HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 4-14-2010MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA APRIL 14,
2010
The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m.
on April 10, 2010, in the Council Chambers of City Hall with the following members present: Bruce
Calhoun, Elizabeth Erbes, Sandra McJimsey, Gary Taylor, and Thomas Weber. Staff members Sam
Perry and Judy Parks were also present.
ELECTION OF OFFICERS:
Moved by Taylor, seconded by Calhoun, to elect Thomas Weber for the office of Chair
of the Zoning Board of Adjustment.
Vote on Motion: 5-0. Motion carried unanimously.
Moved by Taylor to elect Bruce Calhoun for the office of Vice-Chair of the Zoning
Board of Adjustment.
Vote on Motion: 5-0. Motion carried unanimously.
APPROVAL OF MINUTES: Moved by Calhoun, seconded by Taylor, to approve the minutes of
the meeting of March 10, 2010.
Vote on Motion: 5-0. Motion carried unanimously.
CASE NOS. 10-03 AND 10-05
VARIANCE - ALPHA SIGMA PHI FRATERNITY, 2132 SUNSET DRIVE
Public Hearing on application for Variances to allow expansion of the area of a
nonconforming front yard parking lot to result in seven additional parking stalls
and to allow a ten percent increase in the percentage of small parking stalls allowed
within a parking lot.
Assistant City Attorney Judy Parks noted that though there were two Variance requests
being considered, all of the evidence would be presented at once since the two requests
were so closely related.
City Planner Sam Perry stated that the applicant has requested to expand a
nonconforming parking area, and explained why the area is considered nonconforming.
In addition, because of the requested expansion, there is only so much area that
would be available for parking, so the applicant desires to put smaller parking spaces
within the expanded area. The Municipal Code has a provision for small spaces, which
are three feet shorter and one foot narrower than standard stalls. He explained that
there is a maximum percentage allowed - based not on total, but required, parking.
The two Variance requests are related because the proposed small parking stalls are
located within the nonconforming front yard.
Mr. Perry showed a sketch of the existing parking and the proposed expansion, as
well as photos of the building from different perspectives. He stated that an expansion
of the building took place approximately ten years ago, at which time additional
parking was added.
Mr. Perry stated that the shape of the subject property ’s lot is unique in that it
is very narrow in the rear. He pointed out that there was not a parking demand when
these properties were built in the 1920s and 1930s. He also noted that some of the
nearby lots are more rectangular with the side property lines than the subject
property.
According to Mr. Perry, front yard parking is calculated based on the nearest side
property line to the nearest corner. On a curved lot, it follows the geometry of
the front property line; on a rectangular lot it is easier to calculate. When parking
was added to the subject property in 1999, it was considered conforming as long as
it was behind the front setback. It is now considered “legal nonconforming.” Board
Member Weber asked if the current proposal would be considered legal by the old
standards, and Mr. Perry indicated that it would.
Mr. Perry gave background about the University Impacted Area study, which was
conducted several years ago. He explained that the City Council desires to maintain
the character of the neighborhood in which the subject property lies. The University
Impacted Area study produced ordinances which resulted in two zoning districts for
the area. The base zone is Residential High Density, and the overlay zone is East
University Impacted Area. The overlay zone contains restrictions on the demolition
of buildings, and also requires 50 percent more landscaping on a site plan. He noted
that the Board was reviewing a Variance request, not a design or site plan.
Mr. Perry described the different Variance criteria and standards which the
application needs to meet in order to be approved. In regards to the public interest
criteria, he noted that the proposed parking does encroach into the front landscape
area. He stated that, by today ’s standards, a building of that size could not be
built on that site because of parking requirements. The applicant desires to increase
the number of parking stalls from 21 to 28, which would decrease some nonconformity;
built today, the City would require 34 spaces. Mr. Perry found that the additional
spaces would adversely impact the characteristic landscape, and so the request does
not meet public interest criteria.
Mr. Perry discussed the reasonable return criterion, and stated that the applicant
is in a difficult situation. He explained that it is a lean time for them, and they
are looking for a way to have part of the building that would continue to be used
as a fraternity. The proposal is to convert some space to apartments, which is a
permitted use in the zone. If membership goes back up, then they would be able to
flex that space back to fraternity beds. Mr. Perry noted that Ames is seeing a lot
more developments for standalone, independent dwelling units, and not as much
dorm-style development or congregate living. He also pointed out that dependence
on cars has gone up since this building was built. He stated that in order for the
fraternity to gain a reasonable return on the property, this is the use they need
to have, and so the application does meet the reasonable return criteria.
In regards to unique circumstances, Mr. Perry stated that it was quite clear that
the applicant does meet this standard. He explained that the lot is very irregularly
shaped. They do not have room to add more parking in the back, so they are left with
the front yard. He noted that there are some other triangularly shaped lots nearby,
but most are rectangular.
Mr. Perry explained that another standard is that the use should not alter the
essential character of the locality. He referenced the University Impacted Area study,
and noted that it is important to preserve the architecture and attractive front
landscapes in this area. The applicant is not proposing to change the architecture
or materials of the building, but the front landscaping would be affected. He stated
that the application would have an adverse affect on the essential character of the
locality unless measures were taken to screen cars and enhance the landscape, as
well as extend architectural features of the building forward. The idea of building
a retaining wall was discussed, and Mr. Perry indicated that the applicant was not
interested in going into the effort of building a retaining wall.
Mr. Perry concluded that City staff recommended that the Board deny the variance
request, because it does not meet all of the standards in the Municipal Code.
Board Member Calhoun asked about an alley on the side of the lot, and inquired as
to whether it was owned by the City or the applicant. He stated that, in some
jurisdictions, a property abutting an alley is considered a corner lot, and he asked
Mr. Perry if that was true in Ames. Mr. Perry said that it would not be the case
in Ames, since “alley” is exempted from the street definition.
Mr. Calhoun suggested that perhaps the large area behind the fraternities could be
developed as a shared parking lot. He asked if that idea had been discussed during
the University Impacted Area study. Mr. Perry said that it had not been discussed,
and he noted that there are grade changes in that area, so there could be some
challenges in developing it as such.
Chair Weber asked about staff ’s suggestion of a retaining wall. Mr. Perry indicated
that staff believes there are several reasons why landscaping alone would not be
enough to mitigate the impact of the parking in the front area. Mr. Weber asked if
the application would have been approved if the applicant had incorporated a brick
wall. Mr. Perry said that it would have been approved with parameters.
Board Member Taylor inquired about the calculation of required parking stalls. Mr.
Perry explained that the proposed remodeled area would be held to the new standards,
but the rest of the building would continue to be held to the old standards. Discussion
ensued regarding the number of parking spaces that are required and proposed. Mr.
Taylor suggested decreasing the number of beds in the fraternity so that fewer parking
stalls would be required, and a Variance would no longer be needed.
Mr. Perry indicated that, based on what applicant has explained, for this building
to be marketable there needs to be more parking. Board Member Erbes noted that the
application states that there is currently one member living in the house, and
questioned why there is a need for more parking.
Ms. Erbes asked why the parking requirement was so low when the building was added
on to in 1999. Mr. Perry stated that they were only required to provide parking for
what was added, which is similar to what is being required with the current
application. He noted that there was likely no requirement when the building was
originally built.
Stan Thurston, 733 Foster Drive, Des Moines, Iowa, stated that the original structure
was built in the 1920s, and there was very little demand for parking at that time.
About a year ago, seven fraternities started to meet because they were all suffering
from the same economic problems. Mr. Thurston stated that they couldn ’t keep enough
people in the house to make it pay for itself, and in their discussions they uncovered
a host of other issues.
Mr. Thurston explained that students are different than they were 20 to 25 years
ago, with one key difference being that many students have their own cars. He also
suggested that a greater number of students have grown up in larger homes with fewer
siblings, and have never shared a bedroom. There is a stronger preference for apartment
living, and an increased allure of the independence that goes along with it. Mr.
Thurston stated that the demand for fraternity housing will inevitably go up and
down, and the ability to augment the down time with independent living apartments
would make sense. In an ideal situation, both the dormitory -style units and apartment
units would be filled by members of the fraternity. They are looking for flexibility,
and along with the plan comes the need for more parking.
In regards to Ms. Erbes’ question about one person currently living in the house,
Mr. Thurston stated that since membership was down and they had been losing money
for a number of years, they decided to close the operation of the fraternity house
at end of the fall semester. One member lives there as a “caretaker.” There is a
recruitment effort underway to bring in more members.
Mr. Thurston stated that they set out to expand the parking in the least onerous
way. He said that part of the reason why the application should be approved is that
they are absolutely in sync with historic overlay district in that they are trying
to maintain the structure as a fraternity. He noted that a very large financial
commitment was made to this building in the 1990s when it was expanded.
Mr. Thurston said that the proposal needs to make sense both aesthetically and
economically. He indicated that cost is the downside of City staff’s suggestion of
totally screening the parking area with a brick wall. He noted that the building
has a setback and green space from the front of the parking to the front property
line that is roughly 35 feet now, and if the application were approved it would be
27 feet, which is still in excess of the required 25 feet. He emphasized that no
other parking in the area is totally screened by a solid wall.
According to Mr. Thurston, the majority of the Greek houses in the area have parking
in the front yard. Two properties, because of their deep and narrow shape, have
been able to do most of their parking in the back. He noted that the house across
the street from the subject property has at least half of its parking in the front
yard, which is directly across from their front yard. He suggested that front yard
parking is part of the character of the neighborhood. Mr. Thurston feels that they
ought to be treated similarly to what has been accepted in the neighborhood, and
the suggestion to build a wall to hide parking is unfair when nobody else in the
area has been required to do so. He stressed that if he can’t figure out a way to
increase the parking, the property as a fraternity or sorority will cease to exist.
He feels that the proposal is absolutely in conformance with the character of the
neighborhood; however, if the Board decides that is not the case, he is willing to
work towards some kind of solution.
Ms. Erbes inquired about the current parking spaces, and specifics about the parking
requirements and proposal were discussed. She proposed adding parking to the back
of the property, and Mr. Thurston indicated that it was not possible due to the very
constrained space.
Mr. Taylor asked the applicant how he determined the quantity of fraternity beds
and apartment bedrooms. Mr. Thurston stated that it was more of a conceptual choice.
The main level of the building has a common area as well as the dining room, so the
fraternity would ideally retain the main floor plus the first floor. The second and
third floors could be converted to apartments by reconfiguring the walls and adding
bathrooms and kitchenettes. He stated that they would like to give apartment
flexibility within the fraternity setting.
Board Member Calhoun asked what the remodeling budget was. Mr. Thurston replied that
he did not know; without knowing whether or not the application would be approved,
they have not taken it to the next step. He feels that if they are not able to add
parking, calculating the cost of remodeling is a moot point.
Mr. Calhoun asked for the reasoning behind not projecting the architecture in the
front yard. Mr. Thurston feels that it would draw more attention to the property,
and that landscaping would soften it enough so it would not detract from the house.
Mr. Taylor discussed the number of necessary parking spaces relative to the number
of proposed bedrooms. He asked how much calculation went into the need for 28 parking
spaces. Mr. Thurston replied that they would need approximately 40 men in the building
to break even and be able to generate enough money to keep house in good shape. He
indicated that there is really no way to get more parking spaces than the seven that
are proposed. Discussion ensued regarding various numbers of fraternity and apartment
bed combinations and the resulting parking requirements.
Mr. Weber asked if the applicant felt that he could mitigate the view of the parking
lot with only landscaping. Mr. Thurston stated that he could, and he showed a picture
of the property with the current landscaping. Ms. Erbes perceived a vertical element
in the front yard, and said that a retaining wall might be necessary if the parking
were moved forward. Mr. Thurston indicated that the grade does not drop until the
sidewalk. The Board discussed the slope of the lawn as it relates to the proposed
parking and landscaping.
Mr. Calhoun asked if the visible parking spaces in the neighboring properties were
added after the passage of the more restrictive ordinance. Mr. Perry stated that
the lots had been expanded prior to the passage of the ordinance.
Board Member McJimsey asked if most of the nearby properties have parking located
in the front yard. Mr. Perry stated that about 90 percent of the properties have
front yard parking. The project for widening the parking lot across the street was
approved prior to the new ordinance passing in November of 2008.
Mr. Calhoun indicated that he did not agree with the “everyone else is doing it”
argument. He feels that the existing landscaping looks good, and the proposal would
be better if the applicant would agree to putting a berm in front of the parking;
however, he senses that the applicant is not willing to do that. Mr. Thurston stated
that there seems to be a feeling that if a Variance is granted, there needs to be
some “pound of flesh” in the process, and he feels that as a basic concept that is
wrong. However, if the Board feels that total screening is important, even though
it would be the only one in the neighborhood, he will work to try to do that. He
reiterated that anything that will exacerbate the economics is painful, but they
will do what they need to do. Mr. Calhoun stated that it is difficult to support
the application when the applicant is willing to invest money in the building but
not in the landscaping.
Moved by Weber, seconded by Taylor, to adopt ORDER NO. 10 -03, granting a Variance
to extend the existing parking area north and south by approximately 8 feet and
widening by approximately 11 feet, provided there is sufficient landscape screening
to mitigate the view of the parking lot from the street.
Ms. Erbes asked who would determine whether there is “adequate” screening. Assistant
City Attorney Parks stated that it would be a staff determination. The Board discussed
specifics, including the incorporation of more evergreen and requiring maintenance
of the landscaping. Ms. Erbes stated that perhaps they should require some permanent
architecture as well as landscaping. Specifics about the conditions were further
discussed.
Moved by Erbes, seconded by Taylor, to amend the motion to provide, in addition to
the landscaping, some type of architectural elements that identify where the
landscaping is.
Vote on amendment: 3-2. Voting Aye: McJimsey, Weber, Erbes. Voting Nay: Taylor,
Calhoun.
Motion declared approved.
Ms. McJimsey stated that she is concerned about setting a precedent, and granting
the Variance could open up a lot of similar requests. She feels that preserving the
integrity of the area is important to the overall neighborhood. Mr. Weber noted the
odd shape of the property, and stated that he does not foresee a lot of other
fraternities coming forth with a similar request. He feels that this applicant has
a good reason to request the additional parking, but other fraternities would not.
Ms. McJimsey countered that if other fraternities were to decide to do the apartment
combination, they would also need more parking. Mr. Calhoun revisited the idea of
consolidated parking in the rear. He stated that sometimes ordinances force the
areas being zoned to have an imagination and find solutions to things. He feels that
if the Board would allow an easy way out, the houses may never come together and
consolidate parking. He does not think that all of the possibilities have been
exhausted.
Vote on amended motion: 2 -3. Voting aye: Weber, Erbes. Voting nay: Taylor, McJimsey,
Calhoun.
Motion denied.
Moved by Weber, seconded by Calhoun, to adopt ORDER NO. 10 -05, granting a Variance
to increase smaller parking spaces for small cars from 20 percent of the required
off street parking authorized in the Code to 30 percent.
Vote on motion: 2-3. Voting aye: Weber, Erbes. Voting nay: Calhoun, Taylor, McJimsey.
Motion denied.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: The meeting adjourned at 8:53 p.m.
______________________________ _____________________________
Emily Burton, Recording Secretary Thomas Weber, Chair