HomeMy WebLinkAboutA003 - Report (4) ITEM #: 3
DATE: 03-11-20
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: March 6, 2020
CASE FILE NO.: SUP-000821
REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging
use for the property located at 703 Kellogg Avenue within the "RM"
Residential Medium Density Zoning District, and the "O-SFC" Single
Family Conservation Overlay District.
PROPERTY Barbara Ames Revocable Trust
OWNER: Debra Goraczkowski, Trustee
Alexander R. Charnow, Trustee
LOCATION: 703 Kellogg Avenue
ZONING: "RM" (Residential Medium Density Zone)
"O-SFC" (Single Family Conservation Overlay District)
BACKGROUND AND PROJECT DESCRIPTION:
The requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in a duplex
(two-family dwelling) located at 703/705 Kellogg Avenue. The site is located within the RM"
Residential Medium Density Zone, and the O-SFC" Single Family Conservation Overlay District. The
first floor unit is the one proposed as Vacation Lodging. The second floor unit is a rental, and will
remain as household living.
Vacation Lodging is a term that applies to the use of one unit of a two-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 one-bedroom dwelling unit with one bedroom available for
Guest Lodging, and with two adults as guests. The other unit is a two-bedroom unit that will remain a
rental unit for household living. The request for adults is 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 one-bedroom dwelling unit.
The property owners describe the operations of the business as follows:
• Owners of 703 Kellogg are Ames. Iowa, landlords who have kept this apartment as their
secondary residence since 2016. We feel it is important to have a home base in the community
to efficiently maintain our properties; however, the unit is only used on a part time basis. and
is vacant several months a year.
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• Due to the property's ideal location in the heart of the historic district we would like to offer this
apartment as a vacation rental during periods when it is not being used for our personal needs.
Proximity to shopping and dining allow visitors to truly experience the beauty of downtown
Ames without the necessity of motor travel or public transportation.
• The owners will coordinate all reservations with guests screened and scheduled through Airbnb
or VRBO. Guest will be strictly limited to 2 adults per stay, no small children, and service
animals only.
• This unit is rental compliant with adequate off-street parking for at least 2 vehicles. The upper
unit in this duplex is occupied by a single individual who will be in charge of checking in the
guests, and maintaining the apartment in our absence. Quiet hours of 9 PM to 8 AM will be
strictly enforced and no parties will be allowed.
• As a fully furnished apartment, guests will have a true "home away from home", be able to
provide their own food and cook their own meals, which would be an added bonus to individuals
on special diets.
• We anticipate most guests on football weekends, graduation, and other occasional visitors to
Ames, most coming to ISU for conferences in summer months, or to visit family members.
• Due to infrequent occupancy expected, the small building footprint of approximately 1,163
square feet on a 7,200 square foot lot, and limited number of guests, we feel the impact on the
neighborhood would be negligible.
Parking must comply with the dimensional, location, and paved 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 for stacked driveway parking related to
one and two family dwellings.
The property includes a nonconforming gravel driveway and parking area. To conform to the Zoning
Ordinance this area must be paved to city standards. A minimum of three (3) parking spaces are
required, with two (2) for the rental unit, and one (1) for the one-bedroom vacation lodging. Minimum
dimensional requirements of 9'x19' are required for each space.
The proposed driveway and parking for the site (see Attachment C) utilizes all of the existing paved
surface in the northwest corner of the lot where there was previously a single car garage. The paving
would be widened from twelve feet to eighteen feet to accommodate two vehicles side-by-side in the
rear yard. The third parking space is stacked behind the two spaces, and utilizes existing paving for
all but about three feet. The third parking space also provides room for maneuvering of vehicles to
back out of the driveway on the concrete strips. In this configuration two of the three parking spaces
could move independently, without the need to move a third vehicle, provided the two vehicles are
parked side-by-side and there is no third vehicle parked in the driveway behind them. The property
owner would prefer to construct concrete strips for the driveway leading to the parking spaces. The
Municipal Engineer has approved this alternative to paving the full 9-foot width of the driveway.
The property has a three-year Letter of Compliance that was issued on July 17, 2018 and will expire
on July 17, 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 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,
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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.
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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.
(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.
Section 35
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 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 two-family
dwelling that is consistent with the existing 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.
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Findings of Fact The applicant states that the house was built in 1890. No cosmetic changes
are proposed which would cause the property to stand out differently from the other area
homes. The property is located within the Old Town Historic District (a local district). Overall,
the property fits well in the neighborhood. The property is bordered on three sides by
residential properties. To the north is a 9-unit apartment building. To the east and west are
single-family detached dwellings, and to the south is a church on the opposite side of 7'" Street.
The intensity of use is similar in nature to the surrounding scale of the neighborhood. 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 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 duplex is located on the northwest corner of Kellogg Avenue and 71r
Street. Easy access for police and fire protection. and other public services are already in
place. 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.
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 code so
that its impact on public facilities is no greater than a single-family household living use.
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.
(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.
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(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 the RM (Residential Medium Density Zone). This zone is
intended to serve as a transition from high-density residential areas to low-density residential
areas. The use is proposed within an existing two-family dwelling, which is a permitted use in
the RM zone. 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. One to
two vehicles are likely to be in use as guests occupy the property (same as if it were a private
home). The landlord, or long term tenants living in the other unit, will need to coordinate parking
with those in the guest lodging unit.
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 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.
(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: As the dwelling unit is available for guests, standard hours of use will apply.
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 two-
family structure with a household living use in each unit, at any time. Only one of the two units
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of the duplex may be used for Vacation Lodging. The other unit must remain available for
household living.
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 two-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 (vii)
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: The applicant is not proposing any changes to the existing two-family
residential dwelling. The orientation of the home and size of parking areas, once paved, will
allow for full occupancy of the site consistent with the Ames Municipal Code in a 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 (LOC).
The LOC was issued on July 17. 2018, and will expire on July 17, 2021.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard (viii)
for a Special Use Permit.
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ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest
Lodging at 703 Kellogg Avenue to allow a Vacation Lodging use in the "RM" (Residential Medium
Density Zone), and the "O-SFC" (Single Family Conservation Overlay District) by adopting the
findings and conclusions noted above with the following stipulations reflective of the AMC guest
lodging standards and one condition:
• Off-Street Paved Parking Spaces required: 1
• Maximum Number of Guest Bedrooms allowed: 1
• Maximum Number of Adult Guests: 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.
Condition: The gravel driveway must be paved to City standards, as described in this report,
including approval of the paving plan for the driveway and parking. Improvement of the driveway
is required no later than nine months from the issuance of a Guest Lodging License.
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 703 Kellogg Avenue to allow a Vacation Lodging use in the "RM" (Residential Medium
Density Zone), and the"O-SFC (Single Family Conservation Overlay District) 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 703 Kellogg 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 703 Kellogg 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.
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.
Site improvements are needed to comply with the Zoning Ordinance if the Permit is approved. The
ZBA has some discretion on timing of the improvement, including requiring them to be in place prior
to the issuance of a Guest Lodging License. In this instance, staff proposes the improvement of the
driveway as a condition of approval be tied to the issuance of guest lodging license and allowing the
improvement to occur relatively soon after the operation of use. If the applicant does not comply with
the condition they would be in violation of the Special Use Permit and the Guest Lodging License,
subjecting them to revocation of the license and permits.
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 C
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