Loading...
HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 03/11/2020 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA MARCH 11, 2020 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on March 11, 2020, in the Council Chambers of City Hall with the following members present: Amelia Schoeneman and Ronald Schappaugh. Telephonically present was Kyle Perkins. Not present: Rob Bowers and Leila Ammar. Also present were Assistant City Attorney Vikki Feilmeyer and City Planners Ray Anderson and Julie Gould. APPROVAL OF MINUTES: Moved by Schappaugh, seconded by Schoeneman, to approve the Minutes of the meeting of February 26, 2020. Vote on Motion: 3-0. Motion declared carried. CASE NO. 20-18 SPECIAL USE PERMIT – BILL AND TRACY JENNINGS, 2030 COUNTRY CLUB BOULEVARD Public Hearing on a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 2030 Country Club Boulevard, located within the “RL” Residential Low Density Zoning District. Board member Schoeneman stated that this item has been withdrawn from the agenda. CASE NO. 20-19 SPECIAL USE PERMIT – BARBARA AMES REVOCABLE TRUST, 703 KELLOGG AVENUE Public Hearing on a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 703 Kellogg Avenue, located within the “O-SFC” Single Family Conservation Overlay District. Planner Ray Anderson stated that the requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in a duplex located at 703/705 Kellogg Avenue. The vacation lodging would be at 703 Kellogg Avenue. The applicant is requesting approval of a one-bedroom dwelling unit with one bedroom available for Guest Lodging, and with two adults as guests. The other unit is a two-bedroom unit that will remain a rental unit for household living. The request for adults is consistent with the occupancy standards of the Ames Municipal Code that states no more than three adult occupants may be permitted for a one-bedroom dwelling unit. Parking must comply with the dimensional, location, and paved surfacing requirements of Section 29.406 of the Zoning Ordinance. Generally, parking is not allowed to be located between the building and the street; however, the standards include an exception for stacked driveway parking related to one- and two-family dwellings. The property includes a nonconforming gravel driveway and parking area. To conform to the Zoning Ordinance, this area must be paved to city standards. A minimum of three parking spaces are required, with two for the rental unit, and one for the one-bedroom vacation lodging. Minimum dimensional requirements of 9’x19’ are required for each space. 2 The proposed driveway and parking for the site utilizes all of the existing paved surface in the northwest corner of the lot where there was previously a single car garage. The paving would be widened from 12 feet to 18 feet to accommodate two vehicles side-by-side in the rear yard. The third parking space is stacked behind the two spaces, and utilizes existing paving for all but about three feet. The third parking space also provides room for maneuvering of vehicles to back out of the driveway on the concrete strips. In this configuration, two of the three parking spaces could move independently, without the need to move a third vehicle, provided the two vehicles are parked side-by-side and there is no third vehicle parked in the driveway behind them. The property owner would prefer to construct concrete strips for the driveway leading to the parking spaces. The Municipal Engineer has approved this alternative to paving the full 9-foot width of the driveway. The property has a three-year Letter of Compliance that was issued on July 17, 2018 and will expire on July 17, 2021. Although the Zoning Ordinance does not include any specific separation requirements, a 1,000- foot separation distance requirement will be applied during review of the license application. Currently, there are no licensed Vacation Lodging single-family or two-family properties within 1,000-feet of the applicant. In establishing the 1,000-foot separation requirement, the City Council also established an initial exemption period, which included only applications submitted prior to December 16, 2019. This property will qualify for the exemption if the Special Use Permit is approved and if the application for the Guest Lodging License is received within 30 days of the SUP approval. Exemption from the separation requirement will terminate if the Guest Lodging license for the unit is suspended, revoked, or lapses. Exemption from the separation requirement is not transferrable to any subsequent owner of the property. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest Lodging at 703 Kellogg Avenue to allow a Vacation Lodging use in the “RM” (Residential Medium Density Zone), and the “O-SFC” (Single Family Conservation Overlay District) by adopting the Findings and Conclusions with the following stipulations reflective of the AMC guest lodging standards and one condition: 1. Off-Street Paved Parking Spaces required: 1 2. Maximum Number of Guest Bedrooms allowed: 1 3. Maximum Number of Adult Guests: 3 4. One year of disuse will render this Special Use Permit expired and void. 5. The Special Use Permit is not transferable to any subsequent owner of the property. Condition: The gravel driveway must be paved to City standards, as described in this report, including approval of the paving plan for the driveway and parking. Improvement of the driveway is required no later than nine months from the issuance of a Guest Lodging License. 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 3 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. Applicant Scott Valline, 705 Kellogg Avenue, Ames, Iowa, was sworn in and testified under oath. Mr. Valline stated that he was there to represent the landlords but had nothing further to add to the report. Moved by Schoeneman, seconded by Schappaugh, to adopt ORDER NO. 20-19, thereby approving Alternative One. Roll Call Motion: 3-0. Motion declared carried. CASE NO. 20-20 VARIANCE – PI CHAPTER OF ALPHA DELTA PI BUILDING CORP, 2125 GREELEY STREET Public Hearing on a Variance of Perimeter Parking Lot Landscaping and Bufferyards, a Variance to the amount of allowed compact parking stalls, and an Exception to the drive aisle width dimension located at 2125 Greeley Street, in the “RH” Residential High Density Zoning District and East University Impacted Overlay District. Planner Julie Gould stated that there is no longer a request for an exception to this property. This property is a sorority located at 2125 Greeley Street. The owner has applied for a variance to allow a parking lot to be rebuilt in a way that will allow the required 20 parking stalls to be provided. The subject property has an existing sorority and parking lot constructed on site. The original house was built in 1925 with an addition in 1967 to the current size it is today. Parking has been added over the years and has been in its current configuration since at least the 1980s, predating the current Zoning Code standards. The property owner desires to construct a 402 square-foot kitchen addition. The addition is the result of a kitchen remodel that must comply with the State of Iowa health code requirement, which requires a three-compartment sink and exhaust hood over the range. Kitchen updates cannot be done without these code compliant updates for the use of this property, as group living. The addition is for an essential element of operating the sorority. The addition will be in the rear northwest corner of the house, where the existing kitchen is located, causing a loss of existing parking stalls. The sorority has worked with City staff to find a parking lot layout that provides the required number of parking stalls configured in a logical layout that meets as many of the parking lot requirements as they can. The sorority desires to retain as many appropriate parking stalls as possible rather than seek a reduction in total number of parking spaces below the minimum requirement. A Minor Site Development Plan application for the proposed parking lot has been received and reviewed by staff. The Site Plan cannot be approved by staff without the granting of a “Variance to Perimeter Parking Lot Planters and Bufferyards, and Parking Space and Vehicle Aisle Dimension” by the Zoning Board of Adjustment. The proposed layout has a lack of required landscaping, additional compact stalls, and reduced drive aisle and parking space dimensions that do not meet the current zoning standards. 4 Currently, the sorority parking lot access is off a narrow public alley that is used by many properties. The existing parking area has more parking stalls than what is required but the spaces are not configured in a Zoning Ordinance compliant manner. The proposed kitchen addition will impact the parking lot and create the need for reconfiguration, which triggers compliance with the Zoning Ordinance. The existing parking lot has a number of nonconformities and there is not adequate space on the site to construct a new parking lot with the minimum number of required spaces. The property owner is required to construct the minimum number of required parking spaces for the uses that exist on the property. It is generally the policy of the City to eliminate such other nonconformities as quickly as practicable. Any increase in the nonconforming aspects of the existing parking lot is prohibited. The proposed parking area does not meet all parking and landscaping standards of Zoning Ordinance. Side and rear yards are to have a high screen adjacent to residential zoning. The re- designed parking lot will be in the same location, but the paving will be extended to the north and west. Currently, the extent of the paving along the north property varies in width from two to five feet. This area is gravel and cars park on or overhang the gravel area. The north area of the parking lot is currently grass with a few trees. The existing paving is approximately ten feet from the east property line. The paving at the east end would be extended but still accommodate existing trees and the addition of shrubs in order to meet the high screen standard. The proposed site plan includes 21 parking spaces; 20 are required for this use. The variance of Section 29.406(9) is to allow a length of 17 feet without an allowable overhang, instead of the required 19 feet, for six stalls along the north property line. Although the stalls are setback two feet from the property line, its configuration does not meet standards for landscaping and paving dimensions. Standard parking spaces that abut a planter area at least seven feet in depth may allow for vehicle overhang of 18 inches with an improved (paved) space that is 17 feet 6 inches in length. These six stalls are not counted as compact stalls because they meet standard width requirements. Also, shown on the plan is a 22-foot drive aisle on the east half of the parking lot, two feet less than the required 24-foot drive aisle. The three angled parking stalls do comply with stall dimensions and drive aisle dimensions for stalls parked at a 45 degree angle, as shown with backout to the alleyway for circulation. The applicant is also asking the variance to allow nine compact parking spaces, five more than allowed by code. City code allows 20 percent of the required stalls to be compact when the parking lot consists of 10 or more off-street parking spaces. This site has 21 parking stalls and is proposing nine or 45 percent of the stalls be compact. There are seven compact stalls shown along the west side of the house. Approximately six of these stalls were existing prior to the proposed site plan. Re-striping of the stalls and moving a bike rack allow seven to fit and comply with compact stall dimensions. Three compact stalls will be new to the site, one on the west side of the building and two within the parking lot. In addition to parking configuration variances, the applicant requested a variance from landscape requirements of a high screen and parking lot landscape percentage. A minimum of a five-foot planter is required with specified planting around the perimeter of the parking lot. Parking lots also require 10 percent landscape area. 5 It is the conclusion of staff, based upon an analysis that the project and the applicant’s information, that the request for a variance meets all the criteria. Approval of a variance for the parking dimensions will replace the need for a separate parking lot dimension exception. The Planning & Housing Department recommends Alternative 1 to approve the variance request. The Zoning Board of Adjustment with findings of consistency for all Variance criteria may approve a Variance at 2125 Greeley Street based upon the proposed parking lot layout and kitchen addition represented by Exhibit “C” to allow for a reduction in landscaping, parking space and aisle dimensions, and overall number of compact spaces. Ms. Schoeneman asked Ms. Gould to detail what a high screen is. Ms. Gould stated that there is usually a tree and shrub requirement. Trees and shrubs must be a certain height. There is a formula for so many trees/shrubs per lineal foot. Ms. Schoeneman asked if there is a shrub plan. Ms. Gould said that there currently is not. Applicant John Washington, 26114 520 Avenue, Ames, Iowa, was sworn in and testified under oath. Mr. Washington stated that he is with Fox Engineering, and he put together the site plan for Alpha Delta Pi. He stated that the existing parking lot has 28 spaces, and the new lot will have 21 spaces. The new parking lot will have a handicap parking space. He felt that a high screen could be added to the east side of the property. He said he could work with the trees that are already on the property and add some shrubs. Ms. Schoeneman asked Mr. Washington if he was going to come up with a high screen plan and go over it with staff or if he could discuss what the plan would be for the east side high screen. He said the plan would likely include the addition of one tree and between 12 and 18 shrubs that are at least 4 feet high. Angelina Thomas, 4221 Wembly Avenue, Ames, Iowa, was sworn in and testified under oath. Ms. Thomas stated that she was at the meeting on behalf of Alpha Delta Pi. She is a member of the Housing Corporation Board for Alpha Delta Pi and a former member and resident of the sorority. She stated that the kitchen hadn’t been remodeled since the ‘70s. She said some of the issues with the kitchen include tile falling off the wall, no grease trap, the hood system over the stove not up to code, and no mechanical systems in place for heat or air conditioning. The kitchen remodel was made as limited as possible while still being as concise as possible. Ms. Thomas stated that although the parking would still be non-conforming, she felt that it was being improved. Ms. Gould stated that the applicant provided a floor plan of the remodel, but staff did not give it to the board. She would provide it if requested. Ms. Thomas said that she appreciated that Mr. Perkins was available by phone, so that construction could begin as soon as possible on the remodel. Moved by Schappaugh, seconded by Schoeneman, to adopt ORDER NO. 20-20, thereby approving Alternative One. Ms. Schoeneman moved to amend the motion, stating that the landscaping variance only be for 6 the north side, and that the applicant completes the east parking area high screen bufferyard to the best of their ability. Mr. Schappaugh accepted the amendment. Roll Call Motion: 3-0. Motion declared carried. ADJOURNMENT: Moved by Schoeneman, seconded by Perkins, to adjourn the meeting at 6:33 p.m. _____________________________ _____________________________ Jacque Higgins, Recording Secretary Amelia Schoeneman, Chair