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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 3-08-2017MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA MARCH 8, 2017 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on March 8, 2017, in the Council Chambers of City Hall with the following members present: Amelia Schoeneman, Kyle Perkins, Matthew Koehler, and Susan Bradbury. Board member Shelby Ebel was absent. Assistant City Attorney Mark Lambert and City Planner Ray Anderson were also present. APPROVAL OF MINUTES: Moved by Bradbury, seconded by Schoeneman, to approve the minutes of the meeting of February 8, 2017. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 17-02 SPECIAL USE PERMIT – Keith Denner, A & D Partnership, Public Hearing on application to amend the Special Use Permit for Reconstruction of a Damaged Nonconforming Structure at 301 S. 4th Street City Planner Ray Anderson displayed a site plan for the project. He stated that on October 12, 2016, the applicant was granted a Special Use Permit (SUP) to rebuild a damaged nonconforming structure on the property located at 301 S. 4th Street. The approved SUP application was specifically in relation to the reconstruction of the apartment building for nonconformities related to the structure itself, which included the rear yard setback, side yard setback, location of parking in front yard, and total parking spaces. In the event the SUP was denied, the property owner would have been required to redevelop the site in conformance with all of the current development and building standards of the City. To grant the SUP, the Zoning Board of Adjustment made a finding that the building restoration would be made to the fullest extent possible in conformance with the applicable zoning standards, given the three nonconforming site features related to the structure itself. The other nonconforming conditions related to parking were categorized as “other nonconformities” within the Zoning Ordinance and were deemed not practicable to be removed or reduced in their degree of nonconformity with the reconstruction of the apartment buildings. The former structure, originally constructed in 1984, was a three -story, 33-unit apartment building, and was destroyed by fire on June 6, 2016. The SUP allowed the property owner to rebuild the apartment building on the foundation of the former building, which was salvaged during demolition of the above-ground portion of the building. An expansion of the original building, which included a 30 foot by 22 foot (660 square foot) addition to the building footprint, on the southwest corner of the existing foundation, was also permitted as part of the reconstruction. The mix of two-, three- and four-bedroom units in the new apartment building changed from what existed in the former building. There is a reduction in the total number of dwelling units from 33 units in the original structure to 24 units in the new building. The total number of bedrooms was reduced from 69 to 67 bedrooms, and the corresponding number of parking spaces also decreased from 65 to 59 spaces with the approved reconstruction. Both buildings are three-story, with a basement level exposed on the south side of the building. However, the new apartment building was approved with a flat roof; whereas, the former building had a 4/12 pitched roof. The request by the property owner (applicant) is for approval of an amendment to the S UP to allow expansion of the nonconforming structure, located at 301 S. 4th Street. The expansion would include two apartments, with a total of seven additional bedrooms in the basement level of the apartment building. The basement area, proposed for the two new apartments, was previously used for eight parking spaces under the original 1984 building. The eight spaces were changed to storage area in the reconstruction plan and were not included as part of the approval that included 59 parking spaces. To provide parking spaces for the seven additional bedrooms, the applicant has a contract to purchase the lot at 305 S. 4th Street, which abuts the west property line of the subject property at 301 S. 4th Street. The property at 305 S. 4th Street is presently occupied by the single-family detached dwelling. The applicant proposes to maintain the dwelling, and divide the property, through approval of a Plat of Survey. The division would include a parcel with the dwelling that includes approximately 8,729 square feet, and a parcel to be used for seven new paved parking spaces that includes approximately 3,637 square feet. The new parcel with the parking spaces would be consolidated with the parcel at 301 S. 4th Street to provide parking spaces at 301 S. 4th Street, for the seven additional bedrooms in the reconstructed apartment building. The parcel for the single-family detached dwelling would meet the minimum required rear yard setback. The nonconforming site feature which directly impacts the proposal by the applicant to add seven more bedrooms to the apartment building is the number of parking spaces for the apartment building site. The Zoning Board of Adjustment must make a finding that the building restoration would be made to the fullest extent possible in conformance with the applicable zoning standards for parking. There are a total of 59 parking spaces on site for the 67 bedrooms in the reconstructed apartment building, as granted by the SUP approved in October, 2016. This is a deficiency of eight parking spaces from the minimum number of 67 parking spaces required by current zoning standards, which is one parking space for each bedroom. The applicant now proposes to add seven additional bedrooms, and provide a parking space for each of the additional seven bedrooms. This amendment to the SUP would change the total number of bedrooms from 67 to 74, and the total number of parking spaces from 59 to 66. The number of parking spaces provided for the additional bedrooms meets the current zoning standards of one parking space per bedroom. However, the total number of parking spaces on site would continue to be deficient by eight parking spaces, in comparison to the minimum number of parking spaces required for a new apartment building, by current zoning standards. The addition of seven parking spaces for the seven proposed bedrooms would leave the parking deficiency the same, in terms of absolute numbers, as approved by the SUP in 2016, but does not reduce the degree of non-conformity. Proposed Site Changes. Minimal changes are proposed on the remainder of the site, which were all approved as part of the site plan for the SUP in 2016. Zoning & Land Use of Surrounding Properties. No rezoning is proposed by the applicant at this time. The surrounding neighborhood is a mix of zoning and land uses. Zoning of the property at 301 S. 4th Street is RH (Residential High Density), and zoning of the land at 305 S. 4th Street is S-SMD (South Lincoln Sub Area Mixed-Use District). Consolidation of a portion of the lot at 305 S. 4th Street, with the land at 301 S. 4th Street, would not change the location of the zoning line that separates the RH zone from the S-SMD zone. Therefore the property at 301 S. 4th Street could have split zoning with the proposed parking lot in the S-SMD zone, and the apartment building, and existing parking lot in the RH Zone. Zoning of property to the north, east and west is S-SMD. The standards for parking lot construction are the same regardless of the underlying base zoning district. Properties to the south and southeast of the site are zoned as RH. Land use consists of single-family dwellings along both sides of S. 4th Street. Commercial service and retail uses are located north and east of the site. South of the site are large apartment buildings that line the north side of S. 5th Street. Nonconforming Structure. In accordance with Section 29.307(3)(c)(ii) of the Municipal Code: “Any nonconforming structure damaged to the extent of more than 70% of its assessed value may not be rebuilt, repaired, or used unless the rebuilt structure conforms with all regulations of the district in which it is located or unless the Zoning Board of Adjustment approves the reconstruction by granting a Special Use Permit after determining that restoration will be made to the fullest extent possible in conformance with applicable zoning standards.” The following nonconforming site feature is directly related to the proposal to add seven additional bedrooms to the reconstructed apartment building:  Total Number of Parking Spaces. The total number of parking spaces required for the original building was 62 spaces for 33 units with a total of 69 bedrooms. A total of 65 spaces (including three off-site) were provided with the original building. The current zoning ordinance would require a total of 74 parking spaces for the original building, which is a difference of nine fewer spaces provided than what would be required by the current standards before it was destroyed by fire. The total number of parking spaces required for the approved reconstructed apartment building is 67 spaces for 24 units configured with two-, three-, and four-bedroom units that total 67 bedrooms. A total of 56 parking spaces are shown on the site plan for the reconstructed apartment building, with the continued use of three remote parking spaces that exist immediately to the south of the site, which is a difference of eight fewer spaces provided than what is required by the current zoning standards. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Mr. Anderson. It was said that the site includes a number of deficiencies compared to existing standards that will not be remedied without redevelopment of the entire site. The deficiency in the number of parking spaces on the site will not be resolved by the proposed amendment to add seven bedrooms and seven parking spaces to the site. The currently approved deficiency of eight parking spaces will not be increased by the changes proposed to the approved SUP, and staff concludes that the proposed amendment to the SUP to allow the addition of seven bedrooms and seven parking spaces to the site of the reconstructed apartment building at 301 S. 4th Street, can be found consistent with the standards required for granting of a SUP. Mr. Anderson stated that based upon the Findings of Fact and Conclusions, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment approve the request for an amendment to the SUP with the modified site development plan for the parking addition to allow rebuilding of a damaged nonconforming structure in a residential zone, at 301 S. 4th Street, with the condition that a Plat of Survey be approved by the City Council, and copies of the recorded documents b e received by the City Clerk’s office, prior to final approval of the minor site development plan and issuance of a building permit. Ms. Bradbury questioned if the retaining wall was an existing wall. Mr. Anderson said that was correct. Mr. Anderson also displayed a landscaping plan to point out where the trees, scrubs, and the six-foot high perimeter fence would be located. He clarified that the perimeter fence would be around the seven parking spaces shown in the final proposed plan, and it would be along the north, west, and south sides of the lot. The fence would be very similar to the existing fence on adjacent parking lot. Ms. Schoeneman asked for the zoning uses of the surrounding lots. Mr. Anderson displayed the zoning map, and mentioned that 301 S. 4th Street is RH (Residential High Density), and zoning of the land at 305 S. 4th Street is S-SMD (South Lincoln Sub Area Mixed-Use District). Mr. Anderson said there are apartment buildings located south of the subject property, residential is located to the west, and commercial uses are located north of the property. Mr. Koehler asked if the handicap parking space located to the south had access to a lower-level entrance. It was said that there is a walk-out basement with hallway that enters into the apartments on the lower level. The three off-site parking spaces were approved with the original construction of the building. They are outside of the property line, however the spaces are considered remote parking and count towards the required parking. Keith Denner, A & D Partnership, was sworn in and testified under oath. Mr. Denner said that Staff has been great and appreciates what has been allowed to get the project started. He gave a brief update on the project since last meeting with the Zoning Board in October 2016. He stated that they do not desire to have a 5,000 square foot basement for a storage area. Mr. Denner said they are on a design-build basis, and did not have time to work with a contractor. He believes it is about an $800,000 gap between what it will cost to replace the basement and what the insurance agency is willing to pay. He said the revenue from the two units would help to offset the $800,000. Mr. Denner stated the two units would be a better use than storage, and because they have acquired additional parking, the percentage of noncompliance is decreasing because there are more total spaces. Mr. Koehler asked if additional storage would be provided. Mr. Denner answered that was correct and pointed out where on the site plan. He added that the space intended for storage is more than adequate in size, and since the space has no windows, it cannot be utilized in any other way. Ms. Bradbury inquired about the three off-site parking spaces. Mr. Denner said they have already been approved in a recorded agreement. He added that the spots all have access to S. 5th Street. Mr. Denner also confirmed that the house located at 305 S. 4th Street will continue to be used as a rental property with driveway access. Ms. Schoeneman noticed that several driveways on S. 4th Street had been barricaded, and asked if parking was only allowed on one side of the street. She was concerned that there may be an existing issue with parking in the area. It was said that property owners had put up barricades because many people use their lots to turn around in since S. 4th Street is considered a dead end street. Mr. Denner mentioned that once construction vehicles are finished in the area, drivers will be able to turn around in the proposed parking lot. Ms. Bradbury asked if any feedback was provided from surrounding property owners. Mr. Anderson said that no comments were received. Ms. Schoeneman claimed she did not see a public notice sign on the property, and asked if one had been posted. Mr. Anderson stated that one should be on the property. Ms. Bradbury mentioned that with the seven additional parking spaces, the plan is 1% closer to compliance. Moved by Koehler, seconded by Perkins, to approve ORDER NO. 17-02, thereby approving the request for an amendment to the Special Use Permit with the Modified Site Development Plan for the parking addition to allow rebuilding of a damaged nonconforming structure in a residential zone, at 301 S. 4th Street, with the condition that a Plat of Survey be approved by the City Council, and copies of the recorded documents be received by the City Clerk’s Office, prior to final approval of the Minor Site Development Plan and issuance of a building permit. Roll Call Vote: 4-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Perkins, seconded by Koehler, to adjourn the meeting at 6:27 p.m. _____________________________ _____________________________ Heidi Petersen, Recording Secretary Matthew Koehler, Acting Chair