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HomeMy WebLinkAboutA003 - Staff Report January 10, 2024 ITEM #: 2 DATE: 01-10-24 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 reduction of the required minimum five-foot side yard setback by two feet for an addition to the principal structure at 2623 Somerset Drive. BACKGROUND: The applicant/property owner, Beth Foreman, resides at 2623 Somerset Drive (see "Attachment A — Location Map"). The property is zoned "F-VR" (Village Residential District) and contains a 1,350 square-foot dwelling with a 451 square-foot, attached two- car garage. The property includes 7,000 square feet and is an interior lot. The rear yard is approximately 3,200 square feet and the house was constructed in 2002 at a side setback of approximately seven (7) feet, nine (9) inches, per the original building permit. Ms. Foreman is requesting approval of a Minor Area Modification to allow a reduction of the required minimum five-foot side yard setback by two (2) feet for an addition to the principal structure (single-family dwelling). A Minor Area Modification is permitted according to Section 29.1506(4)(d)(i) of the Municipal Code, 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) "Exceptions for Minor Area Modifications"of the Municipal Code. In the current configuration, it is an addition to the home because it is connected to it for support. It was constructed, without a building permit, as a lean-to, attached to the side wall of the dwelling. All additions to principal structures require building permits. City staff became aware of the structure due to a complaint. The addition is currently under construction, in an unfinished condition, as two separate "sheds" that span almost the length of the side of the dwelling. See "Attachment B — Site Plan." See "Attachment C — Photos of the Structure." The addition to the dwelling, as constructed, is fully within the side yard and encroaches on the required minimum five-foot (5) side yard setback by two (2) feet, according to the location of the side lot line, as determined by the property owner. The sheds are five (5) feet in width and approximately nine (9) feet in height to the roof peak. One shed is approximately fifteen (15) feet, six (6) inches in length, which includes seventy-seven (77) square feet). The other shed is approximately seven (7) feet, seven (7) inches in length for a total of thirty-eight (38) square feet. The two sheds are connected 1 by a roof between their sidewalls that provides cover over a side entry to the dwelling, the total covered area of the joined "sheds" is approximately one hundred-twenty-five (125) total square feet. 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 1506(4)(d)(i), 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 the case of new construction. These are authorized for the following situations: (i) reduction of required residential side yard setbacks for principal structures by no more than two feet; ... Chapter 29, Section 1506(5)(d)&(e) 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: [The Board's action shall be based on stated findings of fact. The conditions imposed shall be construed as limitations on the power of the Board to act. A mere finding that a use conforms to those conditions or a recitation of those conditions, unaccompanied by specific findings of fact, shall not be considered findings of fact for the purpose of complying with this Ordinance.] (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: (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)(d)(i), (ii), or (iii) whether the limits are reached by a single 2 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. PUBLIC NOTIFICATION: Notification of the public hearing was made to all owners of property within 200 feet. In addition, a notice was published in the newspaper and a sign placed in the front yard at 2623 Somerset Drive. ALTERNATIVES: 1. The Zoning Board of Adjustment, makes specific findings for consistency of the request with all Minor Area Modification criteria, and approves the request for an Exception for a Minor Area Modification to allow a reduction of the required minimum five-foot side yard setback by two feet for an addition to the principal structure at 2623 Somerset Drive by adopting the findings of fact and conclusions stated herein and with the following conditions applied: a. The applicant must record the approval of this Minor Area Modification in the office of the County Recorder, in order to make effective the approval. b. That the applicant meets all City of Ames Building Code and Zoning Ordinance standards within 9 months of the Decision and Order authorizing an addition to the north side of the existing principal structure. c. The structure shall include materials and finishes that are consistent with the principal structure for siding, roofing, and colors. 2. The Zoning Board of Adjustment may approve an Exception for a Minor Area Modification to allow a reduction of the required minimum five-foot side yard setback by two feet for an addition to the principal structure at 2623 Somerset Drive with different conditions, by adopting its own findings of fact and conclusion and conditions. 3 3. The Zoning Board of Adjustment denies the request for an Exception for a Minor Area Modification to allow a reduction of the required minimum five-foot side yard setback by two feet for an addition to the principal structure at 2623 Somerset Drive by adopting findings that the evidence does not support the explicit finding of consistency with all the Minor Area Modification criteria. 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. RECOMMENDED ACTION: Based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative #1, approving an Exception for a Minor Area Modification to allow a reduction of the required minimum five-foot side yard setback by two feet for an addition to the principal structure at 2623 Somerset Drive, with conditions, and by adopting the findings of fact and conclusions stated herein. 4 ADDENDUM FINDINGS OF FACT & CONCLUSIONS: Based upon the project description and attached site plan the following findings of fact and conclusions may be made: 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 proposed addition is constructed on the north wall of the garage. It is not practical to construct the addition on the west side of the dwelling since this does not abut the garage. Conclusions : Unique circumstances apply to the property use or configuration such that it is not practical to construct addition that meets the minimum required setback for the zoning district, which would limit the width of the addition to only three (3) feet. Therefore, it can be concluded that this criterion is met. (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. A three- foot side yard setback would remain, with approval of the exception for a minor area modification, to provide a means of access along the north property line to the rear yard west of the dwelling. Conclusions : The proposed addition to the single-family dwelling will have no significant impact on the public health, safety, or general welfare. Therefore, it can be concluded that this criterion is met. (iii) 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. Setbacks preserve access to light and air, adequate separation of buildings for fire safety and emergency access, and a uniform appearance of buildings. 5 Conclusions: Use of property does not infringe on the rights of the neighbors, allows for emergency access around and into properties, allows room for lawns and trees, and for light and air into the home. If the exception for a minor area modification is granted, the building separation to provide light and air, emergency access, and a uniform appearance of buildings would not be substantially compromised and have a substantial negative impact upon neighboring properties. The structure is set back from the front of the home and will have materials that match the existing home. The combination of design elements, size, and minimum 3-foot setback results in the proposed addition not having a substantial negative impact upon the neighboring properties. Therefore, it can be concluded that this criterion is met. (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 this criterion is met. (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 "F-VR" (Village Residential District). Conclusions : The property owner is not proposing any change in use nor other activity not permitted in the "F-VR" zoning district. Therefore, it can be concluded that this criterion is met. (vi) The Minor Area Modification is in conformity with the intent and purpose of the zoning ordinance and Ames Plan 2040. Findings of Fact: The Zoning Ordinance requires that any addition comply with the existing zoning standards. However, Section 29.150 of the Municipal Code allows the Zoning Board of Adjustment to give consideration for an exception to the side yard setback by up to two (2) feet. The applicant is requesting two (2) feet. It will have no effect on the Ames Plan 2040 for this established neighborhood of single- family homes. 6 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 side yard setback. Therefore, it can be concluded that this criterion is met. (vii) The Minor Area Modification is the minimum necessary to achieve the desired result. Findings of Fact: There are no alternatives to adding an addition to the garage other than the north side of the existing dwelling. The garage does not abut the west side of the dwelling, and it is not an option to construct the addition in that location. Conclusions : It is not reasonable to construct the addition at three (3) feet wide to meet the minimum required setback, and there are no alternative for an alternate location that would achieve the desired result. Therefore, it can be concluded that this criterion is met. (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 a minor area modification to the footprint of the existing house does not change the use of the structure. All other obligations to comply with applicable laws or regulations, such as the Building Code, 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 this criterion is met. 7 Attachment A Location Map r 1 2623 Somerset I 1 1 .r e N Location Map 2623 Somerset Drive CITY OF --� Ames 0 0 0.01 0.02 0.03 0.04 Miles 8 Attachment B Site Plan of Area Planned for Addition :7� - i � PR o ApSE.� SHrb I W � I I � ppopmrb s�Cr i i 9 Attachment B Site Plan of Entire Lot V OTT Molo at;oil Apn { i i�v} r sS }� KEN: two a. a ` a t 5- AR9110.1. out 4k r + MO.; z S c ,# 4 owl r B M1 '"} t i ) X a'ba is I.,k.. �•.. c.i s t '�, , v j� t 4 S a .12944, sock Woo jar r } izvi j i i .f 'vim 5.1111 .L ,� ! y I 5 i ! y k a g *! .0 j x , a�v �L � � �. u q � `it --5. . � is t� {Y'- 9 ,v aIT � 3 1 € t Whom Qum �D r (v low t- y. #�., #�•!-`�.`} 'i � ";.Tc,trn y_q•.� .i�'� .� r .Y i 7 ��rt- � i s� k � F � ! w�.:. 7 : c ait �. "` },�- s �J 'G'S@' u�?..r.�s� iy i•wa � S any 1 'i .•�j� y. .'i., j at€ x,,, t j: '� ; .d! 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