HomeMy WebLinkAbout~Master - Special Use Permit for Guest Lodging to allow a Vacation Lodging Use at 703 Kellogg AvenueC, l I,' `,( j`A, /', P), P,,, (`, L � '��,,'S C), 1� � F � C
APR f,2020
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"'TI-Y UFANAES, ZONING BOARD OF ADJUSTMENT
C111
IN THE MATTER OF THE
APPLICATION CASE NO. 20-19
OF THE BARBARA AMES REVOCABLE
TRUST, SECTION 29.1503 OF THE AMES GEOCODE NO. 09-02-328-070
MUNICIPAL CODE, FOR GUEST
LODGING TO ALLOW A VACATION DECISION & ORDER
LODGING USE IN THE RM AND O-SFC
OVERLAY DISTRICT AT 703 KELLOGG
AVENUE
FACTS
Planner Ray Anderson presented this application received December 13, 2019, for a Special Use
Pen -nit (SUP) to the Board. Applicants Alex Charnow and Debra Goraczkowski, as Trustees of
the Barbara Ames Revocable Trust, own the property at 703 Kellogg Avenue. This structure is a
duplex located within a "RM" Residential Medium Density (RM) Zoning District and the (0-SFC)
Single Family Conservation Overlay District, The second floor of the property (numbered 705
Kellogg Avenue), is used as a rental and is not the subject of the Applicant's request for a SUP.
Applicant seeks a SUP for the purpose of using the main floor, which is a one -bedroom unit, of
the house as Vacation Lodging. The property has a three-year Letter of Compliance that expires
on July 17, 2021.
Planner Anderson presented the staff report and findings and noted that the Applicants' request
would allow use of the property for guest stays of up to 31 days without the property owner being
present. Vacation Lodging requires one parking space per approved bedroom. In total the structure
requires three parking spaces (one parking space for 703 Kellogg Avenue and two parking spaces
for 705 Kellogg Avenue). Currently, the property includes a nonconforming gravel driveway and
parking area. Applicant submitted a proposed paved driveway and parking area for the site and a
9' x 19' paved spot is required for each mandated parking space. The report presented by Staff
includes an in-depth discussion of the parking requirements and plans and recommended that the
Board condition the SUP upon paving the driveway and parking area per City requirements within
nine months of approval of the Guest Lodging License.
Staff concluded that the proposed use could operate in a manner compatible with the surrounding
uses. Furthermore, the Staff Report found that the proposed Vacation Lodging use met the
requirements and standards to grant a SUP and recommended approval. Staffnoted that operation
of the Vacation Lodging use is further 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, and operation without an active license is a violation of City Code.
Staff indicated that the 1000 foot separation requirement imposed at the time of licensure, which
occurs subsequent to the approval of a SUP, will not apply provided that the application for Guest
Lodging licensure is received within 30 days of SUP approval. Exemption from the separation
2
requirement will terminate if the Guest Lodging license for the unit is suspended, revoked or
lapses. Furthermore, exemption from the separation requirement is not transferrable to any
subsequent owner of the property.
Scott Valline, who lives at 705 Kellogg Avenue, appeared at the time of hearing and indicated his
support of the Application. No other evidence from neighbors was received prior to the hearing
and none was presented.
The Board considered the facts as detailed above and as provided in the Staff Report and found
that all of the relevant standards in Section 29.1503 were met and established by the Applicant.
WHEREFORE, IT IS ORDERED that the Applicant is GRANTED, pursuant to Section 29.1503
of the Ames Municipal Code, a Special Use Permit for Guest Lodging to allow a Vacation Lodging
use in the RM and O-SFC Zoning District at 703 Kellogg Avenue, with the following stipulations
reflective of the AMC guest lodging standards and one condition:
1. One (1) off-street paved parking space required.
2. Maximum of one (1) guest bedroom allowed.
3. Maximum of three (3) adult guests allowed.
4. One (1) year of disuse will render this Special Use Pen -nit expired and void.
5. The Special Use Pen -nit is not transferrable to any subsequent owner of the property.
With the following condition: The gravel driveway must be paved to City standards, as
described in the Staff 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.
.Any person desiring to appeal this decision to a court of record may do so within 30 days after the
filing of this decision.
Done this I Ph day of March, 2020.
TJaic ue H gins
g
Secretary to the Board
Amelia Schoeneman
Chair