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HomeMy WebLinkAbout~Master - Variance under Section 29.1504 of the Ames Municipal Code to allow 61-Unit multi residential property to be used as an apartment dwelling & reduce minimum number of parking spaces 11 11, [E_ CITY OF AMES, IOWA DEC 9 2021 ZONING BOARD OF ADJUSTME f-T CITY CLERK CITY OR AMES. 10%VA IN THE MATTER OF THE APPLICATION OF JUSTIN MONTGOMERY ON BEHALF OF WINDSOR TWG,LP, FOR A VARIANCE, CASE NO.21-11 SECTION 29.1504 OF THE AMES MUNICIPAL CODE,TO ALLOW A 61- PARCEL ID: 09-08-131000 UNIT MULTI-RESIDENTIAL PROPERTY TO BE USED AS AN APARTMENT DECISION & ORDER DWELLING AND TO ALLOW LESS THAN THE MINIMUM REQUIRED NUMBER OF OFF-STREET PARKING SPACES IN THE FS-RM ZONING DISTRICT AT 3709 TRIPP STREET FACTS Director of Planning&Housing Kelly Diekmann presented the application for a Variance to allow use of the 61-unit multi-residential building located at 3709 Tripp Street as an apartment dwelling and to allow 40 fewer parking spaces than is required by the Zoning Ordinance for apartment dwellings. The property at issue is located in an "FS-RM" (Suburban Residential Medium Density) Zoning District which allows Apartment Dwellings that are at most 12 units per building. The FS-RM Zoning District also allows for an unlimited building size for Independent Senior Living Uses that are approved by Special Use Permit. The property located at 3709 Tripp Street was developed as an Independent Senior Living Facility by a previous owner. In 2002, a Special Use Permit for Independent Senior Living was approved by the Zoning Board of Adjustment. Director Diekmann stated that staff reviewed the application materials and found that the requirements for a Variance have not been met. Staff did not find evidence to support any of the variance standards but were principally focused on the reasonable return standard. Director Diekmann further stated the Applicant did not show a hardship under the current zoning standards as there is a use for the property that is allowed in the zoning district; a Special Use Permit for Independent Senior Living that was granted for this property. In the application materials, the Applicant indicated the property has never been used for senior housing and has been used as regular apartment dwelling without the City's knowledge. The City cannot confirm how long this property has been used for non-senior housing.The City is aware of the non-conforming use now, and staff is in conversations with the Applicant about it. The allowable use for the property, in this zone, is senior housing. The evidence and the record do not demonstrate that the property cannot be used for senior housing. The evidence and the record say the Applicant would prefer to rent it to low-income housing because they believe there is a greater need.Director Diekmann stated that need, desirability, higher profit, do not meet the statutory requirements for a Variance in Iowa, so staff is unable to make those findings based on the evidence in the record. Staff is recommending denial of the Variance due to the lack of evidence supporting the Variance findings. Graham Parr appeared on behalf of Windsor TWG, LP. The Applicant's position is that the variance request should be granted because the buildings that make up Windsor Pointe apartments should be considered together as one entity. Mr. Parr made the following arguments regarding the variance request:not granting the variance would go against the public interest,the prior developer was unable to get a reasonable return on the land when the building was senior living facility and thus asked to amend their land use restrictive agreement(LURA) with the State, there is a unique circumstance because the Applicant is the"only one[] here for a reason",not granting the variance would change the locality as current residents would be forced to leave,the spirit of the ordinance is upheld by creating affordable living, and keeping people in their houses is a noble goal. In the application materials,the Applicant made the following arguments to the Board:the variance standards are met because the property serves the public interest by providing housing for the citizens of Ames; unnecessary hardship would result if the variance wasn't granted as the current residents of the building would be forced to vacate the property; the spirit of the ordinance will be observed because the Applicant is not negatively impacting neighborhood nor creating a need for mitigation; and substantial justice will be done because housing is a need for all citizens of Ames and granting the variance would allow the building to continue as a multi-family building without displacing any existing residents. Mr.Parr told the Board that the Applicant is seeking new funding from the Iowa Finance Authority (IFA) for low-income housing tax credit funding (LIHTC) to help cover costs of renovating the properties in the Windsor Pointe complex. In order to get an additional 30% in funding, the Applicant must submit their application and have IFA approve it before the end of this calendar year. Due to the new census, the qualified census tracts will change on January 1" and affect the amount of funding that the property can receive. Mr. Parr stated that the Applicant is requesting a conditional variance that lasts for 60 days while the property goes through the City's PUD process. The Applicant is asking the Board to grant temporary variance request so that their application for new tax credit funding can proceed immediately. Jodi Stumbo, Executive Director of the Bridge Home, and Linda Munden, 209 E 61' Street, each spoke to the Board in support of the Applicant's variance request. Ms. Stumbo and Ms. Munden both talked about the need for low-income housing in the city. Eric Eide of Nyemaster Goode appeared on behalf of Jensen Five LC, the property owner to the south of 3709 Tripp Street, and spoke against the Applicant's variance request.Mr. Eide stated that the Applicant's request should be denied as it does not meet the requirements for a variance. FINDINGS & DECISION The Board considered the facts as detailed above and provided in the staff report,and all testimony given at the hearing. The Board adopted the findings in the staff report and found that the relevant standards in Section 29.1504(4) were not satisfied by the Applicant. ORDER 2 WHEREFORE, IT IS ORDERED that the Applicant is DENIED, pursuant to Section 29.1504 of the Ames Municipal Code, a Variance to allow an Apartment Dwelling use of the property located at 3709 Tripp Street and to allow less than the minimum number of required parking spaces in the FS-RM Zoning District. 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 13th day of October 2021. u Rene Hall melia Schoeneman Secretary to the Board Chair 3