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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 7-9-2008MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JULY 9, 2008 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on July 9, 2008, in the Council Chambers of City Hall with the following members present: Bruce Calhoun, Denise Link, Lucy Martin, Bradley Miller and Thomas Weber. Staff members Charles Kuester and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Martin, seconded by Calhoun, to approve the minutes of the meeting of June 25, 2008. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 08-10 MINOR AREA MODIFICATION EXCEPTION - CLEVE & JENNY THOMAS, 1112 BURNETT AVENUE Public Hearing on Application for a Minor Area Modification Exception to the side yard setback requirement to allow the construction of an addition to the home at 1112 Burnett Avenue City Planner Kuester summarized the discussion that took place during the previous meeting, stating that the existing two-story house encroaches two feet into the south side setback and three feet into the north side setback. The proposed addition to the rear also encroaches into the south side setback by two feet, although it meets all other zoning requirements. An Exception is being sought to conform the existing building on the south side, and City Planning Staff found that the criteria for approval are met. The proposed addition also needs an Exception to allow it to encroach into the sideyard setback on the south, but Staff did not believe two of the standards were met. The unmet standards are that: · special circumstances or practical difficulties apply to the property such that the terms of the ordinance cannot be satisfied; and · the minor area modification is the minimum necessary to achieve the desired result. As for the sideyard setback on the north side of the house, a variance is required. The applicants have not yet filed for a Variance; however, the City Council is now in the process of changing the Zoning Code so that it would be possible to expand non-conforming structures without first making them conform to current standards. The first reading of the ordinance is scheduled for next Tuesday. If the text amendment should be approved, the Variance would not be necessary, so action taken by the Board tonight will only pertain to the Exceptions. Board Member Miller asked whether “hardship” was a standard that applied to Exceptions. Mr. Kuester replied that hardship is something that may be considered for approval of a Variance, but is not a criterion for approval of an Exception under the Ames zoning code. 2 Board Member Weber inquired about the setback and the property lines at this location. He said he had visited the property, and the distance between the driveway and the home seemed less than six feet. He also observed that the garage on the adjacent property appears to have no setback at all. He wondered if the site plan was accurate. Mr. Kuester stated that the site plan submitted with the application had been drawn by an architect, based on the location of property pins, so staff believed it was accurate. Jeff Pelton, 521 Jewel Drive, stated that he was representing the applicants, Jenny and Cleve Thomas. He reported that their architect, Michael Stott, visited the property and located the lot pins. He found that the neighbor’s concrete driveway and garage are encroaching about 30 inches on to the Thomas’ property. While the Thomases are not complaining about that, they do want to make sure the Board is aware of where their lot line actually is. Mr. Pelton stated that the Thomas’s have seven children and the purpose for building the addition is to create a dining room so they may all eat together. He said they would have no problem delaying construction until after the code is changed so that a Variance will not be needed for the north side. The Board discussed the distance between the neighbor’s garage and the rear corner of proposed addition, and determined that there appeared to be plenty of room for emergency access. There is also plenty of space between the two houses, since the neighbor’s driveway runs between them. Board Chair Miller asked about the possibility of moving the new wall two feet north so that the addition would comply with current setback requirements. Mr. Pelton said there would be no economic hardship; materials might cost a little less, but the labor required to come flush to the corner is actually more expensive than by setting the addition back, so the total cost would not be affected very much. However, the Thomases would be happier to have more space. Board Member Link asked if the addition could be extended back two feet farther to increase the square footage. Mr. Pelton explained that there was a pantry off the kitchen in the narrower section of the addition, so extending the rear wall wouldn’t really help. The dining area would still end up being quite narrow. He said the major practical difficulties of insetting the addition were related to the construction of the roof line and jogging a two-foot section of gutter along the rear wall of the existing structure. The Board discussed some of the wording in the Zoning Ordinance. Attorney Parks stated that the term “property,” as used in Section 29.1506(5)(c)(i) refers to both the land and the buildings. In addition, “practical difficulties” are matters that may vary with specific cases and the Board is allowed to use its discretion in determining what qualifies. There was discussion about construction problems, future maintenance and potential drainage issues of offset roof lines and walls. Moved by Miller, seconded by Link, to ADOPT ORDER 08-10a granting an Exception for a Minor Area Modification for the south side of the existing home on the property at 1112 Burnett Avenue by adopting the staff’s findings that it meets the necessary criteria. Roll Call Vote: 5-0. Motion declared approved unanimously. 3 Moved by Link, seconded by Calhoun, to ADOPT ORDER 08-10b granting an Exception for a Minor Area Modification on the south side of the proposed addition to the home at 1112 Burnett Avenue, based on staff’s findings and the additional information that it is a practical difficulty to inset the wall as would be necessary to meet the existing setback requirement. Roll Call Vote: 5-0. Motion declared approved unanimously. COMMENTS: Board Chair Miller asked if the Board had any comments about the Parking Exception that was granted last summer for the property at 405 Hayward with the stipulation that the situation be monitored for one year. The Board reported hearing no complaints and was pleased that the Bed and Breakfast appeared to be up and running. There was discussion about the format of Staff Reports and protocol for making motions. The Board concurred that it was helpful to have sample motions included in the staff reports. ADJOURNMENT: The meeting was adjourned at 7:36 p.m. Karen C. Thompson, Recording Secretary Bradley Miller, Chair The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wednesday, August 13, 2008, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.