HomeMy WebLinkAboutA003 - Staff Report (4) ITEM #: 7
DATE: 06-10-20
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: June 1, 2020
CASE FILE NO.: EXCEPT-000961
REQUEST: Exception for a Minor Area Modification to allow a reduced setback for the
addition of an attached garage for the property located at 635 Agg Avenue.
PROPERTY OWNER: Steven & Sarah Walter
CONTACT: Steven
LOCATION: 635 Agg Avenue
ZONING: "RL" (Residential Low-Density Zone)
BACKGROUND: The property at 635 Agg Avenue has a single-family home that the
property owner desires to construct an attached garage to for additional parking and living
area. See Attachment A- Location Map, page 7. The subject property is located within
the "RL" (Residential L-Density) zoning district. The subject site is somewhat oddly
shaped but is defined as corner lot by zoning standards. The west property line is defined
as a rear setback of 20 feet and the applicant requests a five-foot exception into this
setback to allow enough width to construct a two car wide garage.
A Minor Area Modification is permitted according to Section 29.1506, to allow the
reduction of required residential rear yard setbacks for principal structures by no more
than five feet. The Zoning Board of Adjustment is authorized to grant the exception based
upon the review criteria identified in Section 29.1506(4)(d)(ii).
PROJECT DESCRIPTION: The applicant wishes to construct an attached two-car garage
on the southwest side of the house. The existing house is a one and a half-story, single-
family dwelling with an existing attached one-car garage on the northeast side of the
house. It is addressed off of Agg Avenue as its front yard, but has curvilinear frontage on
both Agg Avenue and Cessna Street making it a corner lot. Compliance with setbacks is
proving to be difficult given the shape of the lot and the curve of the public right-of way
that affects the orientation of the home in its current configuration.
This semi-pie shaped lot is considered a corner lot since Cessna Street and Agg Avenue
intersect in front of this property. Based on how the Zoning Ordinance defines how to
identify setbacks Agg Avenue has been identified as the front yard, Cessna Street, as a
street side yard. This west property line is the most opposite the front, (Agg Avenue) and
therefore by definition is the rear lot line. The rear lot line has a minimum 20 foot setback
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compared to a interior side yard setback of 8 feet for a 1.5-story home.
See Attachment B — Yard and Setback Exhibit.
In September of 2019 a partial vacation of a former public walkway was vacated and
acquired by the property owner from the City. They then completed a Plat of Survey to
adjust the property to include this former right-of-way. This adjusted the rear property line
seven feet to the west. This did provide the property owner with some additional land to
pursue an addition. Due to the siting of the existing home and the shape of the lot, it is
difficult to construct a two-car garage that would comply with all zoning regulations even
if detached rather than attached.
APPLICABLE LAW:
Chapter 29, Section 1506(5)(d), of the Municipal Code states the following:
(4) Review Criteria. Before an exception can be granted, the Board of Adjustment
shall establish that the following standards 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.]
(c) Exceptions for Minor Area Modifications. The Board may grant specific limited
exceptions for Minor Area Modifications authorized under Sec. 29.1506(4)(c) where the
Board finds:
(i) Special circumstances or practical difficulties apply to the property such that
the terms of the ordinance cannot be satisfied.
(ii) The Minor Area Modification will not be detrimental to the public health, safety
or general welfare.
(iii) The Minor Area Modification will not have a substantial negative impact upon
neighboring properties.
(iv) The Minor Area Modification does not exceed the reduction limits established
in the listing of Minor Area Modification in Section 29.1506(4)(c)(i),(ii), or (iii)
whether the limits are reached by a single exception or serial exceptions.
(v) The Minor Area Modification does not authorize a use or activity not otherwise
expressly authorized by the regulations within the zoning district in which the
property is located.
(vi) The Minor Area Modification is in conformity with the intent and purpose of
the zoning ordinance and the general plan of the community.
(vii) The Minor Area Modification is the minimum necessary to achieve the
desired result.
(viii) The Minor Area Modification does not alter the applicant's obligation to
comply with other applicable laws or regulations.
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(e) Recording of Minor Area Modifications. The applicant must record an approval of a
Minor Area Modification in the office of the County Recorder in order to make effective
the approval.
PUBLIC NOTICE:
Notification of the public hearing was made to all owners of property within 200 feet. In
addition, a notice was published in the newspaper and a sign placed in the front yard at
635 Agg Avenue.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description and attached site plan the following findings of fact
and conclusions may be made:
1. Special Circumstances- The existing house located at 635 Agg Avenue, was built in
1940 and only one addition has been made since original construction. The lot is an
irregular pie shape with the home being located towards the front of the lot giving it
the appearance of sweeping front yard along two streets, rather than that of a
rectilinear traditional corner lot. Given the angle of the rear and side property lines, a
garage would not fit in line with the existing house even if it would be detached and
shifted back. Several iterations were talked through by Staff and this is the best option
and in line with what the property owner desires in having a two-car garage without
significantly impair the use of the rear yard.
2. Health Safety- The addition of a second detached garage does not impact the health
and safety of this property or the neighborhood. The proposed setback of 15 feet
exceeds minimum setback requirements. The City's Traffic Engineer has reviewed
and approved the location of the proposed driveway.
3. Impact on Neighbors- The proposed garage will not have an impact on the general
character of the homes in the area. While the property line is a rear yard by definition
although in appearance it functions as a side yard. The garage would encroach into
the required rear setback, but is set back farther than required if this were a side yard.
Therefore there should be no impact on the neighbors.
On street parking is not allowed in front of this property, so the addition of a curb cut
for a new driveway would not impact on street parking.
4. Does Not Exceed the Reduction Limits- The reduction allowed in Section 29.1506
allows no more than five feet of an exception into the rear yard. The garage is shown
to be right at the five foot maximum allowed and be setback 15 feet from the rear
property line. See Attachment C- Plan Detail.
5. Allowed Use- The proposal is for an attached two-car garage. The existing attached
garage will remain as is. The new curb cut has been approved by the City's Traffic
Engineer. The use as a single-family home is not changing.
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6. In Conformity with Intent and Purpose of the Zoning Ordinance and General
Plan- The R-L Zone requires a 20-foot rear setback. The proposed attached garage
will sit at a 15-foot setback. Staff believes that the proposed garage fits the intent of
minor area modification allowance because of the shape of the lot and the siting of the
existing home on the site.
7. Minimum Necessary- The Minor Area Modification is the minimum modification
needed in order for the proposed garage. The addition will be in compliance with all
other zoning regulations of the RL District.
ALTERNATIVES:
The Zoning Board of Adjustment may approve, modify or deny the request.
1. The Zoning Board of Adjustment may approve an Exception for a Minor Area
Modification to allow a reduced setback for the construction of an attached two-car garage
located at 635 Agg Avenue, by adopting the findings of fact and conclusions stated herein
and with the following conditions applied:
• The applicant must record the approval of this Minor Area Modification in the office
of the County Recorder, in order to make effective the approval;
• The garage must be built in substantial conformance with the attached plans; and
• The garage must maintain a minimum 15-foot setback from the rear property line.
2. The Zoning Board of Adjustment may approve an Exception for a Minor Area
Modification to allow a reduced setback for the construction of an attached two-car garage
located at 635 Agg Avenue with different conditions, by adopting its own findings of fact
and conclusion and conditions.
3. The Zoning Board of Adjustment may deny the Minor Area Modification to allow a
reduced setback for the construction of an attached two-car garage located at 635 Agg
Avenue, if the Board finds and concludes that the proposed Exception is not consistent
with adopted policies and regulations, or that the Exception will impose impacts that
cannot be reasonably mitigated.
4. The Zoning Board of Adjustment may table this request for an Exception for a
Minor Area Modification and request additional information from City staff or the applicant.
RECOMMENDED ACTION:
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 with conditions, allowing an Exception for a Minor Area
Modification to allow a reduced setback for the construction of an attached two-car garage
located at 635 Agg Avenue, by adopting the findings of fact and conclusions stated herein.
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Attachment B
Yard Exhibit
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Attachment C
Site Plan
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SITEPLAN CHECK
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