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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 2-11-2009MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA FEB RUA RY 11, 2009 The Ames Zoning Board of Adjustment met in regular session at 7:00 p.m. on February 11, 2009, in the Council Chambers of City Hall, pursuant to law, with the following members present: Calhoun, Martin, Miller, and Weber. Board Member Link was absent. Staff members Benson and Parks were also present. APPROVAL OF MINUTES: Moved by Weber, seconded by Martin, to approve the minutes of the January 14, 2009, meeting as written. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 09-04 SPECIAL USE PERMIT - JOHN BURDINE, JR., 1432 BURNETT AVENUE Public Hearing on Special Use Permit for Functional Family application to allow five unrelated people to occupy a residential dwelling unit Planner Jeff Benson stated that the appellant has filed a “functional family” application for property located at 1432 Burnett Avenue. The structure was built in the mid-1960s, is a two-family dwelling, and is zoned as Low Density Residential. The applicant intends for five unrelated people to occupy the east unit under the functional family definition of a family. Mr. Benson said that the Municipal Code defines family as “any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship.” If the people are unrelated, no more than three are allowed to reside together in a single-family dwelling, therefore, a Special Use Permit is required. Mr. Benson reported that the people who will reside together belong to a church ministry team, and they would meet the standards of a functional family by: sharing a strong bond or commitment to a single purpose; not being legally dependent on others not part of the functional family; establishing legal domicile; by sharing a single household budget; preparing food and eating together regularly; sharing in the work to maintain the premises; and, legally sharing in the ownership or possession of the premises. He noted that under the Code’s family function definition, the criteria by special definition are met, as they will function much like other families as described. The five people are members of a religious ministry established by the Stonebrook Church, and Mr. Burdine is employed by the organization as the designated leader who will oversee the team and the functional family. Planner Benson stated that the applicant has provided documentation to show that all parties meet the criteria regarding the standards for a functional family (e.g., tax returns, signed letters from parents, and evidence of age). He further stated that the applicant has provided a copy of the signed lease with three of the members of the proposed family on the lease; and, if the Special Use Permit is approved, the other two members will be added. 2 Mr. Benson said that parking in residential neighborhoods is always an issue. As with single-family residences, two off-street parking spaces are required per each dwelling unit. However, currently only one exists. He reported that this is not uncommon for single and two-family dwellings in older neighborhoods. Five unrelated people could generate five parking spaces, but the applicants have indicated that one of them will park his car at his parent’s house four blocks away. There is also a garage accessed from the alley. While the garage is not available for parking due to being used for storage, there is room to park a vehicle in front of the garage. Planner Benson stated that it is staff’s conclusion that the proposed functional family complies with the general and specific standards for issuance of a Special Use Permit, with the exception of parking. Alternative No. 1 of the staff report is recommended as follows: that the Special Use Permit be granted with two stipulations, being: 1) that the two parking spaces in the garage be made available for parking; and, 2) once the Permit expires on March 1, 2010, a new permit be applied for. Mr. Benson stated that a Special Use Permit for a functional family can apply to only those individuals for whom the Permit is approved. Therefore, if any individual leaves or joins the group, a new Permit is required. Mr. Benson said that this is the very first application for a functional family Special Use Permit, and this Code section has been “on the books” for at least 20 years. It was reported that this unit has five bedrooms, and at this time, only one off-street parking space is allocated to this property. John Burdine, 1432 Burnett Avenue, stated that the purpose of their church ministry team is to serve and influence off-campus neighbors, students, friends, and co-workers. He reported that the ministry is made up of 30 team members, and this household represents only a portion of the ministry team. The ministry team members are disciples of Christ, and this is an opportunity to be an example to others and to share in the neighborhood. Part of their covenant is to function as a family, share in the household budget and chores, and to be true brothers. In addressing the parking situation, Mr. Burdine reported that, as an alternative, Mr. Williby will park his car at his parents house and one vehicle would be parked in front of the garage. That will leave three cars to park on the street. In response to questions, Mr. Burdine described the ministry’s method of operation. College students are invited to the “Rock” on Friday nights at the church, where attendees hear music and sermons. They meet on ISU Campus, at team members’ homes, the ACCESS shelter, and other places. At times, they have meetings at their home, but their living quarters are not that large. These smaller group meetings are rotated amongst team members’ homes. Mr. Burdine stated that their residence is not a regular meeting place, as they usually choose those who have the largest living quarters. Chairman Miller indicated that their ministry team seems to have the same intent as some fraternities, and he questioned what distinction there might be between the two. Mr. Burdine responded that the Rock is a student organization at Iowa State University, and he is not very familiar with fraternities. Mr. Miller stated that some of what the ministry team seeks to accomplish is the same as what is involved with the Greek system, and that is part of his concern. 3 Board Member Martin noted that the Special Use Permit would expire on March 1, 2010, and wondered if that date corresponded with the lease. Mr. Burdine said that it expires the end of July 2010. Upon being questioned by Board Member Calhoun, Mr. Burdine stated that they determined that their group met the standards of a functional family because they know what it takes to love and serve one another, and they consider that, whomever you live with, you treat as family. He further stated that they will be functioning as a family, since they will be sharing in meals, chores, and a household budget. The group didn’t strategically pick this particular neighborhood, but they looked at what was available. Mr. Burdine described the roles of the members of his group within the ministry and explained some of their service projects. He, himself, is the only one employed by the ministry. It is possible that some members may move out. One of the members of the group is engaged and will be moving out at some point. Mr. Burdine reported that he is aware that if any of the individuals leave the group and others join, a new Special use Permit is required. John Fitzsimmons, 1426 Coolidge Drive, indicated that he is one of the individuals wishing to reside at the 1432 Burnett Avenue address. He supported the suggestion that John Williby, a member of their group, park his car at his family’s house a few blocks away. This would help with the parking situation. Moved by Weber, seconded by Martin, to adopt ORDER NO. 09-04 granting a Special Use Permit for occupancy of a dwelling unit at 1432 Burnett Avenue by John Burdine, John Fitzsimmons, Jonathan Williby, Anthony Ashley, and Kyle Colson as a functional family with the following stipulations: 1) that the two parking spaces in the garage be made available for parking; 2) that the Special Use Permit expires on July 31, 2010, and a new permit applied for; and, 3) that no “regularly occurring meetings” be held at this address. Board Member Calhoun stated that under the definition of a family, and particularly the definition of a functional family, the exception does not include a fraternity and, secondly, the definition of a family does not include “any group of individuals whose association is temporary.” Mr. Calhoun stated that it was the applicant’s testimony that one of the members would be moving out some time. Mr. Calhoun read a statement regarding his viewpoints on this case. According to his research, he concluded that the Municipal Code does not allow for the Board to approve this Special Use Permit, because the definition of a functional family is not met. He stated that the applicant has, through his own testimony, indicated that the group will be temporary; therefore, they are not a family. Since the nature of this is temporary, it goes back to the fraternities “concept” and as it relates to transitory groups of people. Board Member Calhoun said that it is the responsibility of the Board to protect the Zoning Ordinance. Mr. Calhoun requested that his written statement be entered into the record and kept as a part of this Order. Much discussion was held regarding the Code’s definition of “temporary” and the ministry group’s parallels to a fraternity. Chairman Miller stated that he sees groups, such as the 4 ministry team, having a community function, but the Code has singled out fraternities as something that is not allowed as a functional family. This group has a similar function as to what fraternities are meant to do. Mr. Miller stated that while, functionally, he felt the City should allow it, the Code does not match with what it permits as a functional family. Mr. Burdine explained that it is their perspective that family is not temporary. The nature of the household, by necessity, is temporary. The ministry team is still a family despite whether one of them moves across town. He further explained that the ability to live together as a functional family is temporary, but their commitment as brothers is not. In their eyes, they do not compare to a fraternity. The Board discussed the Code definitions of “family”, “functional family,” and “fraternity/sorority” at length. Board Member Weber said that the definition of “functional family” is listed with many examples of what could be construed as a functional family. Fraternity/sorority is being excluded—it is not being listed as an example of what can be met by the definition of “family.” He felt that the conditions are being met as best they can be by the applicants. Chair Miller stated that he sees a conflict in the Code—in that the strong bond of, ergo religious orders, matches. However, he knows of Greek fraternities that are heavily based on religious principles. There is a direct conflict with what is excepted and what is accepted. Assistant City Attorney Parks explained that this was a legislative decision made by the City Council. More discussion ensued regarding the definition of “fraternity.” Mr. Weber said that the Board needs to look at the net result of the group living together as a functi onal famil y, and he believ es it is in keepi ng with the overal l Zonin g Ordin ance. Mr. Miller said that he was bothered by having to take exceptional values and make a 5 character assessment rather than making a functional assessment at times when certain cases come before the Board. He felt that the City needs to address those specifically in the Code, and not by proxy. Ms. Parks stated that all of the Code sections need to be read so they make sense. If Code sections conflict with one another in resolving ambiguities, the legislative purpose and what the final results will be need to be considered. A person needs to give effect to all parts of the Code; these are the guiding principles in interpretation. Roll Call Vote: 2-2. Voting Aye: Weber, Martin. Voting Nay: Miller, Calhoun. Assistant City Attorney Parks noted that the rules of the Zoning Board of Adjustment require three concurring votes for a final decision (as determined by state law). Therefore, this matter will need to come back before the full Board. Chair Miller stated that he is struggling with the writing of the Code, and he thought it would be helpful in making the Board’s decision if the Council reviewed the Code’s conflicts. He felt that the connections between a religious order and a fraternity seem “not exclusive” of one another. It was determined that the matter would not be referred to the City Council. COMMENTS: There were no comments. ADJOURNMENT: The meeting adjourned at 8:33 p.m. __________________________________ _____________________________ _______ Jill L. Ripperger, Recording Secretary Bradley Miller, Chair