HomeMy WebLinkAboutA004 - Staff Report dated February 4, 2020 ITEM #: 3
DATE: 02-12-2020
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: February 4. 2020
CASE FILE NO.: SUP-000828
REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging
use, for the Single Family Property Located at 2305 Fillmore Av. within
the 'RL Residential Low Density Zoning District.
PROPERTY A3T TRCKA. LLC (Sue Taege. Registered Agent)
OWNER:
LOCATION: 2305 Fillmore Avenue
Ames, Iowa 50010
ZONING: "RL° Residential Low Density Zoning District
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 2305 Fillmore 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).
The applicant is requesting approval of a four-bedroom dwelling with all four bedrooms for
Guest Lodging and a maximum occupancy of five adults as guests. The request for five adults
is not consistent with the occupancy standards of the Ames Municipal Code Section
13.503 that states no more than four adult occupants may be permitted for a four-
bedroom dwelling unit in a single-family home. Although it is clear that this is a large home,
approval of this request requires a stipulation noting the occupancy limitations of the AMC, in
this case four adults for a four-bedroom home.
The property owner describes the operations of the business as follows:
The day before arrival. the guest is contacted with information on how to obtain the code
for the key box. A "House Manual" is provided in the unit with helpful numbers,
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information on logistics of use of the home, as well as community information. Guests
are asked to clean up after themselves including doing the dishes, striping the beds, and
putting trash in the outside bin. When the guests leave, they are to lock the door and
return the key to the key box. If the key is not returned, the guest will be accessed a fee.
As a follow-up, the property owners check the home for damages and cleanliness and
provide an online review of the guest.
Parking must comply with the dimensional, location, and surfacing requirements of Section
29.406 of the Zoning Ordinance. Generally, off-street parking is not allowed to be located
between the building and the street, however, the standards include an exception that would
allow stacked parking to count toward the minimum parking requirement.
A four-bedroom home utilized for Vacation Lodging is required to have one 9' x 19' parking
space for each bedroom. The property can accommodate the four required parking spaces. The
property includes a two-car garage (22' x 23') and a paved 19-foot wide driveway approximately
25 feet long that will accommodate two additional vehicles in front of each of the garage spaces.
(It should be noted that the driveway measurements included on the attached site plan indicates
a driveway length of 30.5' which likely includes the right-of-way.) Street parking is also available
in this area, but it is not allowable to be counted as required parking.
The property has a Two-Year Letter of Compliance (Permit #RENT-005279-2018) that was
issued on July 3, 2019. It will expire on July 2, 2021.
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 this site.
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.
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(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 e 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.
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(f) Vacation Lodging is not permitted as a second principal use on a site with a single-
family dwelling.
(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.
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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.
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 emphasizes the values of sense of place and
connectedness within a neighborhood and the overall community and emphasizes the
values of diversity and connectedness. The Vacation Lodging use will provide
opportunities for visitors to Ames and Iowa State University to experience a local
community near the campus, according to the values expressed it the LUPP.
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.
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Conclusions: Therefore, it can be concluded that the use meets General Standard
(i) for a Special Use Permit.
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 home was built in 1972, at the time the neighborhood was
established. The home has residential neighbors on all sides. It fits well within the single-
family neighborhood and the owners have no plans to make any changes to its
appearance. Upkeep and physical appearance are maintained by the owners. Hired
professionals are utilized when needed.
The maximum level of occupancy is four adult guests in the four-bedroom home.
The intensity of use is similar in nature to the surrounding scale of the neighborhood.
The primary difference of use is the frequency of changing occupants, with the guest
stays being of a much shorter duration than typical rental or ownership occupancies.
However, City standards require the guest stays to be coordinated with one contract and
to not be individually rented to different groups/individuals at the same time.
As one of the first Vacation Lodging requests under the new Zoning Standards, there are
no existing similar businesses in the area. Once established as Vacation Lodging, the
City's current licensing requirements would prohibit establishment of an additional facility
within 1,000 feet of this site unless that facility was 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 applicant indicates that they have extensive rules for the home, stated online as well
as posted in the home within a "House Manual". Rules include (but are not limited to) no
loud parties, out of respect to the neighbors and surrounding neighborhood.
Ten neighbors signed the Adjoining Property Owner Statement indicating that they have
no objection to the issuance of a Special Use Permit for Guest Lodging for this property.
Additionally, the applicant has requested and neighbors have acknowledged that they
will personally let the applicant know if any issues should arise.
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 property is located within a residential area that was developed in
1972. Easy access to police, fire protection, and other services have been in place since
that time. The applicant indicates that they maintain a local contractor for the garbage
removal services on a regular weekly basis.
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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 business will operate under the occupancy limitations of the AMC
so that it's impact on public facilities is no greater than that of a family permanently
residing on the property. Therefore, no additional demand or requirement will be
expected from public facilities or services.
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 include any of the
concerns raised above. The primary difference for the proposed use compared to a
household living use is the frequency of guests coming and going. The applicant
indicates that guests are prohibited from creating excessive noise or participating in
activities that will negatively impact the neighborhood.
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: The site is within a Residential Low Density zone. This zone is
primarily intended for single-family dwellings and household living uses. The use is
proposed within a single-family dwelling. Limited allowances for special uses are allowed
to maintain neighborhood character. The business will operate under the occupancy
limitations of the Code, so that its impact will be no greater than that of a single-family
household living use. The applicant indicates that in the past, the majority of guests have
been families.
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: The business will operate under the occupancy limitations of the code
so that it's impact on traffic will be no greater than that of a single-family household living
use. Parking will be accommodated on-site.
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: The supportive business operations related to Guest Lodging do not
imply service trips that are different than what would be the case for a single-family
dwelling. No unusual travel will occur.
Conclusions: Therefore, it can be concluded that the use meets Residential
Standard (ii) for a Special Use Permit.
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: The business operations related to Guest Lodging will not include truck
traffic by vehicles that exceed 26,000 g.v.w.
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 dwelling will be available continuously for guests. There is a key
box for self-check in and the check in time is 4:00 PM and check out is 12 noon.
Neighbors have been requested to report any disruptive behavior to the owners. The
applicant indicates that should any disruptions to the neighborhood be identified by
neighbors, city officials, or others, the issue will be taken care of in a timely manner.
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: Guests are in most cases, here to participate in community functions
which brings revenue to the City of Ames and ISU communities.
Although the Vacation Lodging use results in a reduction of available housing for
household living use, the land will remain residential and the use can revert back to a
single-family home with a household living use at any time.
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 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.
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(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: The applicant is not proposing any changes to the existing single-family
residential dwelling. The orientation of the home and size of parking areas will allow for
full occupancy of the site consistent with the AMC in manner that is also consistent with
the surroundings. The existing home is entirely compatible with the building pattern of
the area and what has been in existence for decades. There is a hedge along the north
side of the property and a fence around the perimeter of the back yard, enclosing the
property.
Conclusions: Therefore, it can be concluded that the use meets Residential
Standard (vii) for a Special Use Permit.
(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 July 3, 2019 and which will not expire until July 2,
2021.
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 2305 Fillmore Avenue to allow a Vacation Lodging use in the "RL"
Residential Low Density Zoning District by adopting the findings and conclusions noted
above with the following stipulations reflective of the AMC Guest Lodging standards:
• Off-Street Paved Parking Spaces required: 4
• Maximum Number of Guest Bedrooms allowed: 4
• Maximum Number of Adult Guests allowed: 4
• One year of disuse will render this Special Use Permit expired and void.
• 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 2305 Fillmore Avenue to allow a Vacation Lodging use in the "RL"
Residential Low Density Zoning District by adopting the findings and conclusions noted
above with conditions and/or different stipulations than stated above.
3. The Zoning Board of Adjustment can deny this request for a Special Use Permit for Guest
Lodging at 2305 Fillmore 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.
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RECOMMENDED ACTION:
Staff concludes that the proposed Guest Lodging Vacation Lodging use, at 2305 Fillmore
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.
Although the applicant requested occupancy for five adults, the limitation by AMC standards is
for four adults and is noted as a stipulation for the Permit.
The 1000-foot separation distance will be applied during review of the license application. If
however, the property is granted a Special Use Permit. it may qualify for exemption from the
1000-foot separation distance, if an application for a Guest Lodging License is submitted within
30 days of the SUP approval.
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'
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Attachment `B'
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Attachment 'B'
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