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Date
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November 9,
2009
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Agenda
Item No. 49 Roll
Call No. 09- Communication No. 09-776 Submitted by:
Larry Hulse,
Community Development Director |
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AGENDA
HEADING:
Public
hearing regarding revisions to Section 134-278 and 134-1296 to address
dwellings made non-conforming by annexation and the automatic imposition of the
"A-1" Agricultural District regulations.
SYNOPSIS:
The
text revisions to Section 134-278 and 134-1296 contained in Exhibit “A” to the
Roll Call will allow any legal non-conforming single-family dwelling which
lawfully existed when it was annexed into the city to be rebuilt within the
original building footprint without an increase in gross floor area if it
becomes more than 60% destroyed. The
work must be commenced under authority of a building permit within 6-months of
when the damage occurs and reconstruction would have to comply with the design
guidelines for single-family dwellings.
FISCAL IMPACT: NONE
Amount: N/A
Funding Source: N/A
ADDITIONAL
INFORMATION:
The
existing provisions of Section 134-278 state that any property annexed into the
City of Des Moines is automatically zoned “A-1” Agricultural District. There are numerous single-family residences
on properties located within the boundaries of the City’s recent involuntary
annexation that are now legal non-conforming uses within the “A-1” Zoning
Districts by virtue of non-compliance with “A-1” District bulk regulations such
as the minimum lot area requirement of 10 acres. A single family dwelling which is more than
60% destroyed can only be repaired or rebuilt if the new dwelling can satisfy
all bulk regulations of the A-1 District.
If all bulk regulations cannot be met, the Zoning Board of Adjustment
must grant the necessary relief before the structure can be repaired or rebuilt
or the property must be rezoned to a different zoning classification. The changes to Chapter 134-1296 will address
annexed properties that were not a lot of record prior to 1965.
The proposed
amendments are a response to citizen concerns as banking institutions have
tightened their lending requirements in recent months. Before financing can be
provided, banks need assurance that a legal non-conforming single-family
dwelling can be repaired or rebuilt if 60% destroyed. Staff is concerned that the number of
single–family dwellings on recently annexed properties could potentially
require Board of Adjustment relief or rezoning.
This would also place a burden on existing single-family property
owners. In addition, no conditional
zoning could be applied if the City initiated an area-wide rezoning.
The
revisions to Section 134-278 and 134-1296 will allow any legal non-conforming
single-family dwelling which lawfully existed when it was annexed into the city
to be rebuilt within the original building footprint without an increase in
gross floor area if it becomes more than 60% destroyed. The work must be commenced under authority
of a building permit within 6-months of when the damage occurs and
reconstruction must comply with the following design guidelines:
(1) The dwelling shall remain within the
original building footprint without an increase in the gross floor area;
(2) The dwelling shall have a minimum width
facing the street of the smaller of 24 feet or the width of the dwelling prior
to such destruction;
(3) The dwelling shall have a minimum depth
perpendicular to the street of the smaller of 20 feet or the depth of the
dwelling prior to such destruction.
(4) A minimum of 15 percent of the facade of
the dwelling facing the street shall consist of windows, doors and other
building openings;
(5) The front door of the dwelling shall
appear to face the street;
(6) The main part of the dwelling shall have
a minimum roof pitch of 3:12;
(7) The dwelling shall have a roof overhang
around the entire perimeter; and,
(8) Any foundation skirting material shall
have the appearance of masonry or poured concrete typical of site-built homes.
The
design guidelines listed above are the same as the existing design guidelines
that apply to any single-family residential dwelling constructed on a lot of
record in the City of Des Moines on or after July 1, 1997.
PREVIOUS
COUNCIL ACTION(S):
Date:
October 26, 2009
Roll
Call Numbers: 09-1918
Actions:
Set date of public hearing on
Zoning text amendments to Section 134-278 and 134-1296 to address dwellings
made non-conforming by annexation and automatic imposition of “A-1” Agricultural
District regulations, (11-9-09). Moved by Vlassis to adopt.
Motion Carried 7-0.
BOARD/COMMISSION ACTION(S):
Date: October 15, 2009
Action: Plan and Zoning Commission voted 8-1 to
recommend approval of the ordinance contained in the text attached hereto as
Exhibit “A”.
ANTICIPATED
ACTIONS AND FUTURE COMMITMENTS:
Second and Third Considerations of the proposed
ordinances unless waived by the City Council.
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall, 400 Robert D. Ray Drive. Council agendas are available to the public
at the City Clerk’s Office on Thursday afternoon preceding Monday’s Council
meeting. Citizens can also request to receive meeting notices and agendas by
email by calling the Clerk’s Office or sending their request via email to
cityclerk@dmgov.org.