HomeMy WebLinkAboutA11 ITEM #: 21-06
DATE: 05-26-21
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: EXCEPTION FOR A MINOR AREA MODIFICATION TO ALLOW A
REDUCED SETBACK FOR THE CONSTRUCTION OF AN EGRESS WINDOW WELL
ON THE PROPERTY AT 135 N. RUSSELL AVENUE.
BACKGROUND:
The property owner proposes to construct an egress window on the south side of the
single-family dwelling at 135 N. Russell Avenue (Attachment A — Location Map). The
proposed window well would extend two feet into the eight-foot minimum required side
yard setback. The applicant's drawing (Attachment B — Yard & Setback Exhibit) shows
the egress window well extending one and one-half feet into the setback. An additional
six inches is needed for insulation on the outside wall of the window well. The requested
exception for a minor area modification is two feet.
An opening (six feet wide) would be cut in the wall of a basement bedroom leading to the
window well. The window well would be covered with three windows (two fixed and one
that opens for egress). The windows would angle upward from grade to the south wall of
the house directly below a first-floor window (Attachment C— South and East Views). The
center window would open on hinges to the side to serve as egress from the basement.
The property owner wants to maximize the sunlight coming into the basement creating a
mini-greenhouse effect in that area of the basement. The intent is also to bring the
basement bedroom into conformance with building regulations by adding the egress. A
building permit would be required for the egress that is in conformance with Chapter 5
(Building, Electrical, Mechanical and Plumbing Code) of the Municipal Code.
The subject property is zoned as UCRM (Urban Core Residential Medium Density) which
allows single-family dwellings as a permitted use. The use of the structure will not change
as the result of granting the exception.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant's complete
application and supporting information accompany this report. These materials include
the applicant's responses describing how the proposal meets the standards for an
exception for a minor area modification.
APPLICABLE LAW:
A Minor Area Modification is permitted according to Section 29.1506(4)(d)(i), to allow the
reduction of required residential side yard setbacks for principal structures by no more
than two (2) feet. The Zoning Board of Adjustment is authorized to grant the exception
based upon the review criteria identified in Section 29.1506(5)(d).
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Chapter 29, Section 1506(5)(d), of the Municipal Code states the following:
(5) Review Criteria. Before an exception can be granted, the Board of Adjustment
shall establish that the following standards have been or shall be satisfied:
(d) Exceptions for Minor Area Modifications. The Board may grant specific limited
exceptions for Minor Area Modifications authorized under Sec. 29.1506(4)(d)
where the Board finds: (See standards listed in the Addendum.)
(e) Recording of Minor Area Modifications. The applicant must record an
approval of minor area modification in the office of the county recorder in
order to make effective the approval.
PUBLIC NOTIFICATION:
Notification of the public hearing was made to all owners of property within 200 feet of the
subject property. In addition, a notice was published in the newspaper, and a sign was
placed on the property at 135 N. Russell Avenue.
ALTERNATIVES:
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 egress window well
for the property located at 135 N. Russell Avenue by adopting the findings of fact and
conclusions stated herein with the following conditions:
• The egress window and window well must be built insubstantial conformance with
the proposed plans attached to this report; and
• The egress window well must maintain a minimum six-foot setback from the side
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 egress window well
for the property located at 135 N. Russell Avenue by adopting its own findings of fact,
conclusions, and conditions.
3. The Zoning Board of Adjustment may deny the Exception for a Minor Area
Modification to allow a reduced setback for the construction of an egress window well
for the property located at 135 N. Russell 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.
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PLANNING AND HOUSING DEPARTMENT RECOMMENDATION:
Based upon the Findings of Fact and Conclusions in this report, 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 egress window well for
the property located at 135 N. Russell Avenue, by adopting the findings of fact and
conclusions stated herein.
S:\PLAN—SHR\CounciI Boards Comm issions\ZBA\M inor Area Modification\135 N Russell Ave EXCEPT 05-26-21.docx
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ADDENDUM
Section 29.406(5). Review Criteria. Before an exception can be granted, the Board of
Adjustment shall establish that the following standards have been or shall be satisfied:
(d) Exceptions for Minor Area Modifications. The Board may grant specific limited
exceptions for minor area modifications authorized under Section 29.406(4)(d) where the
Board finds:
(i) Special circumstances or practical difficulties apply to the property such
that the terms of the ordinance cannot be satisfied.
Findings of Fact: As built, this portion of the south wall of the house is ten feet
from the property line. The minimum required projection of a window well from the
basement wall (not including the outer wall of the window well) is thirty-six inches
(three feet) according to the current building code. This would require an
encroachment of approximately one and one-half feet into the eight-foot minimum
setback if the outer wall of the window well is six inches wide. The property owner
is proposing an encroachment of two feet, which is the maximum allowed for a
Minor Area Modification. The remaining side yard setback from the property line
would be six feet if the exception is granted.
Conclusions: The circumstances of this proposal are such that only a two-foot
encroachment into the minimum eight-foot setback is needed since this portion of
the south wall was constructed ten feet from the property line instead of only eight
feet. The building code requirements for minimum dimensions of an egress
window well presents practical difficulties in constructing the egress window
outside the minimum required setback of eight feet. Therefore, it can be
concluded that the proposed egress window well meets Standard (i) for an
Exception for a Minor Area Modification.
(ii) The Minor Area Modification will not be detrimental to the public health,
safety, or general welfare.
Findings of Fact: There will be no new negative impacts on public health, safety,
or general welfare that would result from the granting of this exception. The egress
is required for the basement bedroom to meet Code.
Conclusions: The proposed window well will be enclosed with wood materials and
three windows. Only the center window will open for egress from the basement.
The other two windows will be fixed and not designed to open. The egress window
well will bring the basement bedroom into conformance with the current
requirements for egress. Therefore, it can be concluded that the proposed
egress window well meets Standard (ii) for an Exception for a Minor Area
Modification.
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The Minor Area Modification will not have a substantial negative impact
upon neighboring properties.
Findings of Fact: The egress window well would be separated from the
neighboring property to the south by a six-foot setback from the south property
line. The neighbor's house is approximately twenty feet from that same property
line. In that twenty feet is a paved drive fifteen feet wide and a grass strip five feet
wide. A total of approximately twenty-six feet would separate the house at 135 N.
Washington Avenue from the house at 121 N. Washington Avenue. The proposed
location for the window well is ten feet from the property line, as measured from
the south property line to the wall of the house. The ten-foot distance is two feet
more than the minimum required side yard setback in the UCRM zone. This
additional two feet would reduce encroachment of the window well into the setback
and reduces any negative impact upon neighboring properties.
Conclusions: The exception is needed for an egress window well which is much
smaller in scale than a building addition to the south side of the house. Given the
scale of the project, the negative impact on the neighboring properties is minimal.
Therefore, it can be concluded that the proposed egress window well meets
Standard (iii) for an Exception for a Minor Area Modification.
(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.
Findings of Fact: The requested reduction in setback is two feet which is within
the limits set for a Minor Area Modification. There have been no other exceptions
granted for setbacks on the subject property.
Conclusions: The requested exception meets the limits on encroaching into the
required minimum setback from the side lot line. No other exceptions for the
subject property have been approved previously. Therefore, it can be concluded
that the proposed egress window well meets Standard (iv) for an Exception
for a Minor Area Modification.
(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.
Findings of Fact: The current and proposed use of the property is single-family
residential, which is an allowed use in the UCRM zoning district.
Conclusions: The property owner is not proposing any change in use nor other
activity not permitted in the UCRM zoning district. Therefore, it can be concluded
that the proposed egress window well meets Standard (v) for an Exception
for a Minor Area Modification.
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(vi) The Minor Area Modification is in conformity with the intent and purpose of
the zoning ordinance and the general plan of the community.
Findings of Fact: The Zoning Ordinance requires that any addition or remodeling
comply with the existing zoning standards. However, Sec.29.1506 allows the
Zoning Board of Adjustment to give consideration, for an exception to the side yard
setback by no more than two feet. The applicant is requesting two feet. The
proposed addition complies with all other setbacks.
Conclusions: The applicant's request for an exception conforms to items in the
Zoning Ordinance for which an exception may be granted. It also conforms to limits
that have been established in the Ordinance for encroachments into the side yard
setback. Therefore, it can be concluded that the proposed egress window
well meets Standard (vi) for an Exception for a Minor Area Modification.
(vii) The Minor Area Modification is the minimum necessary to achieve the
desired result.
Findings of Fact: An exception is needed only for the south side yard
setback. The minimum dimensions needed for an egress window well
necessitates the encroachment of two feet, for the window well to meet
minimum required dimensions.
Conclusions: Granting of the exception would enable the applicant to comply with
building code requirements for minimum dimensions of an egress window well.
Therefore, it can be concluded that the proposed egress window well meets
Standard (vii) for an Exception for a Minor Area Modification.
(viii) The Minor Area Modification does not alter the applicant's obligation to
comply with other applicable laws or regulations.
Findings of Fact: All other obligations to comply with applicable laws or regulations
are not affected by this modification and are not being considered through this
application.
Conclusions: The applicant will be required to comply with all other applicable laws
adopted by the City. Therefore, it can be concluded that the proposed egress
window well meets Standard (viii) for an Exception for a Minor Area
Modification.
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Attachment B — Yard & Setback Exhibit
RECEIVED
APR 3 0 2021
CITY OF AMES IA
DEPT OF R MWING AND HOUSING
121 N RUSSELL AVE,Ames IA 135 N Russell Ave,Ames IA- Home in question
Neighbor to the South New Egress/extra natural light
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