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HomeMy WebLinkAboutA002 - Council Action Form dated October 22, 2025 1 ITEM: 2 DATE: 10/22/25 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT REQUEST: Application for a Practical Difficulties Variance to allow a detached garage greater than 900 square feet in size and to allow a cumulative width of all garage door openings to exceed 30 feet in the Residential Low-Density Zone (RL) at 2612 Woodview Drive. BACKGROUND: Erik Flenniken, the applicant and owner of 2612 Woodview Drive (see Location Map— Attachment 1) requests a variance to allow for a 1,600 square foot detached garage where a maximum of 900 square is permitted. Staff could approve a 20% increase in size under alternative design flexibility for a garage size of 1,080 square feet. Originally, the request included a cumulative garage door width variance that is no longer applicable as the owner will conform to the standards by modifying the existing garage doors to be excluded from the total. The property contains an existing partially submerged attached garage with one existing 9-foot opening. The garage previously contained two openings, but one has been reconstructed from a vehicle entry to a person entry. The owner intends to modify the remaining garage door opening to 8 feet to exclude it from the garage door calculations. See Attachment 2 for details. The applicant states that the existing garage is undersized with a garage door height of 6 feet. The applicant further state s that the doors no longer function effectively for modern vehicles due to the height and cannot accommodate the family’s full-size vehicles. The applicant submitted a building permit on August 27, 2025, proposing a new detached 1,600 square foot garage. The garage is situated to rear of the home facing Woodview and between the home and Oakwood Road to the south. The applicant was informed that the proposed garage size exceeded the maximum 900 square feet allowed by the Zoning Ordinance standards for detached accessory structure s. The standard applies to each individual accessory building and is not cumulative square footage for all accessory buildings. Staff informed the applicant that the 1,600 square foot design would not be allowed, unless it were constructed as an addition to the principal structure, the single-family home. The applicant states that they evaluated the potential for an addition and determined that due to the existing grade and structural conditions, an addition would not be a compatible solution. The applicant further claims that that addition would require significant reconfiguration of the principal structure and yard, leading to an inefficient use of space, disrupting the streetscape and neighborhood pattern, and introduce a significant cost. 2 The applicant proposes constructing a new 1,600 square foot garage that includes two garage door openings, one being 16 feet wide and one being 9 feet wide. The applicant claims that the request is necessary due to “unusable basement stalls”. Because of this, the owner must park their vehicles in the driveway. The applicant believes that having a new 1,600 square foot garage will provide organized parking and increase curb appeal. The applicant believes that the proposed size of 1,600 square feet for the garage is the minimum size necessary to achieve safe, functional use of the property that meets ordinary needs for parking, storage, and safe access. As noted by the applicant, the design allows the owner to reduce the need for multiple accessory structures, minimize impervious coverage, and preserve open space. The applicant has received five signatures and one letter in support of the application from neighboring property owners. The property is Residential Low Density (RL). It contains an existing two-story home with partially submerged garage. The site is relatively level, but the area around the house was built up at the time of the construction of the home to create the grade change referenced by the applicant. RL zoning allows for a maximum building coverage of 35%. The lot size is approximately 35,048 square feet and would allow for 12,267 square feet of building coverage. If the new garage were approved, the onsite building coverage would be approximately 3,630 square feet, or 10%. The site plan, Attachment 3, shows that the proposed garage would meet height and setback requirements. If the variance is not granted, the applicant could choose to construct a garage up to the maximum allowable size and consider adding a separate second accessory building that also complies with all zoning standards to add additional space. APPLICANT PETITION AND STATEMENT OF SUPPORT OF PROPOSAL: The applicant has submitted responses to the variance criteria. See the attached supporting information prepared by the applicant as part of the “Variance Application Packet”. Portions of this information in addition to the staff findings are summarized within the addendum. APPLICABLE LAW: The applicant requests a “Practical Difficulties” variance in relation to numeric standards of the Zoning Ordinance. The Board shall determine, pursuant to Iowa law, whether all the standards for granting of a variance are satisfied by the Variance Request. Based upon the criteria defined by state law, the application submitted, and the conditions of the site, staff was not able to make findings in support of the variance. The Criteria for Approval and Findings of Fact prepared by staff are included in the Addendum. Pertinent Sections of the Ames Municipal Code include the following: 3 Sec. 29.408.(7) Requirements for Private Garages and Other Accessory Buildings. (a) The following requirements apply to private garages and accessory buildings in Agricultural, Residential and Hospital/Medical districts: (iii) Size. (a) Detached garages and accessory buildings in the rear yard shall not occupy more than a total of 25% of the rear yard. (Ord. No. 4453, 1-25-22) (b) The maximum gross floor area shall not exceed 900 square feet for a detached garage or accessory building/structure to a Single -Family Dwelling or 1,200 square feet for accessory uses to a Two-Family Dwelling. (Ord. No. 3595, 10-24-00; Ord. No. 3861, 11-22-05; Ord. No. 4192, 8-26-14) Section 29.1504 VARIANCE (4) Standards. Pursuant to Iowa law, a variance, as defined by lowa Code section 414.12(3), to the terms of this ordinance, including use, shall be granted only if all the following standards are satisfied: (5) Standards for Area, Dimensional, or other numerical limitations. A variance for area, dimensional or other numerical limitations as defined by Iowa Code section 414.12(4) may be granted where owing to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties to the property owner in making a beneficial use of the property allowed by the zoning ordinance, and so that the spirit of the ordinance shall be observed and substantial justice done. Area, dimensional, or other numerical limitations subject to variances include but are not limited to requirements for minimum lot size, setbacks, yard widths, height, bulk, sidewalks, fencing, signage and off-street parking. To receive the requested area, dimensional, or other numerical variance, the property owner must prove that: (a) The practical difficulties faced are unique to the property at issue and not self-created; (b) Demonstrate that granting them variance will not significantly alter the essential character of the surrounding neighborhood; (c) The spirit of the ordinance shall be observed even when the variance is granted; and (d) Substantial justice shall be done as a result of granting the ordinance. PUBLIC NOTIFICATION: Notification was made to all owners of property within 400 feet. A notice of public hearing sign was placed on the property and published in the newspaper. 4 ALTERNATIVES: 1. The Zoning Board of Adjustment denies the request for a Variance to allow a detached garage greater than 900 square feet in size by adopting the findings that the evidence does not support the explicit finding of consistency with all Variance criteria. 2. The Zoning Board of Adjustment makes specific findings for consistency of the request with all Variance criteria, approves the Variance for a 1,600 square foot detached garage at 2612 Woodview Drive. 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: It is the conclusion of staff, based upon an analysis of the project and the applicant’s information, that the request for a variance does not meet all of the criteria. As discussed in more detail in the addendum, the site has some grade issues affecting a practical addition to the home, but the conditions of the site do not directly relate to constructing an oversized accessory building that exceeds the maximum allowance. Although on occasion, an attached garage may exceed 900 square feet, the 900 square foot allowance for a detached garage already exceeds commonly built garages and storage spaces of either attached or detached garages. To accept the applicant’s proposal the Board would need to find that the conditions complicating an addition supports variances to other zoning standards of a detached structure. Staff did not find that enough evidence was provided to support a determination that site conditions relate to a practical difficulty that was not self-created, that the larger structure is not in keeping with the spirit of the ordinance, and that there is no issue of substantial justice. Staff believes the variance does not impact neighborhood character. The proposed findings of fact address all applicable criteria. The Planning Housing Department recommends Alternative 1 to deny the variance requests. The applicant could then choose to comply with the requirements and continue with plans to construct a detached garage that complies with zoning standards. 5 ADDENDUM Staff makes the following findings of fact and conclusions for each of the Variance criteria: (a) The practical difficulties faced are unique to the property at issue and not self-created. FINDING: The subject property contains a change in grade and a partially submerged garage that makes construction of a garage addition to the principal structure challenging. The property was constructed in 1965 and was uniquely constructed with a partially submerged garage with a 6 and half foot ceiling height. The first floor of the property sits at a level grade with the road, while the driveway slopes down as it continues east on the property. The result is a driveway and garage that sits below the grade of the road. Photos included in Attachment 3. If the owner were to construct the proposed 1,600 square foot garage as an addition to the principal structure, it would be allowed by code. However, per the applicant, due to the unique construction of the house due to the existing grade and existing garage, this would lead to significant structural challenges. The 19- foot height of the proposed garage, with 12-foot walls, would exceed the height of the existing garage and intersect with the first floor of the home. A garage addition would require reconfiguration of the principal structure in order to support the proposed garage. The site is large for a single-family property within City limits at approximately 35,048 square feet. The property is also relatively level within the rear of the property. The site would not impact the homeowner’s ability to construct a garage that complies with the Ames Municipal Code. CONCLUSION: Although there may be practical difficulty in constructing a garage addition, the large relatively open and level yard (in the rear of the property) does not create a unique challenge that would make meeting the 900 square feet size requirement impractical. A 900 square foot garage sized 30 feet by 30 feet would provide accessible space for parking and storage, while complying with the size requirements of the Ames Municipal Code, and remain consistent with residential properties in the community. The design decision to construct a 1,600 square foot garage is a code conflict that is self-created. Therefore, the Board can conclude that this criterion is not met. 6 (b) Granting the variance will not significantly alter the essential character of the surrounding neighborhood. FINDING: The property is located in a neighborhood with large single-family lots. Due to the large lots, several homes in the area have been constructed with large, attached garages. The Residential Low-Density Zone (RL) allows for 35% maximum building coverage. Due to the neighborhood containing single -family lots that are larger than a standard single-family lot within Ames, construction of several large, attached garages was able to occur. The property directly to the north constructed an attached garage of 1,778 square feet. The property located to the east constructed an attached garage of 1,299 square feet. The property located to the west contains an attached garage of 894 square feet. The applicant proposes a 1,600 square foot garage. Additionally, with a lot size of 35,048 square feet, the construction of the garage would bring the onsite building coverage to approximately 10%, complying with the Ames Municipal Code. CONCLUSION: Properties in the neighborhood contain large lots, which allows for larger sized homes and garages compared to typical single-family lots within the city. The neighborhood has a broad range of garage sizes, all attached . A new 1,600 square foot garage, although detached, would not significantly alter the character of the surrounding neighborhood due to the large lots and setbacks in this area. The applicant includes statements of support from the rear yard neighbors as well. Therefore, the Board can conclude that this criterion is met. (c) The spirit of the ordinance shall be observed even when the variance is granted. FINDINGS: Per Section 29.501(3)(e)(i), Accessory uses are clearly incidental and customary to and commonly associated with the operation of the Principal Use. Accessory uses are permitted, provided they are subordinate to the principal structure and meet the applicable code requirements. The proposed garage has a footprint of 1,600 square feet, while the principal structure, including the existing attached garage, has a footprint of 1,464 square feet. Although the proposed garage with a height of 19 feet is not larger in size, and sits at a lower elevation, reducing the scale appearance, it does exceed the footprint size of the principal structure and would not be clearly subordinate in terms of footprint. The code requirements for accessory structures to single-family dwellings sets a maximum size limitation of 900 square feet in order to ensure additional on -site 7 accessory structures remain compatible and complementary with the principal structure, as well as the surrounding development. The allowance for 900 square feet easily allows for a garage that stores 3 to 4 vehicles. If the variance were denied, the homeowner could move forward with the construction of a detached garage that does not exceed 900 square feet in size. This alternative would not only align with the code requirements for accessory structures, but also the purpose of accessory structures, which is to be clearly incidental and customary to the principal structure. CONCLUSION: A Variance 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. As there are alternatives, such as constructing a detached garage that does not exceed 900 square feet, the spirit of the Ordinance is not observed. Therefore, the Board can conclude that 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 practical difficulty must be peculiar to the property or that an issue of equity in the use of property exists. Although challenges may exist that impact the owner’s ability to construct an attached garage, the property does not limit the owner’s ability to construct a detached garage that complies with the Ames Municipal Code. All properties within the City of Ames are held to the requirements of the Ames Municipal Code. Properties within the neighborhood have attached garages exceeding 900 square feet in size. However, if those garages were not integrated with the principal structure, they would be held to the same requirements of the subject property and limited to 900 square feet in size. Constructing a garage is a design choice. Parking outdoors, either on street or off street, is not unique to the property, nor is the property restricted in their ability to construct a garage to provide structured off-street parking. CONCLUSION: With a relatively level rear yard located on a lot sized at 35,048 feet, the property owner is not restricted in their ability to construct a code compliant detached garage or to situate multiple structures on the site to accomplish their overall goals. The Board must determine if there is a hardship attributable to the property that results in lack of equal use of the property compared to others subject to the same regulations. The granting of a variance to allow a 1,600 square foot garage 8 would not provide substantial justice in the use of the property . Multiple accessory buildings of of up to 900 square feet are allowed to be constructed without a variance. Therefore, the Board can conclude that this criterion is not met. 9 Attachment 1 Location Map 10 Attachment 2 Photo of Existing Structure Home Existing Garage New Garage Existing Chain-link fence Wo o d v i e w D R Oakwood RD Driveway 984 982 980 982 New Chain-link fence 40'-0" 40 ' - 0 " 61 ' - 0 " 24'-0" 181'-6" 19 3 ' 23 ' - 5 " 56'-10" 32'-0" 34'- 7 " 48'-10" 10 ' - 0 " 69'-9"5'-4" 12 ' - 1 1 " 22'-0" 14'- 2 " 39 ' - 3 " 38'-4" 12 9 ' - 6 " 18'-6" 40 ' - 0 " 15'-0" 15 ' - 0 " 14 ' - 6 " 57 ' - 8 " 49'-7"22'-8" 28 ' - 1 " 6'-0" 7' - 0 " 15 ' - 2 " 10 ' - 0 " 10'-0" 82'-5" 10ft 20ft 50ft0ft Flenniken Garage Build Siteplan 2612 Woodview Dr Ames, Iowa Alicia Wrabek Design - Timberbrook Builders alicia@timberbrookbuilders.com Tyler Wrabek Builder - Timberbrook Builders Tyler@timberbrookbuilders.com 515-450-6416 Flenniken Garage Build Elevations 2612 Woodview Dr Ames, Iowa Alicia Wrabek Design - Timberbrook Builders alicia@timberbrookbuilders.com Tyler Wrabek Builder - Timberbrook Builders Tyler@timberbrookbuilders.com 515-450-6416 5'-0"5'-0"3'-9 3/4"9'-0"16'-0" 12 ' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 5'-0"3'-8 5/8"10'-0"3'-0"3'-0"12'-0" 40'-0" 3'-3 1/2" 40'-0" 6' - 1 1 " 3' - 0 " 3' - 1 1 " 3' - 0 " 3' - 1 1 " 5'-0" 12 ' - 0 " 40'-0"40'-0" 10'-2 1/4"3'-0"18'-6" 18 ' - 9 " 12 ' - 0 " 6' - 1 1 " 3' - 0 " 18 ' - 9 " 3' - 1 1 " Front Elevation Side Elevation (North) Back Elevation Side Elevation (South) Flenniken Garage Build Space Layout 2612 Woodview Dr Ames, Iowa Alicia Wrabek Design - Timberbrook Builders alicia@timberbrookbuilders.com Tyler Wrabek Builder - Timberbrook Builders Tyler@timberbrookbuilders.com 515-450-6416 Aspirational Rendering