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HomeMy WebLinkAbout~Master - Special Use Permit to allow Enlargement of a Nonconforming Use for the property located at 120 Abraham DriveCITY OF AMES, IOWA ZONING BOARD OF ADJUS IN THE MATTER OF THE APPLICATION OF ACTORS, INC. FOR A SPECIAL USE PERMIT TO ALLOW ENLARGEMENT OF A NONCONFORMING USE IN THE RH ZONING DISTRICT FOR THE PROPERTY LOCATED AT 120 ABRAHAM DRIVE FACTS CASE NO.20-25 FI 'JUL 01 2020 GEOCODE NO. 09-08-103-110 DECISION & ORDER Applicant Actors, Inc. and Nick Hulstrom of RMH Architects are seeking a Special Use Permit to allow Enlargement of a Nonconforming Use for the property located at 120 Abraham Drive within the Residential High -Density (RH) Zoning District, City Planner Eloise Sahlstrom introduced the request, reviewed the site plan, and project description. A Special Use Permit was previously granted on May 22, 2019 but had lapsed before construction could begin. Additionally, the lapse occurred before an extension could be requested. The proposed request is for the same previously approved project. Staff recommended approval consistent with the conditional approval that was issued in May 2019. The property at 120 Abraham Drive is the permanent location of ACTORS, which operates a community theater. The property is located at the edge of the RH (Residential High Density) Zoning District, adjacent to RL zoned (Residential Low Density) properties to the south. The RH zone allows for a variety of residential housing types from single-family to apartment dwellings. Community theater is categorized as an "Entertainment, Restaurant and Recreational Trade" use within the Zoning Ordinance and is not an allowed use within the RH (Residential High Density) zone. The rezoning of the property made both the building and its use "nonconforming," meaning that the use existed as a lawfully established use, prior to adoption of the current zoning for the property. The building was built with a 15-foot rear setback as required under GC; the rear setback requirement in RH is 20 feet. The site is also nonconforming for parking design and landscaping requirements of the Zoning Ordinance. Nonconforming uses may continue and are allowed to expand on a limited basis when there is not an increase in intensity and the building enlargement complies with zoning standards, including a limitation on a maximum expansion of 125% of the existing floor area. A Special Use Permit is required to approve an expansion to determine if the project is compatible with the surroundings. In addition to use and structure nonconformities, other nonconformities related to site improvements are required to be approved as practicable but are not required to come into full conformance with changes to the site. Other nonconformities include features such as parking, landscaping, lighting, etc. The proposed first -floor addition will be utilized for an entry corridor, entry vestibule, and gathering space. The second -floor addition will be utilized for costume storage space. The intensity of use is based upon seating capacity and as a nonconforming use cannot be expanded. The expansion will not increase the seating capacity. The current seating capacity of the theatre is 136 and will remain at 136, Expansion of the building is allowed only if it does not increase the nonconformity. Thus, the building can expand only if the building meets the required setback. The proposed expansion is at the front of the building where the setback is not constrained. Abraham Drive and Todd Drive are local streets, with low volumes of traffic. A sidewalk exists along the front of the property. A proposed sidewalk connection has been included between the public sidewalk and the building, as required in the Zoning Ordinance. The proposed changes to the parking lot will result in accommodating a total of 40 parking spaces, including two ADA-compliant accessible spaces. Lighting will include a display for temporary banner signage. Additionally, accent lighting is proposed to highlight the building fayade and building marquee. The applicant indicates that the building accent lighting will only be illuminated 80 nights a year. Lights will be turned off by 11:00 p.m. The applicant notes that during the summer months the illumination will be for a shorter period of time, given the lengthened daylight hours. The expansion of the parking lot requires the inclusion of a landscape high screen between the parking and the adjacent residential properties. The applicant proposes a 6-foot privacy fence along the south and west property perimeter as part of the high screen, along with seven overstory trees and fifteen high screen shrubs. Seven overstory trees will be planted to meet the parking lot tree requirement. The landscape plan meets the required landscaping for the new parking area. The existing entrance drive will remain in its current location. At the entrance to the site, most of the existing area is paved making it difficult to comply with front yard landscaping. However, a new landscape area will be created on the south side of the entrance and will include seven low shrubs to help bring the site closer to compliance with the front yard landscaping requirements. Applicant Mike Jackson, 5615 Thunder Road, Ames, Iowa testified under oath that Ms. Sahlstrom did a great job in explaining the background of the facility. He said the changes being made will enhance the appearance of the building and will better accommodate everyone using the building. Board Chair Schoeneman stated that she knows the applicant's architect, Mr. Hulstrom, but this case has never been discussed. DECISION The Board considered the facts as detailed above and provided in the Staff Report and the application materials 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 to allow Enlargement of a Nonconforming Use for the property located at 120 Abraham Drive with the following conditions: 1. The building and accent lighting will be illuminated no more than 80 nights a year and lighting will be turned off by 11:00 p.m. 2. Evening (after 6:00 p.m.) performances and events shall be limited to 80 days in a calendar year. 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 1 Ott' day of June, 2020. VX&) Diane Voss City Clerk Amelia Schoeneman Chair