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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 02/26/2020 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA FEBRUARY 26, 2020 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on February 26, 2020, in the Council Chambers of City Hall with the following members present: Leila Ammar, Kyle Perkins, Amelia Schoeneman, and Ronald Schappaugh. Not present: Rob Bowers. Also present were Assistant City Attorney Jane Chang and City Planner Benjamin Campbell. APPROVAL OF MINUTES: Moved by Schappaugh, seconded by Ammar, to approve the paper copy of the Minutes of the meeting of February 12, 2020. Vote on Motion: 4-0. Motion declared carried. Zoning Board Chair Schoeneman stated that several changes had been made to the agenda prior to the meeting. She noted that the Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 2701 Bobcat Drive, had been withdrawn. She also noted that the Special Use Permits for Guest Lodging to allow a Vacation Lodging use within the apartment buildings located at 700 Douglas Avenue and 708 Douglas Avenue would be continued to a later meeting. CASE NO. 20-14 SPECIAL USE PERMIT – DAVID & MICHELE EVANS – 207 S RIVERSIDE DRIVE Public Hearing on a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 207 S. Riverside Drive, located within the “UCRM” Urban Core Medium Density Zoning District. City Planner Benjamin Campbell stated that the requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in a Single Family Detached Home located at 207 S. Riverside Drive. The site is located within the “UCRM” Urban Core Medium Density Zoning District. Vacation Lodging is a term that applies to the use of a dwelling, which is a short term lodging use rather than household living. There are different categories/types of Guest Lodging allowed within the City. Vacation Lodging is a type of use that allows a dwelling to be used for guest stays of up to 31 days without the property owner being present. The property must also be registered as rental property consistent with standards of the Ames Municipal Code (ACM). The applicant is requesting approval of a two-bedroom dwelling with two of the bedrooms available for Guest Lodging and with four adults as guests. The request for four adults is not consistent with the occupancy standards of the Ames Municipal Code which states no more than three adult occupants may be permitted for a two-bedroom single-family home. Approval of this request requires a stipulation noting the occupancy limitations of the AMC; in this case, three adult guests for a two-bedroom home is the maximum that may be permitted. The property includes a one-car attached garage and allows for three additional stacked driveway parking spaces that meet the minimum dimensions. The driveway is paved. The recent Zoning 2 Ordinance revisions allow stacked parking to count toward the minimum parking requirement. This satisfies the Guest Lodging code requirement for Vacation Lodging, which requires one space per bedroom, for a total of two spaces. Although the Zoning Ordinance does not include specific separation requirements, a 1,000-foot separation distance requirement will be applied during review of the license application. At this time, there are no licensed Vacation Lodging single-family or two-family properties within 1,000 feet of the applicant. The property has a four Year Letter of Compliance that was issued on August 15, 2019 and will expire on August 15, 2023. Notification was made to all homes within 200 feet. There were no complaints received regarding this property. Staff concludes that the proposed Guest Lodging Vacation Lodging use at 207 S Riverside Drive is consistent with the requirements for a Special Use Permit for Guest Lodging and with the general and specific residential standards required for granting a Special Use Permit. The Guest Lodging use will operate in a manner that is compatible with the surrounding uses and not cause a nuisance to adjacent neighbors. The applicant was requesting four adults, but the Municipal Code limits that to three. Also, in the Alternatives, the address is incorrect. It should read 207 South Riverside Drive with the “UCRM” zoning district. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest Lodging at 207 S. Riverside Drive to allow a Vacation Lodging use in the “UCRM” Urban Core Medium Density Zoning District by adopting the Findings and Conclusions with the following stipulations reflective of the AMC guest lodging standards: • Off-Street Paved Parking Spaces required: 2 • Maximum Number of Guest Bedrooms allowed: 2 • Maximum Number of Adult Guests allowed: 3 • One year of disuse will render this Special Use Permit expired and void. • The Special Use Permit is not transferable to any subsequent owner of the property. Additionally, operation of the Vacation Lodging use is subject to the requirements of the Ames Municipal Code, including the Rental Code and Guest Lodging Code. Receipt and annual renewal of a Guest Lodging License is required. Operation of a Guest Lodging use without an active Guest Lodging License is a violation of City code. Ms. Schoeneman stated that under the Findings of Fact, the maximum number of guests for this property is incorrect. The report says two, but there is a maximum of three guests allowed. Applicant David Evans, 1722 Ada Hayden Road, Ames, Iowa, was sworn in and testified under oath. Mr. Evans stated that it is really important to him and his wife to have harmonious 3 relationships with the neighbors. Neighbors have the applicant’s phone number and are encouraged to call if there are any issues. He asked if a fourth guest could stay in the home if they are under the age of 18. The Board clarified that the maximum number of adults that can stay in the home is three, but there is no maximum number for children. Glenn Wiedenhoeft, 211 S. Riverside Drive, Ames, Iowa, was sworn in and testified under oath. Mr. Wiedenhoeft stated that he was at the meeting to support the applicant. He stated that the applicants have taken better care of the home than the previous occupants who owned the home and lived in it. Moved by Perkins, seconded by Schoeneman, to adopt ORDER NO. 20-14, thereby approving Alternative One with the amended address and zoning district. Schoeneman requested a friendly amendment to change the Findings of Fact to state that the maximum number of guests is 3. Perkins accepted the friendly amendment. Roll Call Motion: 4-0. Motion declared carried. ADJOURNMENT: Moved by Schoeneman, seconded by Ammar, to adjourn the meeting at 6:14 p.m. _____________________________ _____________________________ Jacque Higgins, Recording Secretary Amelia Schoeneman, Chair