirement. These zoning districts include: F-PRD, F-VR, RM, RH,
FS-RM, NC, CCR, DSC, CSC, O-LMU and DGC. This exemption does not apply to
apartment dwellings located in zoning district RM/O-SFC.
(c) Properties requiring a Letter of Compliance (LOC) must have registered for their LOC and
have completed their initial LOC inspection, prior to applying for a Special Use Permit.
(d) The Special Use Permit is not transferable to a subsequent owner or to another property.
(e) The Special Use Permit shall be deemed expired and void after a one year period of disuse
of the dwelling unit for guest lodging purposes or upon nonrenewal of a guest lodging
license.
(3) Additional Vacation Lodging Restrictions.
(f) Vacation Lodging is not permitted as a second principal use on a site with a single-family
dwelling.
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(g) Only one Vacation Lodging unit may be established for a property with a two-family
dwelling.
(h) No Vacation Lodging use may be established on the ground floor of a commercial building
or mixed use building.
(4) Guest Rooms.
(a) Bed & Breakfast Establishments may have no more than five approved guest bedrooms.
The Zoning Board of Adjustment will determine the number of bedrooms specific to the
dwelling unit.
(b) Vacation Lodging must be consistent with the occupancy limitations of the Ames Municipal
Code Section 13.503. No Vacation Lodging shall exceed a total of five adults per dwelling
unit.
(5) Off-Street Parking Requirements.
(a) Bed & Breakfast Establishments must have one reserved space per guest room, plus one
space for the owner.
(b) Vacation Lodging must provide one parking space per guest bedroom, with a maximum of
five spaces required; an apartment dwelling in a zoning district with less parking required
is not subject to this standard.
(c) The parking spaces shall meet standards established by Section 29.406 of this ordinance.
(6) Local and State Regulations. The Guest Lodging establishment must comply with local and
state regulations regarding all applicable permits and licenses including, but not limited to fire,
health, food service, hotel, liquor, revenue, building/zoning permits and licenses.
Section 29.1503(4)(a),(b), and (e) of the Zoning Ordinance states the following:
(4) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board
of Adjustment shall establish that the following general standards, as well as the specific
standards outlined in subsection (c) below, where applicable, 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.
(a) General Standards. The Zoning Board of Adjustment shall review each application for the
purpose of determining that each proposed use meets the following standards, and in
addition, shall find adequate evidence that each use in its proposed location will: (The
standards are listed in this report below.)
(b) Residential Zone Standards. The Zoning Board of Adjustment shall review each application
for the purpose of determining that each proposed use in a residential zone meets the
following standards... (The standards are listed in this report below.)
(e) Conditions. The Board may impose such additional conditions it deems necessary for the
general welfare, for the protection of individual property rights, and for ensuring that the
intent and objectives of this Ordinance will be observed.
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STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL:
The applicant has provided the attached application and site plan including statements as to how the
proposed Guest Lodging use meets the requirements for a Special Use Permit.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted information and site plan provided in the application, the following findings
of fact and conclusions may be made regarding the standards of approval.
General Standards.
(i) Be harmonious with and in accordance with the general principles and proposals of the
Land Use Policy Plan (LUPP) of the City.
Findings of Fact: The LUPP describes an intent to accommodate a range of uses in the
community, both residential and commercial, with an appropriate development process to
ensure compatibility. The LUPP does not address the specific type of use, Guest Lodging, but
instead describes the types of use planned for residential areas. The proposed use is located
within a single-family dwelling that is consistent with the low density residential designation and
is approvable by a Special Use Permit, as defined within the Zoning Ordinance that implements
the LUPP.
Conclusions: Therefore, it can be concluded that the use meets General Standard (i) for
a Special Use Permit.
(ii) Be designed, constructed, operated and maintained so as to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such a use will not change the essential character of the area in which
it is proposed.
Findings of Fact: The property is located in a single-family, residential neighborhood and has
single-family neighbors all sides. The applicant has indicated a commitment to maintaining the
property as a single-family dwelling in appearance and character. The maximum level of
occupancy is four adult guests in the four-bedroom home. The intensity of use is similar to the
surrounding neighborhood. Several vacation lodging SUPs were recently approved in the
South Campus neighborhood (504 Stanton Avenue and 1014 Ash Avenue); another SUP in
the neighborhood appears on tonight's agenda (2340 Storm Street). All are more than 1000
feet away. Once established as Vacation Lodging, the City's current licensing requirements
will prohibit establishment of an additional facility within 1,000 feet of this site, unless that facility
is eligible for an exemption.
Conclusions: Therefore, it can be concluded that the use meets General Standard (ii) for
a Special Use Permit.
(iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity.
Findings of Fact: The difference in use between the single-family and guest lodging is the
frequency with which the occupants change: guest stays are of a much shorter duration than
typical rental or ownership occupancies. City standards, however, require guest stays to be
coordinated with one contract and to not be individually rented to different groups/individuals
at the same time. The applicant indicates that guests are expected to be respectful of the
neighborhood and the property.
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Conclusions Therefore, it can be concluded that the use meets General Standard (iii) for
a Special Use Permit.
(iv) Be served adequately by essential public facilities and services such as highways,
streets, police, fire protection, drainage structures, refuse disposal, water and sewage
facilities, and/or schools.
Findings of Fact The proposed use will not create an intensification of use. The change
pertains to how long a family or group occupies an existing house.
Conclusions Therefore, it can be concluded that the use meets General Standard (iv) for
a Special Use Permit.
(v) Not create excessive additional requirements at public cost for public facilities or
services.
Findings of Fact: The proposed use will not create an intensification of use.
Conclusions: Therefore, it can be concluded that the use meets General Standard (v) for
a Special Use Permit.
(v i) Not involve uses, activities, processes, materials, and equipment or conditions of
operation that will be detrimental to any person, property, or general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Findings of Fact: The provision of guest lodging does not generally raise any of the above
concerns. The primary difference between guest lodging and owner/long-term rental
occupation is the frequency of turnover.
Conclusions: Therefore, it can be concluded that the use meets General Standard (vi) for
a Special Use Permit.
(vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate
such use.
Findings of Fact: °RL" Residential Low Density Zoning District allows for Vacation Lodging with
a Special Use Permit. This base zone allows Single Family and pre-existing Two-Family uses.
The proposed use will operate under the occupancy limitations of the Code, so that the impact
will be no greater than that of a single-family household living use. The former use as a single-
family home can be reestablished easily if and when the Vacation Lodging ceases.
Conclusions Therefore, it can be concluded that the use meets General Standard (vii) for
a Special Use Permit.
Residential Zone Standards.
(i) Not create excessively higher levels of traffic than the predominant pattern in the area
and not create additional traffic from the proposed use that would change the street
classification and such traffic shall not lower the level of service at area intersections.
Findings of Fact: Occupancy restrictions will limit the number of guests, thereby helping to
reduce the number of vehicles.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard (i)
for a Special Use Permit.
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Not create a noticeably different travel pattern than the predominant pattern in the area.
Special attention must be shown to deliveries or service trips in a residential zone that
are different than the normal to and from work travel pattern in the residential area.
Findings of Fact: This use will operate largely in the same manner as a private home, but with
shorter residencies. This neighborhood has a gridded street pattern with traffic patterns typical
of routes going in multiple directions. The use itself is unlikely to have different travel patterns
than a typical residential dwelling and will have not different expectations of service trips in the
area.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard (ii)
for a Special Use Permit.
(iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle weight) to and from
the site except for waste collection vehicles, food delivery vehicles, and moving vans.
Findings of Fact: There will be no truck traffic for the proposed use.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard (iii)
for a Special Use Permit.
(iv) Not have noticeably different and disruptive hours of operation.
Findings of Fact: The hours will be the same as for any single-family residence.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard (iv)
for a Special Use Permit.
(v) Be sufficiently desirable for the entire community that the loss of residential land is
justifiable in relation to the benefit.
Findings of Fact: The dwelling will be available continuously for guests. The applicant expects
guests to comport themselves as a resident family.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard (v)
for a Special Use Permit.
(vi) Be compatible in terms of structure placement, height, orientation, or scale with the
predominate building pattern in the area.
Findings of Fact: The applicant is not proposing any changes to the existing single-family
residential dwelling. The orientation of the home and the size of parking areas will allow for full
occupancy of the site consistent with the Ames Municipal Code in manner that is also
consistent with the surroundings The existing home is entirely compatible with the building
pattern of the area.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard (vi)
for a Special Use Permit.
(vii) Be located on the lot with a greater setback or with landscape buffering to minimize the
impact of the use on adjacent property.
Findings of Fact There will be no changes to the structures or site
Conclusions: Therefore, it can be concluded that the use meets Residential Standard (vii)
for a Special Use Permit.
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(viii) Be consistent with all other applicable standards in the zone.
Findings of Fact: The request is made with the understanding that all applicable standards
have been met, including the standards that are required for a Letter of Compliance, which was
issued on May 22, 2019 and will not expire until May 22, 2023.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard (viii)
for a Special Use Permit.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest
Lodging at 428 Ash Avenue to allow a Vacation Lodging use in the "RL° Residential Low Density
by adopting the findings and conclusions noted above with the following stipulations reflective of
the AMC guest lodging standards:
o Off-Street Paved Parking Spaces required: 4
o Maximum Number of Guest Bedrooms allowed: 4
o Maximum Number of Adult Guests allowed: 4
o One year of disuse will render this Special Use Permit expired and void.
o The Special Use Permit is not transferable to any subsequent owner of the property.
Additionally, operation of the Vacation Lodging use is subject to the requirements of the Ames
Municipal Code, including the Rental Code and Guest Lodging Code. Receipt and annual renewal
of a Guest Lodging License is required. Operation of a Guest Lodging use without an active Guest
Lodging License is a violation of City code.
2. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest
Lodging at 428 Ash Avenue to allow a Vacation Lodging use in the ' RL" Residential Low Density
by adopting the findings and conclusions noted above with different conditions than stated above.
3. The Zoning Board of Adjustment can deny this request for a Special Use Permit for Guest Lodging
at 428 Ash Avenue by finding that the project does not meet the criteria of Section 29.1302 and
Section 29.1503(4)(a),(b), and (e).
4. The Zoning Board of Adjustment can refer this request back to the applicant or to City staff for
additional information.
RECOMMENDED ACTION:
Staff concludes that the proposed Guest Lodging Vacation Lodging use, at 428 Ash Avenue is
consistent with the requirements for a Special Use Permit for Guest Lodging and with the general and
specific residential standards required for granting a Special Use Permit. The Guest Lodging use will
operate in manner that is compatible with the surrounding uses and not cause a nuisance to adjacent
neighbors.
Therefore, 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.
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Attachment `A'
Location & Zoning Map
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Attachment `B'
Site Plan
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Attachment 'C'
Floor Plan
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1st Floor
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