HomeMy WebLinkAboutA003 - Staff Report September 8, 2021 ITEM # 21-02
DATE: 09/08/21
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
CASE FILE NO.: VAR-001287-2021
DATE PREPARED: September 1, 2021
APPLICATION
FOR VARIANCE: To allow construction of a detached accessory
structure within the front yard with a reduction of the
minimum required rear yard setback from 20 feet to
approximately 3 feet and a reduction of the minimum
front yard setback from 25 feet to 23 feet.
APPLICANT: Bruce Runner
LOCATION: 1227 Carroll Avenue (See Attachment A)
ZONING: Urban Core Residential Medium Density (UCRM)
BACKGROUND:
Bruce Runner, applicant, owns the home at 1227 Carroll Avenue. Mr. Runner is
requesting approval of a variance om order to construct a new garage. The proposal
places the structure to the south of the existing home in areas of the site defined as the
rear yard and as areas defined as the front yard. The property is zoned "UCRM" (Urban
Core Residential Medium Density) and has a small single-family home (approximately
550 sq. ft.) on the property at this time. A one-car garage used to exist on the site and
was recently demolished.
This request is for a detached accessory structure to be constructed on the south side
of the existing residential structure. An accessory structure is defined within the Zoning
Ordinance as a subordinate structure that is detached, and the use is incidental and
accessory to the use of the principal building. The applicant is wanting to construct a 24
x 36 (864 sq. ft.) detached two-car garage with additional space. The driveway would
match the width of the two-car garage door with per the Zoning Ordinance driveway
standards.
The property owner has recently completed the requirement to record a plat of survey
for the property in order to obtain building permits for improvements to the property. The
City requires a plat of survey for properties that were created by the division of land
through a deed or contract conveyance, initially created or established without the
benefit of City review and approval. This conveyance parcel was first created some time
in the 1970s.
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This is a corner lot in the UCRM District. Carroll Avenue is adjacent to the property on
the east side and E. 131h abuts the property to the north. Based upon definitions in the
Zoning Ordinance, the front yard applies to Carroll as it is the location basis of the
address and therefore requires a twenty-five foot front yard setback. Additionally, the
front yard itself is larger than the setback minimum and covers all area between the
front fagade, including recessed areas, and the street. The rear yard, most opposite
the front, requires a twenty-foot setback. Complying with the setbacks results in only
five feet in width for buildable area for the lot, regardless of an addition to the home or
as a detached structure.
The current home appears to be built at a time when E 13th was considered a front yard
and Carroll was a street side yard. Under that that circumstance the north property line
along E 13th would have a 25-foot setback, Carroll would have a 15-foot setback, the
west property line would have a 6-foot setback, and the south property line would be the
rear with a 20-foot setback. Previous front yard zoning ordinance definitions allowed a
property owner to choose the front. The existing residence and previously existing
garage met setback requirement if 13th Street were considered as the front.
Accessory buildings have specific provisions (29.408(7)) that address overall size and
location, including reduced setbacks in some situations (See applicable law below). The
applicant proposes a rear yard setback of three feet and a front yard setback of twenty-
three feet. The Zoning Ordinance does allow a rear yard or a side yard setback to be
reduced to three feet when an accessory structure is located wholly out of the front yard
on a corner lot (Section 29.407(7)(i)(b)) or when wholly within the rear yard when not on
a corner (Section 29.407(7)(i)(c)). The applicant based his request of this exception
language, although they do not directly apply to this circumstance. While it is not
possible to locate an accessory structure wholly within the rear yard at this property, the
three-foot setback is not inconsistent with what may exist on other properties throughout
the City.
The proposed front yard setback of twenty-three feet is two feet less than what is
required in the UCRM district. If the two-foot encroachment is allowed the structure
would not extend beyond the primary front fagade of the house where the front door is
located. However, it would be located in the front yard due to the configuration of the
home with a recessed fagade element at the southside of the house. The applicant
contends that with the 23-foot setback based upon the setback of the primary fagade
the garage is compatible with the surroundings.
The City requires two parking spaces for single-family homes, but does not require
covered parking. Uncovered parking can be built within a rear yard setback without a
variance but not within a front yard (Section 29.406(7)(g)). The front yard is measured
as the open space between the property line and the face of the structure. The face of a
structure is any and all portions of the structure fronting on a street. There is a recessed
fagade on the south side of the residence creating an approximately 32-foot front yard
and an 18-foot-deep side/rear yard area. Parking of any size, whether open or covered,
would not be able to be constructed on the site and comply with applicable setbacks. A
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required parking spaces must be a minimum of 9 x 19 feet.
APPLICABLE LAWS:
Table 29.703(3)
Urban Core Residential Medium Densi UCRM Zone Development Standards
DEVELOPMENT STANDARDS UCRM ZONE
Minimum Lot Area
Single Family Dwelling 6,000 sf
Two Family Dwelling 7,000 sf
Single Family Attached Dwelling 3,500 sf per unit
Apartment Dwellings Over 2 Units 7,000 sf for the first two units and 1,800 sf
each additional unit
Minimum Principal Building Setbacks:
Front Lot Line 25 ft.
Side Lot Line 6 ft. for one story;
8 ft. for 2 stories;
8 ft. for 3 stories;
15 ft. for side lot line abutting public right-
of-way on a corner lot
Side Lot Line (party wall line for Single 0 ft.
Family Attached Dwelling
Rear Lot Line (single family attached with 0 ft.
party wall)
Rear Lot Line (All other real yard lot lines 20 ft.
except party wall line
Minimum Frontage 35 ft. @ street line,
50 ft. @ building line
Maximum Building Coverage 35% Single Family Dwelling;
40% all others
Maximum Site Coverage (includes all 60%
buildings, paving and sidewalks on lot
Minimum Landscaped Area See Article 29.403
Maximum Height 40 ft. or 3 stories, whichever is lower
Principal Building
Maximum Height See Sec. 29.408(7)(a)(ii)
Accessory Building
Drive-Through Facilities No
Outdoor Display No
Outdoor Storage No
Trucks and Equipment No
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29.406(7)(g) Off-Street Parking
(g) As used in this section, front yard means the open space in that portion of a yard
between the street and the face of the structure and a line originating from the left side
of the lot and extending to the right side of the lot. The line, as viewed from the street,
shall extend parallel to the street to the nearest corner of the principal structure and
then along the face of the principal structure to the right corner, and from that point on a
line parallel to the street to a point on the right lot line. As used in this section, the face
of a principal structure shall be any and all portions of the structure fronting on a street.
The front yard shall not include any portion of the city right-of-way. A corner lot shall be
deemed to have two front yards.
29.407(7) Requirements for Private Garages and Other Accessory Buildings.
(a) The following requirements apply to private garages and accessory buildings in
Agricultural, Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. No detached garage or accessory building is allowed in the front yard,
or within the side yard setback adjacent to public right-of-way in the case of
corner lots. (Ord. No. 3595, 10-24-00, 3738, 10-14-03)
b. A detached garage or accessory building wholly or partially within the
side yard shall meet all the same side setbacks as required for the
principal building except in the case of a corner lot. In the case of a corner
lot a garage or accessory building may be placed within 3 feet of the side
lot lines, provided the garage is set back a minimum of 25 feet from the
abutting streets and provided the garage or accessory building is located
in the side yard that does not abut the front yard where the principal
building is addressed. (Ord. No. 3591, 10-10-00; Ord. No. 3595, 10-24-00)
c. A detached garage or accessory building wholly within the rear yard
shall be a minimum of 3 feet from the abutting property line.
d. In cases in which the rear yard of a lot abuts the front yard of an
adjoining lot, a detached garage or accessory building in the rear yard
shall be not less than 6 feet from the adjoining property line for the
distance of the required front yard setback on the adjoining lot. (Ord. No.
4339, 3-27-18)
e. In no case shall a detached garage or an accessory building in the rear
yard be placed closer than 15 feet to any lot line that abuts a street.
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Ames Municipal Code, Section 29.1504(4) states that "a variance shall be granted only
if all of the following standards are satisfied:"
(a) The granting of the variance shall not be contrary to the public interest.
(b) That without granting of the variance, and due to special conditions, a literal
enforcement of the ordinance will result in unnecessary hardship. Unnecessary
hardship exists when:
(i) The land in question cannot yield a reasonable return if used only for a
purpose allowed in the zone.
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood.
(iii) The use to be authorized by the variance will not alter the essential
character of the locality.
(c) The spirit of the ordinance shall be observed even when the variance is granted.
(d) Substantial justice shall be done as a result of granting the variance.
BASIS OF PETITION:
The applicant has submitted responses to the variance criteria. See the attached
supporting information prepared by the applicant as part of the "Variance Application
Packet". Portions of this information in addition to the staff findings are summarized
below.
FINDINGS OF FACTS & CONCLUSIONS:
Staff makes the following findings of facts and conclusions for each of the six criteria:
(a) The granting of the variance shall not be contrary to the public interest.
FINDING: Setbacks provide a space, with a minimum width dimension, between
buildings along public streets. Setbacks preserve access to light and air,
emergency access, and a uniform appearance of building faces down the street.
CONCLUSION: In general, it is in the public interest to ensure that the use of
property does not infringe on the rights of the neighbors, allow for emergency
access around and into properties, to allow room for lawns and trees, for light
and air in the home, and lessen street congestion. Having no parking creates a
non-conformity for the use of the property and the ordinance does not allow for
any parking to be legally establish at any location on the lot.
If the variances are granted, the public interest in building separation to provide
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light and air, emergency access, and a uniform appearance of building faces
down the street would not be compromised. The proposed three-foot setback is
allowed in some instances when an accessory structure is located wholly within a
rear yard. The front yard reduction allows for front yard areas similar to other
homes in the area to meet open yard area interests. Therefore, the Board can
conclude that this criterion is met.
(b) That without granting of the variance, and due to special conditions, a
literal enforcement of the ordinance will result in unnecessary hardship.
Unnecessary hardship exists when:
(i) The land in question cannot yield a reasonable return if used only for
a purpose allowed in the zone.
FINDING: The property has served as the location for a single-family detached
dwelling, since it was constructed in 1927, which is a permitted use in the UCRM
zone. The current owner recently bought the property when the home had a one
car garage. The property is currently occupied and used as a single-family home.
Use of the property as a residence may continue, regardless of whether the
variance is granted for a detached garage. However, the lot is non-conforming
since there is no off-street parking. And the only location in which to provide the
parking would not meet the location requirements for surface parking or the
setbacks for a garage.
CONCLUSION: The property owner has demonstrated that it is not possible to
provide parking or construct the detached garage and comply with setbacks.
Having no legal on-site parking is an economic detriment to the property to have
a nonconformity of this type. Therefore, the Board can conclude that this
criterion is met.
(ii) The plight of the owners is due to unique circumstances and not to
the general conditions in the neighborhood.
FINDINGS: The minimum lot size for a single-family detached dwelling in the
UCRM zoning district is 6,000 square feet. This parcel includes 6,600 square
feet and was originally created by deed in 1970's, with the current lot dimensions.
The front yard by definition is Carroll Avenue due to addressing. The rear is the
most opposite the front in this case the west property line. This presents difficulty
for a structure to meet both setbacks since the parcel is only fifty feet in width.
This is a unique case for this lot size and a corner lot. The home appears to be
built in a configuration where the north property line was the front lot line.
CONCLUSION: The lot size does comply with UCRM Zoning Standards.
However, the determination for where is the front yard has changed over time.
The single-family residence did meet the front and side yard setbacks prior to this
change in the Zoning Code. Any covered parking structure would encroach in
either the front or the rear yard. The property owner is pushing the garage as far
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back as reasonable. in order to stay out of the front yard. No location on the lot
can accommodate surface parking or a garage that meets the setbacks.
Therefore, the Board can conclude that this criterion is met.
(iii) The use to be authorized by the variance will not alter the essential
character of the locality.
FINDING: This neighborhood is characterized by small single-family homes, on
standard size lots, with either one- or two-car garages in the rear yard, some are
located in the side yard. The proposed detached garage would be constructed in
the rear yard, by definition but visually appear to be in the side yard.
CONCLUSION: A variance to allow the detached garage to extend to within
approximately three feet of the rear lot line would establish a new location for a
garage in the neighborhood, and still within the same character of the
neighborhood for detached garages. The encroachment to the front yard and
front yard setback will likely be unnoticeable as the front of the garage will still be
in lien with the forward primary front facade of the residential structure.
The location can be found to not alter the character of the area. The garage size
itself is substantial at 24 feet by 36 feet. The proposed size meets the size
limitations for garages (900 square feet) when permitted on lots within setbacks
on other properties. if it were smaller in depth at 21 feet, it would not require
either the rear yard or of the front setback variance, but one would still required
to meet parking stall depth requirements.
However, an accessory structure is defined as being "a subordinate structure...."
It does not mean that it must be smaller in footprint than the principal structure; it
does mean that it must be used only to serve the principal use on the lot. If the
board determines that extended size of the garage is `subordinate' to the
house and does not alter the essential character of the neighborhood, the
Board can conclude that this criterion is met. Otherwise, the Board may
condition approval of variances for a smaller garage that still provides
parking for two cars.
(c) The spirit of the Ordinance shall be observed even when the variance is
granted.
FINDING: The City does not require two-covered parking spaces for single family
homes, only that two spaces are provided along with a home whether they are
covered or not. Given the setback requirements for the lot there really isn't a way
to provide covered parking and comply with all applicable setbacks.
CONCLUSION: Most other properties in this area of the community have
detached garages in the rear yard. This property previously had a detached one-
car garage. The property owner would like to construct a detached garage while
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complying with setbacks to the extent possible. The two separate structures
(house and garage) would likely be able to meet standards if the definition of
setbacks and front yard were defined with a different orientation. Therefore, the
Board can conclude that this criterion is met.
(d) Substantial justice shall be done as a result of granting the variance.
FINDING: Substantial justice speaks to the requirement that the hardship must
be peculiar to the property. The Board must determine if the applicant asking for
the least relief from the zoning law that is possible to allow a reasonable use of
the property. The Board must also determine if there is a hardship attributable to
the property that results in lack of equal use of property compared to the others
in subject to the same regulations. The property currently is non-conforming due
to not having any off-street parking spaces. In order to allow either surface
parking or a garage, some variance would be needed.
CONCLUSION: Granting of a variance for the proposed detached garage may
provide substantial justice in use of the property. There is not an option of
providing off-street parking in manner that complies with the zoning ordinance.
There is no another way to accomplish the purpose without a variance.
Therefore, the Board can conclude that this criterion is met.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for a variance for 1227
Carroll Avenue to allow a reduction of the minimum required rear yard setback from
20 feet to approximately 3 feet and reduction of the minimum required front yard
setback from 25 feet to approximately 23 feet for the construction of up to an 864
square foot detached two car garage-door garage, based upon the above findings
and conclusions. (Note: The applicant must obtain a building permits and a driveway
curb cut permit.)
2. The Zoning Board of Adjustment may grant a modified variance request requiring
different setbacks or a reduced size of garage in order to make the findings for
approval of a variance.
3. The Zoning Board of Adjustment may deny this request for a variance for 1227
Carroll Avenue if it finds that not all of the criteria have been met.
4. The Zoning Board of Adjustment may table this variance and seek further
information from the applicant or from staff.
DEPARTMENT RECOMMENDATION:
The property previously had a small one-car detached garage that was recently
demolished. The configuration of the lot has otherwise been unchanged for nearly 100
years. A change in zoning definitions altered the setback allowances for the property
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causing the difficulties related to siting a new detached garage. The proposed variance
takes advantage of all garage standards available to larger lots that are configured in a
different manner than this stie for front yards.
The site is non-conforming in that there is no off-street parking. There is no location for
a garage or for surface parking that meets the requirements of the Ordinance for
locating parking outside of the front yard. If the applicant wished to construct a single or
two stall garage, staff believes it would be easier to determine that there is little
alteration of the character of the neighborhood. The proposed garage could be seen as
creating an accessory structure that is no longer subordinate to the principal structure. It
should be noted, though, that any configuration of parking or garage would need at least
two of the three requested variances for construction. This garage still meets the size
limitations for accessory structures. If no variances were needed, nothing would
preclude the proposed 24 x 36-foot garage from being built to serve a, 550 square foot
single-family home.
It is the conclusion of City staff, based upon an analysis of the applicant's proposal to
construct a detached garage at 1227 Carroll Avenue that the evidence provided for the
variance supports approval of the variances as all of the criteria were met. Therefore,
it is the recommendation of the Planning and Housing Department that the
Zoning Board of Adjustment act in accordance with Alternative #1.
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LOCATION MAP
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Attachment B
Site Plan
RECEIVED
'AUG 262021
CITY OF AMES 11A
DEPT-OF PLANNING AND NOUSINa
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