HomeMy WebLinkAboutA004 - Staff Report dated February 5, 2020 ITEM #: 4
DATE: 02-12-2020
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: February 5, 2020
CASE FILE NO.: SUP-000825
REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging
use, for the Single Family property located at 2340 Storm Street within
the RL Residential Low Density Zoning District.
PROPERTY 507 Welch Ave LLC (Jon or Patti Engelman)
OWNER:
LOCATION: 2340 Storm Street
Ames, Iowa 50014
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 2340 Storm Street. 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 two-bedroom dwelling with all two bedrooms for Guest
Lodging and four adults as guests The request for four adults is not consistent with the
occupancy standards of the Ames Municipal Code Section 13.503 that states no more
than three adult occupants may be permitted for a two-bedroom dwelling unit in a single-
family home. Approval of this request requires a stipulation noting the occupancy limitations of
the AMC. in this case three adults for a two-bedroom home.
The property owner describes the operations of the business as follows:
'Owner communicates with guests through online platforms of Airbnb and
VRBO/HomeAway. The house has two bedrooms and is advertised as allowing a
maximum of four` adults. Guests can rent from 1-30 days maximum. Electronic lock
code allows guests to check in and out at their convenience. Check in is 4:00 pm and
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check out 11:00 am. Driveway allows for off-street parking for three cars. No breakfast
service is provided. The applicants indicate that they live in town and frequently drive by
the property to check on it, especially on football or other big event weekends. As part of
our advertising, on vacation rental platforms, we require proof of identification and review
the potential guests feedback to ensure it is someone we want to rent to." 'Please Note-
Staff has indicated to the applicant the code restrictions allowing no more than three
adults.
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 standards include an exception that will allow stacked
parking to count toward the minimum parking requirement.
Only two parking spaces are required. The applicant indicates that three stacked parking
spaces are available. The property includes a one-car garage and paved driveway that is
approximately 78 feet long. The driveway can easily accommodate the required two parking
spaces without the garage.
The property has a Three-Year Letter of Compliance (Permit #RENT-002978-2017) that was
initially issued on December 22, 2017. It was renewed on December 6, 2019 and will not expire
until December 2, 2022.
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.
This is the first Vacation Lodging request that would be within 1000' of another licensed
Vacation Lodging use (504 Stanton Avenue), approximately two blocks to the north.
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.
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(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.
(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.
Conclusions: Therefore, it can be concluded that the use meets General Standard
(i) for a Special Use Permit.
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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 applicant indicates that the 1928 home was extensively renovated
after its purchase in 2017. During the renovation, the architectural elements were
maintained and the external appearance of the property improved (by painting the
house, removing overgrown vegetation, trimming the shrubbery, and adding mulch and
flowers). The applicant indicates that the property is being maintained at a standard
above the surrounding properties, which establishes a higher quality standard for the
area.
The maximum level of occupancy is three adult guests in the two-bedroom home. The
intensity of use is similar in nature to the surrounding scale of the neighborhood.
This is the first Vacation Lodging request that would be within 1000' of another licensed
Vacation Lodging use (504 Stanton Avenue), approximately two blocks to the north.
Based upon the AMC standards, this property is exempt from the strict application of the
1,000 foot separation requirement. Based upon current conditions and activities in the
area and small size of the home, the approval of a second Vacation Lodging
establishment would not cause a change to the essential character of the area.
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 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.
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 business will operate under the occupancy limitations of the code
so that its impact on public facilities and services will be no greater than that of a family
permanently residing on the property. The property owners indicate that they have had
no complaints or issues with the use of this property as a vacation home.
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.
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Findings of Fact: The business will operate under the occupancy limitations of the code
so that its impact on public facilities is no greater that a single-family household living
use. Therefore, no additional demand or requirement will be expected from public
facilities or services and it will have no impact to schools.
Conclusions Therefore, it can be concluded that the use meets General Standard
(v) for a Special Use Permit.
(vi) 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.
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 applicant states that guests generally stay only one to two nights but occasionally
may stay for a week. Demand is not continuous for 365 days per year, but rather
approximately half the year. The applicant indicates that no parties of any kind are
allowed and believes that the Guest Lodging use will not be intrusive to the
neighborhood. given that most of the surrounding homes are rentals
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
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 its impact on traffic will be no greater than that of a single-family household living
use. The property has adequate off-street parking provided so it will not create parking
issues on the street.
Conclusions: Therefore, it can be concluded that the use meets Residential
Standard (i) for a Special Use Permit.
(i i) 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
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zone that are different than the normal to and from work travel pattern in the
residential area.
Findings of Fact No difference in travel pattern from what already exists in the
neighborhood would be created by the approval of this property for vacation lodging use.
The Guest Lodging check-in time of 4 pm and check-out by 11 am fall into the normal
work/travel pattern.
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: 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 guests who stay usually arrive between 4-7 pm and leave between
8-11 am These are normal hours of people coming and going in this neighborhood.
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: 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. The property has
had an LOC for the past two years, which was just renewed.
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 house was built in 1938. It is a single story home like other homes
in the neighborhood and has had no additions. Therefore. it retains the same scale,
orientation. height, etc as the neighborhood.
The applicant is not proposing any changes. After purchase of the house a number of
years ago. a major renovation of the interior was completed. The attic room was
remodeled to create an additional family room enhancing the use of the home. The
exterior of the house was painted and the landscaping updated and trimmed as evident
in the attached photographs
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.
Findinqs of Fact: The applicant is not proposing any changes to current setbacks or
landscaping. The property has a nice front and back yard offsetting it from the neighbors
on all sides. Bushes growing on the west side minimize any noise to the home closest to
the property. 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.
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 initially issued on December 22, 2017. It was renewed on
December 6, 2019 and will not expire until December 2, 2022.
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 2340 Storm Street 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: 2
• Maximum Number of Guest Bedrooms allowed: 2
• Maximum Number of Adult Guests allowed: 3
• 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 2340 Storm Street 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 2340 Storm Street 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 2340 Storm Street 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 four adults, the limitation by AMC
standards is for three adults and is noted as a stipulation for the Permit.
The 1000-foot separation distance will be applied during review of the license application. This
is the first Vacation Lodging request that would be within 1000' of another licensed Vacation
Lodging use (504 Stanton Avenue). Given the City's current licensing requirements, this
property would be prohibited from establishing as a Vacation Lodging use. unless exempt from
the 1,000 feet separation requirement. Based upon the standards in the AMC. this property is
eligible for the exemption consideration if the property is granted a Special Use Permit and 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'
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