HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 4-9-20141
MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA APRIL 9, 2014
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:08 p.m. on April
9, 2014, in the Council Chambers of City Hall with the following members present: Susan Bradbury,
Shelby Ebel, Matthew Koehler, and Sandra McJimsey. Board Member Patrick Brooks was absent.
Staff members Ray Anderson and Jessica Spoden were also present.
ELECTION OF OFFICERS: Moved by Ebel, seconded by Bradbury, to elect Sandra McJimsey
for the office of Chair of the Zoning Board of Adjustment.
Vote on Motion: 4-0. Motion carried unanimously.
Moved by Bradbury, seconded by Koehler, to elect Shelby Ebel for the office of Vice Chair of the
Zoning Board of Adjustment.
Vote on Motion: 4-0. Motion carried unanimously.
APPROVAL OF MINUTES: Moved by Bradbury, seconded by Koehler, to approve the minutes
of the meeting of March 12, 2014, as written.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 14-07
REQUEST FOR REASONABLE ACCOMMODATION- HABITAT FOR HUMANITY OF
CENTRAL IOWA, 821 DUFF AVENUE
Public Hearing on application for Request for Reasonable Accommodation to allow an
exception from the requirement for double hung windows, as described in the City’s historic
preservation regulations, for the house proposed for construction on the property located at
821 Duff Avenue
City Planner Ray Anderson stated that the subject property is a vacant lot located at 821 Duff
Avenue. Habitat for Humanity plans to construct a duplex on the lot, and seeks a reasonable
accommodation for two handicapped persons seeking to occupy the new duplex. Mr. Anderson
explained that a reasonable accommodation because of a handicap can be granted when the
application of the zoning law acts as a barrier to fair housing. The requested accommodation is based
upon the physical limitations of these future residents and their ability to live in and maintain their
home.
Mr. Anderson said that the applicant has requested three exceptions:
1.The installation of casement windows on the proposed duplex, as a substitute for double hung
windows that are required for the Hipped Cottage style of architecture in the Old Town
Historic District, as defined in Section 31.13(26)(f)(vii) of the Municipal Code;
2.The construction of a new duplex in the Old Town Historic District that does not meet the
minimum required “solid/void ratio” of 20 to 35% void. The solid/void ratio includes the wall
area above the foundation and below the roof [Section 31.13(26)(viii)]; and,
3.The installation of metal clad windows that do not meet the requirements for the historic
wood materials in the Old Town Historic District, as detailed in Section 31.13(25).
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Mr. Anderson noted that all of the requests are part of the standards in a different chapter (Chapter
31, Historic Preservation Districts) of the City Code than what the ZBA typically deals with. Because
the regulations found in Chapter 31 deal with a zoning overlay (O-H Historic Preservation), the ZBA
has the authority to grant a reasonable accommodation to the Design Guidelines and Design Criteria
for persons seeking fair access to housing in the application of the City’s zoning laws. However, City
staff’s analysis was that two of the three requests did not relate directly to the disability of the
occupants; therefore, the ZBA would only have authority on one of the requests. Mr. Anderson
explained that the request for casement windows is due to the fact that the occupants can operate the
crank of a casement window, but are not able to push up the sash on a double hung window. It would
be a physical change directly related to the disabilities of the occupants. It is staff’s belief that the
other two requests, an exception to the solid/void ratio and the installation of metal clad windows,
should be ruled on by the Historic Preservation Commission (HPC) rather than the ZBA.
Mr. Anderson explained that, unlike Variance criteria which must all be met in order for a request
to be approved, the Code gives “factors for consideration” for Reasonable Accommodations. He
reviewed the factors and findings of fact and conclusions as detailed in the staff report. He stated that
staff has found the request for casement windows to meet the factors for consideration, and approval
is recommended with the following condition:
Accommodation to allow casement windows requires that the applicant install the trim and sill
as is typically found on houses with double hung windows that are historically significant. The
design of the center meeting rail, trim and sill is subject to approval by the Historic Preservation
Commission.
Mr. Anderson noted that the ZBA is ruling on the type of window used, but the details of the design
and materials would be up to the HPC.
Upon being questioned by Assistant City Attorney Jessica Spoden, Mr. Anderson indicated that
Habitat for Humanity has not yet purchased the subject property. However, Habitat has been given
permission to make the application. Ms. Spoden suggested that if the Board does approve the
application, the approval should be conditioned that it would only apply to occupants who require
the reasonable accommodation. If the sale to Habitat did not go through, that condition would be in
place, and if the building were built for another occupant who didn’t need the accommodation, it
would be built to the normal standards in the O-H District.
Chair McJimsey noted that Habitat for Humanity is listed as the property owner on the application,
which is not the case. She said it should be part of the record that they do not yet own the property.
Ms. Spoden reiterated that the current property owner is aware of and has consented to the proposal.
John Lott, Benjamin Design Collaborative, 823 Douglas Avenue, Ames, Iowa was sworn in and
testified under oath. He stated that he is the architect for the project. Board Member Ebel inquired
as to why the solid void ratio is not being met. Mr. Lott indicated that the requirements in Chapter
31 are referring to single family homes, which typically have four exterior walls. The proposed
structure is a duplex, which means that each unit has a blank wall down the middle of it. This
complicates the ability to have a normal home arrangement inside. Adding to that the fact that both
occupants are handicapped and that Habitat has very strict requirements for the home to be of modest
size and affordable makes it very difficult to arrange a lot of windows. Mr. Lott explained that the
solid void ratio is met on the front facade but not on the other three sides.
Upon being questioned by Ms. Ebel, Mr. Lott said that the applicant has been working for months
to get the property purchased. He explained that Habitat for Humanity will purchase the property,
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help construct the home for the occupants, and then the occupants will purchase their respective side
of the duplex. He said that Habitat would not have an issue with the condition proposed by Assistant
City Attorney Spoden; they have every intention of building the duplex specifically for persons with
handicaps.
With regard to the request for metal clad windows, Mr. Lott asked the ZBA to consider the request
despite staff’s determination that it was not within its purview. He explained that the request relates
to the fact that metal clad windows do not need regular maintenance, and these applicants cannot get
outside to paint their windows due to their disabilities.
Don Jaspering, 1208 Adams Drive, Ames, Iowa, was sworn in and testified under oath. He stated that
he is the parent of one of the future occupants. He asked the Board to support the metal clad window
request.
Board Member Bradbury noted that the Board would need to determine whether or not the window
cladding issue is linked to the need for an accommodation. Ms. Ebel said that a painter could be hired
for wood windows; she does not think that request is specifically tied to an accommodation. She
believes that it is more of a design issue and would be better handled by the HPC. The Board
concurred. Board Member Koehler said that the solid void ratio request is also a design issue and
should be handled by the HPC. Ms. McJimsey agreed, and added that it seemed to be more of a
problem because the structure is a duplex, not because it is being built for handicapped occupants.
She does think that the casement windows are a direct need and that the ZBA has authority for that
request.
Moved by Ebel, seconded by Bradbury, to adopt ORDER NO. 14-07, thereby approving the Request
for Reasonable Accommodation to allow an exception from the requirement for the “double hung”
style of windows for a new house of the “Hipped Cottage” type of architecture, in the Old Town
Historic District, at 821 Duff Avenue, based upon the findings and conclusions in the staff report,
with the following stipulations:
1.Accommodation to allow casement windows requires that the applicant install the trim and sill
as is typically found on houses with double hung windows that are historically significant. The
design of the center meeting rail, trim and sill is subject to approval by the Historic Preservation
Commission.
2.That the approval is conditioned upon the occupants meeting and requiring the reasonable
accommodation
Vote on Motion: 4-0. Motion declared carried unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by Bradbury, seconded by Koehler, to adjourn the meeting at 7:53
p.m.
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Emily Burton, Recording Secretary Sandra McJimsey, Chair