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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 4-13-2011MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA APRIL 13, 2011 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:10 p.m. on April 13, 2011, in the Council Chambers of City Hall with the following members present: Bruce Calhoun, Sandra McJimsey, and Thomas Weber. Board Members Elizabeth Erbes and Gary Taylor were absent. Staff members Charlie Kuester and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Calhoun, seconded by Weber, to approve the minutes of the meeting of March 9, 2011, as written. Vote on Motion: 3-0. Motion carried unanimously. CASE NO. 11-03 – EXCEPTION FOR MINOR AREA MODIFICATION, 3408 TRIPP STREET Public Hearing on application for Exception for Minor Area Modification to allow a reduction in the required side setback by two feet to allow a second story addition to a residential structure City Planner Charlie Kuester explained that the applicant/property owner wishes to convert his home from a duplex to a single family dwelling and add a second story. The existing single story home currently meets all the required setbacks; however, the addition of the second story changes the required side setback from six feet to eight feet. Except for the required eight foot side setback, the project would meet all other zoning standards. Mr. Kuester reviewed the criteria that must be met in order for the Board to grant an Exception. As stated in the Findings of Fact and Conclusions in the staff report, Mr. Kuester said that City staff found the application to meet all of the criteria. Staff recommended approval of the application, on the condition that the house be converted to a single-family dwelling and that the gravel driveway on the west side of the property be removed and the curb reestablished. Board Member Calhoun inquired about the criterion which states that special circumstances or practical difficulties must apply to the property. He asked what the definition of “property” is in this context. Mr. Kuester indicated that property means not just the lot, but the real estate and improvements as well. Assistant City Attorney Judy Parks concurred. Mr. Calhoun noted that the second criterion considers light and air circulation between buildings. He said that the house to the south of the subject property is very small, and it seems reasonable that the owner might want to eventually build a larger house. He wants to make sure that the rights of that property owner would not be removed if the Exception is granted. Board Member McJimsey noted that an addition to the neighbor’s house could be offset; the owner does have flexibility to design something that would work on the lot. She asked if City staff had heard from that property owner regarding the application. Mr. Kuester said that the applicant had received a signature from the property owner of the house to the south, 234 South Franklin Avenue, indicating that he had no objections to the proposed project. Several other adjacent property owners inquired about the project, and the only concerns expressed were regarding the gravel driveway and the number of vehicles parked at the subject property. Mr. Kuester noted that fewer vehicles would be present at the property after it is converted from a duplex to a single-family dwelling, and staff is recommending removal of the gravel driveway. Ms. McJimsey asked if the conditions of approval attach to the property deed, particularly the condition that the dwelling be permanently converted to a single-family home. Assistant City Attorney Parks said that a Decision and Order will be issued, and it will be recorded and be part of the abstract of the property. Ms. McJimsey asked if the City would deny the conversion of the dwelling back to a duplex if a future owner wanted to do so. Mr. Kuester said that it would be denied; the City keeps permanent property files for building permits, and a copy of the Decision and Order would also be kept in this property’s file. If someone came in for a building permit for conversion in the future, the City would be aware of the restrictions. Jerry Litzel, 3408 Tripp Street, Ames, Iowa, stated that he would like to add a second story to his home and eliminate the duplex. Board Member McJimsey asked if he is agreeable to getting rid of the gravel driveway and restoring the curb. Planner Kuester noted that the applicant would be responsible for paying all costs associated with this condition. Mr. Litzel said that he was amenable to all of staff’s recommendations. Moved by McJimsey, seconded by Calhoun, to adopt ORDER NO. 11-03, thereby approving the request for an Exception for Minor Area Modification to the side setback of the Zoning code from the required eight feet to six feet from the south property line to allow the addition of a second story to the single-family dwelling, on the condition that the home be permanently converted to a single-family residence, and that the gravel driveway on the west side be removed and the curb reestablished at the street line. Roll Call Vote: 3-0. Motion declared approved unanimously. CASE NO. 11-04 - EXCEPTION FOR MINOR AREA MODIFICATION, 712 DUFF AVENUE Public Hearing on application for Exception for Minor Area Modification to allow a reduction in the required side setback by two feet to allow a lot line adjustment to accommodate an existing driveway Mr. Kuester explained that this was another request for a side yard setback exception. The application is for the property located at 712 Duff Avenue; however, the request comes from the homeowner to the north at 718 Duff. This property has a driveway on the south side which encroaches approximately 2.5 feet into the 712 Duff Avenue property, a condition that has existed for many years. The owner of the driveway would like to acquire the sliver of land from the southern property to incorporate into her land. This would create a non-conformity on 712 Duff Avenue by allowing the house to fall below the minimum 8 foot side setback, which is why the Exception is sought. Mr. Kuester reviewed the details of the project, Exception criteria, and Findings of Fact and Conclusion as outlined in the staff report. He concluded that City staff recommended that the Board approve the request for an Exception for Minor Area Modification to the side setback of the Zoning code from the required 8 feet to 7.49 feet on the north side of the property at 712 Duff Avenue. Board Member Calhoun noted that the proposed boundary line did not appear to be parallel to the house on the south. He questioned whether granting the Exception for exactly 0.51 feet would be adequate across the entire line. Mr. Kuester recommended approving the Exception based on the property line as shown on the plat of survey submitted by the applicant. He noted that the plat of survey would still need to go before the City Council for approval. Ms. McJimsey inquired as to what would happen if the Council did not approve the plat. Mr. Kuester indicated that there should be no reason for the Council to deny it; if it were denied, the applicant could submit a subdivision plat. The Board’s decision on an Exception stands independent from the Council’s decision on the plat of survey. Mary Sarah Bergh, 718 Duff Avenue, Ames, Iowa, stated that her neighbor at 712 Duff Avenue supports the application; this is an agreement that has built over time between the two property owners. Moved by Calhoun, seconded by McJimsey, to adopt ORDER NO. 11-04, thereby approving the request for an Exception for Minor Area Modification to the side setback of the Zoning code from the required 8 feet to the dimensions as shown on Attachment B of the staff report on the north side of the single-family dwelling at 712 Duff Avenue. Attachment B is hereby incorporated into the approval. Roll Call Vote: 3-0. Motion declared approved unanimously. ELECTION OF OFFICERS: Moved by Weber to elect Bruce Calhoun for office of Chair of the Zoning Board of Adjustment. Vote on Motion: 3-0. Motion carried unanimously. Moved by McJimsey to elect Elizabeth Erbes for the office of Vice Chair of the Zoning Board of Adjustment. Vote on Motion: 3-0. Motion carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: The meeting adjourned at 8:02 p.m. ______________________________ _____________________________ Emily Burton, Recording Secretary Thomas Weber, Chair