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HomeMy WebLinkAboutA002 - Staff Report dated December 11, 2024 ITEM# __2_ DATE: 12/11/24 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT REQUEST: A request for a Variance to the Single-Family Conservation Overlay Standards (O-SFC) for a partially constructed new single-family home with no garage setback from the front façade and other variations to the design standards of Section 29.1101(9) at 814 Wilson Avenue. BACKGROUND: The owner of 814 Wilson Avenue represented by Keystone Equity Group is requesting a Variance to the Single-Family Conservation Overlay Standards in Section 29.1101(9). (See Attachment A-Location & Zoning) The home is within the Single-Family Conservation Overlay District (O-SFC), which contains unique design standards for single family homes. The property was acquired in May of 2023 out of foreclosure. The previous home, a dangerous building, was demolished in November 2023. The owner was issued a building permit by the City of Ames on May 31st of 2024 to construct a new home. The home is a 1,646 square foot single-family detached home with an attached garage. As it currently stands, the home is nearly complete and ready for a final building inspection. The O-SFC has design criteria in Section 29.1101(9) that must be met with construction of any new single-family home in this district. The intent of the Overlay is to preserve and conserve single-family homes in this area and to reinforce the traditional residential character of the area. The plans for the home were reviewed by staff last spring and approved on May 31st. After approval and partial construction of the home it was discovered that the plans for the home were approved in error with several of the criteria in the design standards not being met. Staff has identified the following issues which are described in detail later in the report: • Garage location is not setback 18 feet from the front façade • The horizontal gable roof pitch is 5:12 where 6:12 is required, a front facing gable meets the standard • The foundation is 12 inches above surrounding grade where 18 inches is required • Certain windows do not meet the 2:3 height to width ratio • The porch does not meet certain design requirements . The proposal is for an 8 foot deep covered porch. • The driveway, not yet built, would exceed 12 feet in width in the front yard. • A rear yard detached garage that is proposed more than 8 feet but less than 20 feet from the rear alley. Staff contacted the owner’s builder in September 2024 to review the approved plans and the now known issues. The builder reviewed the intent of the standards with staff and stated that with the nearly complete condition of the home there was not an easy way to comply with the standards. The most significant issue being the garage location as part of the floor plan. The initial consideration was to remove the two-car garage door and convert it to habitable space so the setback issue would not apply and then address the other design elements and to then modify the porch design. The builder and staff explored options for what changes could be done to come into compliance and described the variance process if the full compliance could not be achieved. The builder determined that with nearly 70% of the home completed, including having all the mechanical equipment already installed, that to convert the garage to only habitable space would require a rework of the floor plan overall and the heating and cooling system design. The option of making it rear access garage from alley was also dismissed due to it requiring replacement of the kitchen and all of its plumbing and electrical work as well. However, the owner has proposed changes to their plan for the home to attempt to come more into compliance with the standards and intent of the district in support of a Variance request (See Attachment B Site Plan & Elevations). If the variance is approved, the builder would modify the home as follows: • Most of the current window design will be corrected to comply with the district design standards, however the owner is asking for a middle main picture window on the upper level to be allowed that does not fully achieve the 2:3 ratio for windows. • The garage door location remains but its width is reduced to a single car width 9- foot garage door and a window constructed where the garage door previously extended to. Also, a portion of the garage will be converted to storage space where the second vehicle stall would have been. A one car garage with driveway parking meets minimum code requirements. Note that Attachment B shown new parking in the rear of the site, the applicant may build a parking pad or a garage, but neither is required with the variance. A garage would need to meet setbacks in the rear yard from the side lot line and the alley. • The porch will have an eight foot depth that then matches front eave line of the garage along the front of the home. Given this situation, the Staff process for reviewing building and zoning permits exists to assist property owners and developers in determining if their project meets City standards. Property owners and developers do bear a responsibility to ensure that they understand City standards and have a responsibility to abide by those standards when applying for and proceeding with a project, regardless of the City administrative review process. O-SFC Design Criteria The design criteria being requested to be granted a Variance for the Compatibility standards in Section 29.1101(9) include the following: Garage Setback Section 29.1101(9)(b) The design standards of the O-SFC in Section 29.1101(9) require that all garages on newly constructed single-family homes be recessed at least 18 feet behind the primary façade of the principal building on the lot. In this case the garage has been approved and constructed in the opposite manner. The garage is proposed to be forward from the front façade that includes the front door by 8 feet. If no change were made to the garage, the width of the driveway would be 16 feet to access a two-car garage, which exceeds the maximum width of 12 feet in the front yard. Driveways are allowed to be wider outside of the front yard. Roof Pitch Section 29.1101(9)(f) The roof pitch for the main portion of the roof is proposed at 5:12. The required pitch in the district design standards is 6:12. The main portion of the roof run that is parallel to the street will not achieve this. A front facing gable does meet the 6:12 slope requirement. Porch design Section 29.1101(9)(j) The design standards require that a porch constructed on a new home in the O-SFC must extend at least 50% of the front façade of the home. The proposed porch does not achieve this standard being at only 40% of the front façade of the home. Foundation Elevation Section 29.1101(9)(I) The design standards require that the foundation of the home extend at least 18 inches above grade. The current proposal and partially built home do not achieve this. The foundation will be 12 inches or less between the top of foundation and the finished grade. The home is 18 inches above the finished grade at the street level. Staff has additional detailed explanation of findings and conclusions and associated details in the addendum with the Findings and Conclusions of the Variance criteria. APPLICANT PETITION AND STATEMENT OF SUPPORT OF PROPOSAL: The applicant has provided the attached application including statements as to how the request meets the standards for a variance. Fundamentally, the applicant believes that a financial hardship exists to remove or substantially alter the home in its current condition and that proposed changes to the home combined with that they acted in good faith relying upon an issued building permit will support the specific findings for a variance. APPLICABLE LAW: The Board shall determine, pursuant to Iowa law, whether all the standards for granting of a variance are satisfied by the Variance request. The Criteria for Approval and Findings of Fact prepared by staff are included in the Addendum. If Board does not adopt the Staff findings, alternative findings by the Board are required. Pertinent Sections of the Ames Municipal Code include the following: Section- 29.1101(9)(a-q) Single Family Conservation Overlay Standards (O-SFC). (9) Compatibility Standards. New construction of any principal building or other structure or any change in the use of land shall comply with the following compatibility standards. Accessory dwelling units (ADUs) are not subject to the compatibility standards. (a) Driveways. All new driveways that are located in the front yard shall be of a width no greater than 12 feet. This width limitation shall apply to only that area between the street and the primary facade of the structure. The front yard shall always be the narrowest portion of a lot that fronts a street. For lots accessible from an alley, any new driveway shall be constructed in the rear yard with access only from the alley. Existing front yard driveways may be maintained or replaced but shall not be widened to more than 12 feet in width. Driveways leading from an alley that provide access to a parking lot may be constructed at a width of 16 feet. (b) Garages. The purpose of this subsection is to establish the setback requirement for i)garage setback from an alley and ii) garage setback from the front of a principal building. Detached garages that open to an alley shall be located either 8 feet from the property line abutting the alley or a minimum of 20 feet from the property line abutting the alley. No setback distance that is more than 8 feet but less than twenty feet shall be allowed. All garages, attached or detached, shall be set back a minimum distance of 18 feet behind the primary facade of the principal building on the lot. (c) Parking. No parking lot shall be located in the front yard or side yard of any lot. Only rear yard parking lots are allowed. (d) Trees. Any tree that is removed from the street right -of-way shall be replaced in the street right-of-way as close to the original location as possible. (e) Solids and Voids. A solid to void ratio shall be required for the primary facade, including any recessed facades that face the front yard, and the secondary facade. The void requirements for the primary facade of new buildings shall be a minimum of 15% and a maximum of 80%. (f) Roofs. A minimum roof pitch of 6:12 rise to run shall be required. However, mansard and mansard-style roofs will be permitted. Building additions, with the exception of porches and stoops, shall be required to have similar roof pitches as the existing structure to which they are being added. The roof pitch requirement shall not apply to porches or stoops. (g) Dormers. Where the primary facade does not have a gable facing the street, a minimum of one dormer shall be required for every 15 feet of street-facing roof width, after the first 20 feet. (h) Windows. Windows shall have a width-to-height ratio of 2:3. This requirement shall only apply to the primary facade, front facing recessed facades, and the secondary facade. In addition, an exception will be made for decorative windows, gable windows, or a single large window where the interior floor plan contains a space where such a window type would be expected. (i) Entrances. There shall be an entrance with a porch or stoop on the primary facade of any new structure. This entrance shall face the street and be accessible by means of a paved walkway. No more than one entrance shall be placed on any primary or recessed facade. (j) Porches. Where a porch is constructed, the porch shall have a depth of not less than 6 feet and shall extend a minimum of 50% of the width of the facade to which it is attached. Porches shall not be enclosed by walls, windows, or solid doors and shall not exceed 10 feet in height measured from the floor of the first story to the roof line. (k) Stoops. A stoop shall be of a width not greater than 30% of the width of the facade to which it is attached and shall be of a depth not less than 4 feet. Stoops shall not be enclosed by walls, windows, or solid doors and shall not exceed 10 feet in height, measured from the floor of the first story to the roof line. The roof of a stoop that is supported by brackets shall project from the building a minimum depth of 4 feet. (l) Foundations. Substantial foundation plantings shall be required to screen the base of the primary and secondary facade of any new building. The first floor elevation shall be constructed a minimum of one and one-half feet above grade. Grade shall be determined at the high point of the sidewalk that is located in the public right-of-way parallel to and abutting the front of the lot. In addition, ground-mounted mechanical units shall be screened with plantings. (m) Orientation. Structures shall be situated at right angles with the street. Primary facades shall be parallel with the street to which they front. Buildings shall be oriented perpendicular to the front facing facade. (n) Width - Building. No building shall be constructed or remodeled to have a width greater than 76 feet. (o) Width - Facade. The primary facade of a building shall have a width between the range of 24 feet and 38 feet. Any portion of the building that is wider than the primary facade shall be recessed from the primary facade a distance of not less than 8 feet. A second primary facade will be permitted, provided that it is separated by a recessed facade that conforms to the minimum facade width of 24 feet. (p) Height. No structure shall be constructed or remodeled to a height greater than 3 stories or 40 feet, whichever is lower. (q) Lot Configurations. Lots in the O-SFC shall remain configured as they are on the date that the O -SFC regulations go into effect. In the O-SFC a Zoning Permit shall not be issued with respect to one or more dwelling units to be established on a lot formed by the combination of 2 or more lots or the combination of the parts of 2 or more lots or the combination of a lot and a part or parts from one or more lots. (r) Compliance. New buildings shall be constructed in full compliance with subsections (a) through (q) above. In building additions or remodeling it is not required that the entire building be brought into full compliance with subsections (a) through (q). It is only required that the addition or remodeling comply. It is required that the addition or remodeling does not have the effect of increasing the level or degree of nonconformity of the building as a whole. Section 29.1504 VARIANCE (1) Purpose. This section is intended to allow for variances from the terms of this Ordinance pursuant to Section 414.12 of the Iowa Code as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance is observed, and substantial justice done. (3) Procedure. Review of an application for variance shall be conducted by the Zoning Board of Adjustment and shall be in accordance with the following: (c) Review and Disposition. (i) The Zoning Board of Adjustment shall act upon all applications for a variance in accordance with the requirements set forth in the Iowa Code. (ii) In granting any variance, the Zoning Board of Adjustment may prescribe appropriate conditions and safeguards to promote the purposes and protect the integrity of this Ordinance. Violations of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance.” (4) Standards. Pursuant to Iowa law, a variance shall be granted only if all 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. PUBLIC NOTIFICATION: Notification was made to all owners of property within 200 feet. A notice of public hearing was placed on the property and published in the newspaper. ALTERNATIVES: 1. The Zoning Board of Adjustment denies this request for a Variance by adopting findings that the evidence does not support the explicit finding of consistency with all the Variance criteria. The applicant would need to modify the home to meet the Single -Family Conservation Overlay requirements in their entirety. 2. The Zoning Board of Adjustment, approves the variance with conditions of changes to the home by making specific findings for consistency of the request with all Variance criteria, approves the Variance for the design standards for Attached Garage design and Detached Garage Setback- Section 29.1101(9)(b), Roof Pitch- Section 29.1101(9)(f), Porch Design- Section 29.1101(9)(j) and Foundation- Section 29.1101(9)(I). (Applicant’s Request) 3. The Zoning Board of Adjustment may table this Variance request and seek further information from the applicant or from staff. PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION: The Plans submitted by the applicant initially did not meet the correct zoning standards, as they only met the base zone requirements and the overlay The initial building permit was approved in error by for compliance with all zoning requirements. Staff has modified internal review procedures for Inspections to verify zoning in special areas prior to building permit issuance to avoid this issue in the future. However, issuing a building permit by the City does not negate the zoning standard compliance for the builder or original designer and does not allow for the project to be completed without conforming to adopted codes. Once staff identified this problem and contact the owner, they had a choice to modify the home or to seek a variance. They have chosen to seek a variance approval with some changes to the current home. With staff’s review of application materials and analysis of the project, that the request for a variance does not meet all of the criteria. Typically, financial hardship based upon no reasonable return for use of the land is the most difficult standard to achieve, but in this case there is evidence that could support a conclusion of a financial hardship because of the nearly complete condition of the home and costs to demolish it or achieve full compliance and that the proposed modified home can meet the o ther hardship criteria. Staff also determined that evidence can support findings regarding Public Interest and Substantial Justice. However, staff did not find that the evidence of the proposal being in the Spirit of the Ordinance substantiated this finding. As discussed in the findings Spirit of the Ordinance can apply differently to each situation and standard and is a unique case by case evaluation of circumstances for each variance. Therefore, it is the recommendation of the Planner & Housing Department that the Zoning Board of Adjustment act in accordance with Alternative #1 which is to deny the request for a Variance. However, if the Board believes that the circumstances surrounding the request for the Variance can be seen to be a basis to find that all of the Variance criteria are met, it could find in favor of the Variance by restating the criteria and approving Alternative #2. ADDENDUM Staff makes the following findings of fact and conclusions for each of the Variance criteria: (a) The granting of the variance shall not be contrary to the public interest. FINDING: The requested Variance is to the design requirements governing Garage design, roof pitch, porch design and foundation elevation. The proposed plan will only allow for a single-family home consistent with base zoning requirements. The O-SFC is an additional set of requirements with the intent of conservating of the traditional one and two-family home neighborhood character. CONCLUSION: While issuance of a Variance would allow for a home to be built with design features that do not precisely meet all of the traditional design requirements of the Overlay, the construction of a new single-family detached home in the O-SFC is at its base level consistent with its intent. The modified proposal reduces the aesthetic impact of the garage design and maintains a front porch element with improved windows compliance. The proposed home meets all base zone RM setbacks and bulk zon ing standards criteria. No encroachments into easements or rights-of-way are proposed or interfere with or burden City services are otherwise created. Therefore, the Board can conclude 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: Use allowed within the Zoning District are one family and two-family homes, with potentially an apartment building with Council approval. The owner has indicated the original cost of constructing the home is $260,000. City building permit records indicate a construction cost of $258,900. The owner anticipates a sales price of $350,000 at this time to cover their profit (return on investment) and site preparation and demolition costs. The owner has indicated in their variance application that the cost of reconstructing the garage to meet the design standards of the O -SFC is in excess of $70,000. The converted space did not logically fit with the floor plan and they are concerned about its marketability due to overall size and configuration. Additional costs would apply to modify the floor plan related to the kitchen and living areas. Additionally, in an email correspondence the owner states that the cost of reconstructing the roof to meet the 6:12 pitch requirement of the O -SFC would be at least $32,000. The owner has indicated to staff in an email that the total cost of correcting all of the issues with the design errors of the home to a level of minimum compliance are estimated at $105,000. Adding these costs would exceed their initial projected sales price for no return. If the sales price could escalate with the additional costs a return may be generated, but the builder does not believe significantly higher sales price could be achieved with the oddly configured home. CONCLUSION: The owners cost estimate puts the enumerated cost of correcting the issues in the approved plan and partially constructed home at $105,000. In order to make the home affordable at market rates to this area the owner believes he needs to target a sales price of $350,000 which would not recover any profit after the total expenses the owner has incurred are factored in at this sales price. Given this, its reasonable to conclude that the return on the land in question would be greatly diminished and not reasonable to the cost expended if the home has to be physically altered to comply further than is proposed. The owner could choose to price the home higher to recover the additional cost, but its unknown what that price would be at this time and what sort of timeframe it would take to sell the home at a higher cost. This can be seen to create a financial hardship related to a reasonable return if the costs exceed the revenue for the project. Therefore, the Board can conclude 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 owner submitted a permit earlier this year for construction of the home. The plan complied with base zoning but not overlay zoning standards. At the time staff reviewed the permit the design criteria for constructing a home at this location in the O-SFC were inadvertently missed, which allowed the home to be constructed to the state it is in today with a design that does not meet all of the design criteria of the O-SFC. The lot and general conditions in the neighborhood are similar with the same expectation throughout the area and in the O-SFC. The physical property in question is similar to other properties nearby and throughout the neighborhood. The applicant believes they acted in good faith relying on permit approved initially by the City and this is a unique circumstance of not determining compliance until it was nearly completed. CONCLUSION: Multiple parties, both the designer and staff, could have determined the appropriate zoning standards of review for the project, but it was not caught until September of 2024, over 4 months from being issued a permit. Based on the permit being issued in error it can be seen that the reason for the design of the home not meeting the design standards of the district is unique in that the permit review process could have captured the issues with design early on and allowed the owner to redesign the façade of the home to meet the O -SFC standards. The expectation is in all cases where new homes are proposed in this overlay district that the proposed new homes will be reviewed against the design standards of Section 29.1101(9). The physical property is not unique and creates no unique condition in terms of the conditions. However, in the case of the permit review issue, these circumstances are not otherwise anticipated and can been seen as unique. Therefore, the Board can conclude 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 part of the O-SFC. The purpose for the O-SFC is to have single-family home uses constructed with specific design criteria that give the home a distinct look and feel based upon historical development patterns. The standards for the allowed uses of new homes is described in Section 29.1101 of the Ames Municipal Code. All new homes constructed in this overlay district must be reviewed by staff and be found to comply with these standards prior to issuance of a permit which include that the use be a single-family home. The locality can be viewed as the 800 Block of Wilson and/or more broadly of the entire neighborhood. The overall area is predominantly single family homes, with a mix of apartments, conversions, and other uses. Property access typically is from alleys, but front access exists and is permissible subject to the driveway and garage limitations. The 800 Block of Wilson has 12 properties along the Wilson Block Face. Five of the 12 have single wide driveway access from Wilson. CONCLUSION: The O-SFC expects that new construction will be that of a new single-family home character. This is in order to create a look and feel for the neighborhood which reinforces a character of single-family detached living. The overlay was created in the 1990s for the purpose of conserving single-family homes and preventing conversions to multi-family uses. The proposed new home, while not fitting all of the design criteria of a traditional home as intended, will be a single-family detached home which fits the use criteria of the district and with the proposed changes with the variance application has some elements of the standards, and therefore does not alter the essentially character of the block or area. Note the historic district does not apply west of Clark Avenue. Therefore, the Board can conclude this criterion is met. (c) The spirit of the Ordinance shall be observed even when the variance is granted. FINDING: The ordinance is specifically written to create an expectation of a single- family home with a specific type of visual design in the O-SFC. The proposal included with the Variance does not achieve the design requirements of the O - SFC in Section 29.1101(9). Quoted from the purpose of the Overlay 29.1101 (1) (1) Purpose. The Single-Family Conservation Overlay (O-SFC) Zone is intended to conserve the existing single-family residential character of areas identified as O-SFC adjacent to the downtown. The O-SFC is intended to protect single-family neighborhoods while guiding the transition to higher density and compatibility with the surrounding uses where intensification is permitted. The O-SFC is meant to help maintain the general quality and appearance of the neighborhoods; promote a more cohesive look to the neighborhoods; recognize the neighborhood characteristics as a major part of the City's identity and positive image; promote local design qualities; stabilize and improve property values; reduce conflicts between new construction and existing homes; and allo w a limited amount of increased housing densities.” CONCLUSION: The Board must determine if the applicant is asking for the least relief from the zoning law that is possible and considering other factors justifying the request for the proposed relief is appropriate. A Variance request is not consistent with the intent of the Ordinance if alternatives for development exist that do not require a variance and the variance request is not an effort to comply with the Ordinance to the fullest extent practicable . Staff has emphasized the spirit of the standards emphasizing traditional design elements that are the standards of the Overlay. Four elements of design are being asked to be issued a Variance. Included in those elements are major design issues with the garage design and its relation to the primary front façade, among others that relate to the traditional character of the area. Financial burden is not a consideration of this particular finding. The ordinance would otherwise expect that regardless of cost, the home at this location comply entirely with the standards. Lack of permit review according to the standards is not seen to change the expectation of how a home must be designed here with the availability of the standards for anyone to review. Granting a Variance in this case is not found to be observing the spirit of the ordinance as the precise appearance of the home will not match the defined tradition al character of the O-SFC and would not meet the design standards of 29.1101(9). Therefore, the Board can conclude this criterion is not 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 or that an issue of equity in the use of property exists. The applicant indicates the situation was created due to an oversight of permit review by City staff of the code requirements. They believe that they acted in good faith and the to compromise on the design after the fact would be substantial justice for consistency with the intent and for the builder to have a reasonable return. Staff has confirmed that the permit review process did not take in to account the Overlay design standards and this was realized after the permit was approved and construction of a majority of the home was complete . CONCLUSION: The Board must determine if there is a hardship attributable to the property that results in lack of equity compared to others subject to the same regulations. The plight of the owner as described in other criteria above is that of substantial cost invested in the construction of the home contrary to the design standards of the O-SFC. Given the circumstances of the error in approving the initial permit for construction of the home it can be seen that had staff caught the errors earlier such a substantial cost would not have been taken on by the owner. Previous homes in this overlay have been constructed with review and appropriately constructed according to standards. If the Board finds the other factors of the variance are met related to the character of the area, this finding of substantial justice with partial changes to the home as proposed can be substantial justice for the additional cost burden of correcting the errors. Therefore, the Board can conclude this criterion is met. Attachment A- Location & Zoning Attachment B-New Home Site Plan & Elevations/Floor Plans