HomeMy WebLinkAboutA821 - Staff report dated October 26, 2022 ITEM #: 2
DATE: 10-26-22
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: EXCEPTION FOR A MINOR AREA MODIFICATION TO ALLOW AN
ENTRANCE DECK ENCROACHMENT WITHIN A NONCONFROMING FRONT YARD
SETBACK FOR A PROPERTY AT 821 NORTHWESTERN AVENUE.
BACKGROUND:
The property at 821 Northwestern Avenue is occupied by a one-story 680 square foot
single-family home, built in 1925. The house is located on a 4180 square foot lot on the
west side of Northwestern Avenue, backing up to the Union Pacific Railroad line. The
property is surrounded by single-family homes of a similar age (See Attachment A -
Location Map). The property is located within the "UCRM" (Urban Core Residential
Medium Density) Zoning District, which allows single-family dwellings as a permitted use.
(See Attachment B — Zoning Map).
Both the lot size and the front setback are nonconforming. Nonconforming lots may be
utilized consistent with the underlying zoning standards. For homes in the "UCRM," the
front setback requirement is 25-feet. The house at 821 Northwestern Avenue has a
nonconforming front setback of approximately 16'-9". Front porch encroachments
(Architectural Features) of up to eight feet are allowed within the front setback, i.e. to a
setback distance of 17 feet.
The home currently includes a concrete front entrance landing dimensioned at
approximately 3' x 4' with four concrete steps extending toward the street. Landings and
front steps are allowed within the setback as a means of access to the house. Landings
are described as a level area at the top of a staircase or between one flight of stairs and
another. The existing landing has settled and is no longer at the height it needs to be in
relation to the doorway, and the railing is deteriorated. Both need replacement (See
Attachment D— Photo of Existing Landing).
The owner, Jerome Baumgartner, wishes to expand the landing slightly to make it more
versatile and to accommodate a minimal amount of seating area. He proposes a 6' x 8'
deck at a height of 30", constructed over the existing concrete landing and steps. The
height of the proposed deck must be higher than 24" to meet the door threshold at the
appropriate height. An additional step (making five steps total)will also be needed to meet
grade. The front yard setback would be reduced to 7.5 feet between the steps and the
sidewalk (See Attachment C— Site Plan by Applicant).
The addition of a deck over 24" in height is considered an "architectural feature" (Section
1
29.402). Architectural features are described as structures which protrude from the
building facade at the building entrance, which have with an open design such as porches,
pergolas, stoops, porticos, or decks. Typically, such architectural features are allowed to
project as much as 8' into a front setback.
However, in situations with a nonconforming setback, the allowance to project into the
front setback may only be granted as a minor area modification under Section 29.1506.
There is no maximum projection limitation in the review criteria. Rather, determination of
appropriateness is a consideration of the context and details of the request in relation to
the property.
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:
Chapter 29, Section 29.402 SETBACKS, of the Municipal Code states the following:
(2) Extensions into Required Setbacks. Certain building elements and site features are
allowed to be located within or projected into required setbacks. Extensions of
architectural features into nonconforming setbacks may be granted as a minor area
modification under Section 29.1506.
(b) Projection of Architectural Features. Architectural features of an open design attached
to and protruding from building facades located at the first-floor building entrances (such
as porches, pergolas, stoops, porticos, decks) may project into a front, street, or rear yard
setback as much as eight feet, and into a side setback not more than three feet. Such
projection, however, may be no closer than three feet to a lot line. Allowed projections
must be open in design without walls, screening, windows, or doors. Enclosing an open
projecting architectural feature is prohibited.
Chapter 29, Section 1506(4)(d) of the Municipal Code states the following:
(4) When Authorized. The Zoning Board of Adjustment is authorized to grant the
following exceptions:
(d) Exceptions for minor area modifications. The Board is authorized to grant exceptions
from the requirements of the zoning ordinance to allow minor area modifications for single
family attached and detached dwellings that are existing in developed areas, but not in
cases of new construction. These are authorized for the following situations-
2
(vi) Extension of architectural features into a required building setback pursuant to
Sec. 29 402(b) when the setback of the principal building is nonconforming. An
approved minor area except modification under this subsection shall:
(A) provide for a minimum usable area,
(B) preserve compatible open yard areas intended within the zone, and
(C) ensure the aesthetic compatibility of the feature with the surroundings.
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)(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.
(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.
3
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 821 Northwestern Avenue.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for an Exception for a
Minor Area Modification to allow an architectural feature (entrance deck) within the
front yard setback for a nonconforming property at 821 Northwestern Avenue by
adopting the findings of fact and conclusions stated herein.
2. The Zoning Board of Adjustment may deny this request for an Exception for Minor
Area Modification to allow an architectural feature (entrance deck) within the front
yard setback for a nonconforming property at 821 Northwestern Avenue, based on
the Board's findings of facts and conclusions.
3. The Zoning Board of Adjustment may refer this request back to staff and/or the
applicant for further information.
PLANNING AND HOUSING DEPARTMENT RECOMMENDATION:
The City's Zoning Ordinance grants the Zoning Board of Adjustment the ability to grant a
minor area modification exception to nonconforming front setbacks for architectural
features that meet the criteria in Section 29.1506
The applicant's request for an exception for a minor area modification is
appropriate given the site constraints and character of the area as highlighted in
the Findings of Fact. A 6' x 8' entrance deck is the smallest deck size that will
accommodate any seating (up to 2 chairs) without obscuring the doorway
entrance. A 6' x 8' deck also is the right size to not overwhelm the front facade of
the home.
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, allowing an exception for a minor area modification to
allow an entrance deck within the front yard setback for a nonconforming property at 821
Northwestern Avenue.
If the Exception for Minor Area Modification is approved by the Zoning Board of
Adjustment, the applicant must record approval of the modification in the office of the
Story County Recorder in order to make effective the approval. See Section
29.1506(5)(d) of the Municipal Code.
4
ADDENDUM
FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description and site plan (See Attachment B — Site Plan) the
following Findings of Fact and Conclusions may be made:
Section 29.1506(4)(vi). An approved minor area modification under this subsection shall:
(A) Provide for a minimum usable area.
The entrance deck will allow a minimal area for seating, that is not available
currently, while meeting the requirements of an entrance landing into the home. The
area remaining between the steps and the sidewalk will be approximately 7.5 feet.
(See Attachment C— Site Plan by Applicant).
(B) Preserve compatible open yard areas intended within the zone.
The majority of the front yard will remain unobstructed (See Attachment C — Site
Plan by Applicant).
(C) Ensure the aesthetic compatibility of the feature with the surroundings.
The entrance deck is appropriately sized to accommodate a minimal amount of
seating without overwhelming the front facade of the house which is only 34 feet
wide. The nonconforming setback is not unique to the house at 821 Northwestern.
Properties immediately adjacent on the north (823 Northwestern Ave.) and south
(817 Northwestern Ave.) are similar in lot size and share the attribute of a non-
conforming front setback, although the house at 823 Northwestern, extends even
further into the front setback (See Attachment A - Location Map).
Section 29.1506(5)(d). 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: The home at 821 Northwestern Avenue was built in the 1920s
and is constructed approximately 16'-9" from the front property line, making the
front setback nonconforming. The house was originally constructed at the current
location on the lot. It is appropriate to note the context of the property at 821
Northwestern Avenue. The character of the block changes dramatically in this
area. The angle of Northwestern Avenue and the Union Pacific Railroad line
converge together on the west side, reducing available lot depth and size.
Properties immediately adjacent to 821 Northwestern Avenue on the north (823)
and south (817) are similar in lot size and share the attribute of a non-conforming
front setback.
5
Although homes located along Northwestern Avenue, between 6th and 9th Streets,
are sited with a north-south orientation, the home at 821 Northwestern Avenue is
sited parallel to the street, as are other two properties to the north (823 & 827
Northwestern). This is reflective of the reduced lot depth and further substantiates
the need for a reduced front setback in this area. (See Attachment A — Location
Map).
Conclusions: Because the lot size and nonconforming setback are existing and
cannot be corrected, the zoning code allows the extension of an architectural
feature into the front setback as a minor area modification under Section 29.1506.
Therefore, it can be concluded that the proposed entrance deck meets
Standard (i) for an Exception for a Minor Area Modification.
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 new
entrance deck will replace a deteriorated landing that no longer meets the building
code. (See Attachment D— Photo of Existing Landing).
The new deck will provide a safe means of ingress into the home. It will also
provide a small sitting area on the front of the house, so that the residents of the
home may enjoy the outdoors and have a better opportunity to have social
interaction with their neighbors. (See Attachment C— Site Plan by Applicant).
Conclusions: The new deck will be beneficial to the health, safety, and welfare of
the residents. Therefore, it can be concluded that the proposed entrance deck
meets Standard (ii) for an Exception for a Minor Area Modification.
The Minor Area Modification will not have a substantial negative impact upon
neighboring properties.
Findings of Fact: The neighboring properties will not be negatively affected. The
proposed deck is considered an architectural feature that will enhance the front
facade of the house. Additionally, having a place to sit at the front of the house will
help enable residents the opportunity to talk to neighbors and other people as they
walk along the sidewalk. If the entrance deck was 24" in height rather than 30", no
exception would be needed, and the deck could be constructed at any size.
However, the request is for a standard 6' x 8' deck. This is the minimal size that
can accommodate seating.
Conclusions: The requested exception is for an entrance deck which is much
smaller than what could be allowed if the deck was only 24" in height. The size of
the deck also fits the scale of the house. Therefore, it can be concluded that the
proposed entrance deck meets Standard (iii) for an Exception for a Minor
Area Modification.
6
(iv) The Minor Area Modification does not exceed the reduction limits
established in the listing of Minor Area Modification in Section
29.1506(4)(d)(i), (ii), or (iii) whether the limits are reached by a single
exception or serial exceptions.
Findings of Fact: The requested exception is in conformance with Section
29.1506(4)(d)(i), (ii), or (iii).
Conclusions : Therefore, it can be concluded that the proposed entrance deck
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 entrance deck meets Standard (v) for an Exception for a
Minor Area Modification.
(vi) The Minor Area Modification is in conformity with the intent and purpose of
the zoning ordinance and Ames Plan 2040.
Findings of Fact: Granting of the minor area modification exception by the ZBA
would allow an encroachment into the nonconforming front setback. It is in
conformity with the intent and purpose of the zoning ordinance, and it would not
change the existing single-family residential use of the property. The proposed
deck complies with all other zoning criteria as proposed. It will have no effect on
the Ames Plan 2040 for this established neighborhood of single-family homes.
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
criteria that have been established in the Ordinance for minor area modifications
extending into the front yard setback. Therefore, it can be concluded that the
proposed entrance deck 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: The applicant's request for an exception for a minor area
7
modification is appropriate given the site constraints and character of the area. A
6' x 8' entrance deck is the smallest deck size that will accommodate any seating
(up to 2 chairs) without obscuring the doorway entrance. A 6' x 8' deck also is the
right size to not overwhelm the front fagade of the home. (See Attachment C— Site
Plan by Applicant).
Conclusions: The zoning code allows an exception for a minor area modification
to enable the applicant to add an architectural feature at the front entrance, even
though the house setback is nonconforming. The entrance deck is appropriately
sized to accommodate a minimal amount of seating without overwhelming the front
facade of the house which is only 34 feet wide. Therefore, it can be concluded
that the proposed entrance deck 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: The requested Exception for Minor Area Modification for 821
Northwestern Avenue maintains the footprint of the existing house and does not
intensify the use of the structure. 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
entrance deck meets Standard (viii) for an Exception for a Minor Area
Modification.
8
Attachment A
Location Map
m l U l i
;0
Z
D
rn 9TN 5
1012 1008 1004 924
�A
74
--... \ CP
4�;
1
it-
9 "OP
Attachment B
Zoning Map
W1009
2
O
A
z
m_
60 60'
m Z 1013 9
1105
m
9TH ST9 2TH1100
10121008 1004
782 '` 60
10
66F y
1012, 100 T' 1004
5 r
UCRM
R L �2 1004
a 7 -
821 c�
79.
j Obect Property 617
$,� Y
818
x
ip
N
813
811
LOCATION & ZONING MAP
821 Northwestern Avenue
I A I bi
0 25 50 100 Feet
i�li i i j N
Attachment C
Site Plan with Proposed Entrance Deck (6' x 8' without steps)
LA
33
EE �y
cam'/
f•-
i.
�f
,j
P
Attachment D
Photo of Existing Landing
i
I I
I
T
II - T
t _
� D
,'� Cam.iF;y,.�� k'��r..• � ;p w
The existing landing (without steps) is 2'-7" deep x 4'-3" wide.
12