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HomeMy WebLinkAbout~Master - Extension of a Non-Conforming Residential Use for 520 E Lincoln WayCITY OF AMES, IOWA ZONING BOARD OF IN THE MATTER OF THE APPLICATION OF EVAN BROWN OF P AND B GROUP, LLC, REGARDING EXTENSION OF A NON -CONFORMING RESIDENTIAL USE IN THE HOC ZONING DISTRICT FOR THE PROPERTY LOCATED AT 520 E. LINCOLN WAY FACTS CASE NO. 21-15 JAN� 2022 CITY OF PARCEL ID: 09-11-225-080 DECISION & ORDER City Planner, Julie Gould, presented the application and Staff Report to the Board regarding the Applicants request for an extension to re-establish a non -conforming use in the Highway Oriented Commercial (HOC) Zoning District for the property located at 520 E. Lincoln Way. The subject property was originally built in 1933 as a single-family structure. In March of 1949 it was converted into two units. Currently, there is one two -bedroom ground Ievel unit and one one -bedroom unit upstairs. The property is zoned Highway Oriented Commercial (HOC), which does not permit residential dwellings and has been zoned HOC since 2000 and has had various commercial zoning district designations going back to 1956. The property is a legal non -conforming use under the current zoning code as the use was legally established as a residential use prior to the City changing the zoning designation for the property. Legal non -conforming uses may continue to operate as long as the use is not abandoned. A non- conforming use is considered abandoned and cannot continue if the use of the property as residential has ceased for more than one year and the steps outlined in Ames Municipal Code section 29.307 are completed. The Applicant first contacted the City's Inspections Division in July of 2021 regarding the rental registration process. The Planning Division became involved in the Letter of Compliance process as the property is zoned HOC and residential uses are not permitted and there was no record of this property being licensed as a rental since 2016. After during the initial rental inspection, it was discovered that work had been done to the interior units without the required permits. A certified letter was sent to the property owner on July 30, 2021, to determine whether there was abandonment of the non -conforming use since there was no active registered rental and the property owner was not currently living at the address. The Applicant replied within the allowed thirty (30) days and has been taking the necessary steps since to meet the building, rental, and zoning requirements to bring the residence into compliance with the rental code. The Applicant is requesting an extension beyond the allowed ninety (90) days to re-establish the residential use. Evan Brown, the Applicant and representative of P and B Group, stated to the Board that he and his partners purchased the property in 2014 with the intention of renovating it for commercial use. When those plans fell through, the property was occasionally used for lodging for out-of- town partners of P and B Group and as temporary housing of various family members of the group. The Applicant further stated that they were requesting an extension to allow more time to schedule necessary contractors to complete all the work necessary to meet the requirements, more specifically, installation paved parking area. FINDINGS AND DECISION The Board considered the facts as detailed above and provided in the Staff Report, and all evidence and testimony given at the hearing. The Board adopted the findings in the Staff report and found the Applicant is making good faith effort to meet all inspection, building and zoning requirements in conformance with Ames Municipal Code, Chapter 29, Section 29.307.2(g)(v) for overcoming the presumed abandonment. WHEREFORE, IT IS ORDERED that the Extension of a Non -Conforming Residential Use be GRANTED until May 13, 2022, to allow time for the property owner to complete all required improvements at 520 E. Lincoln Way and to reestablish use of the property as a residential use. Any person desiring to appeal this decision to a court of record may do so within thirty (30) days after the filing of this decision. Done this 8`h day of December, 2021. o-WiL.- Renee)Hall Amelia Schoeneman Recording Secretary Chair 0)