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HomeMy WebLinkAbout2001-04-03 Public hearing NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 3rd day of April, 2001, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: A Public hearing on an ordinance amending the zoning code, section 14-6-B2 and 14-6L-1A, to permit accessory apartments in an accessory building. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK 04-03-01 6c Prepared by: Bob Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. ORDINANCE AMENDING ZONING CODE ARTICLE (D), DEFINITIONS, AND ARTICLE (L) PROVISIONAL USES, SPECIAL EXCEPTIONS AND TEMPORARY USES, TO ALLOW ACCESSORY APARTMENTS IN ACCESSORY BUILDINGS. WHEREAS, the Zoning Code provides for accessory apartments in single-family residences under certain conditions; and WHEREAS, such accessory apartments provide housing options for persons with disabilities and elderly; and WHEREAS, the City has received a request to allow accessory apartments within accessory buildings; and WHEREAS, the Planning and Zoning Commission has recommended that the Zoning Code be amended to allow accessory apartments in accessory buildings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. City Code Section 14-6B-2 be amended as follows: 14-6B-2: Definition: ACCESSORY APARTMENTS: A temporary accessory dwelling unit located within an owner- occupied, single-family dwelling or in an accessory building and meeting the requirements of this chapter. and City Code Section 14-6L-1A be amended as follows: 14-6L-1A: PROVISIONAL USES AND SPECIAL EXCEPTIONS ENUMERATED; REQUIREMENTS: A. Accessory Apartments: The installation of temporary accessory apartments in owner- occupied, single-family homes or in an accessory building is permitted in accordance with the following requirements. 2. Only one accessory apartment may be established in a single-family dwelling or in an accessory building. 7. The accessory apartment shall be clearly subordinate in area to the single-family dwelling or to the accessory building. The accessory apartment may not contain more than thirty percent (30%) of the principal building's total floor area, or not more than fifty percent (50%) of the accessory building's total floor area. An accessory apartment may not contain more than eight hundred (800) square feet or more than two (2) bedrooms when located within the principal building, or five hundred (500) square feet or more than one (1) Ordinance No. Page 2 bedroom when located in an accessory structure. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK Approved by ppdadmJord/acs~/bldgs.doc City of Iowa City MEMORANDUM Date: February 23, 2001 To: Planning and Zoning Commission From: Robert Miklo Re: Accessory Apartments The City has received a request from Ann Bartels to amend the zoning code to allow accessory apartments in accessory buildings. Accessory apartments are currently subject to the requirements of section14-6L1 of the zoning code (excerpt attached). According tothese requirements the accessory apartment must be in the same building as the principal residents. Ms Bartels is requesting consideration of an amendment to allow an accessory apartment in a building, such as a garage, which is separate from the principle dwelling. The Commission considered a similar request in 1998 but deferred the item. A copy of a memorandum from Doug Boothroy regarding that previous request is attached. February ll, 2001 Doug Boothroy City of Iowa City Housing Office 410 East Washington Dear Doug, This is a second letter of follow-up regarding my wish to establish an accessory apartment at my residence at 524 Third Avenue. I understand now that my case needs to be officially transferred to the Planning and Zoning office so that I can formally request an "amendment to the zoning ordinance to permit an accessory apartment (ASAP)." I understand that the restriction in my case is that the proposed apartment space is in a detached building on my property (the back of the garage) and this is not allowed under the current code. I also understand that the entire city housing code is under revision at this time and that it is likely that accessory apartments in detached buildings may be allowed under the new code. As you told me on the phone, the new housing code is not likely to be operational any time soon. In fact, it may be 6 months, a year or longer. Below are a few facts that may help my case: 1. The space is already established an a living space an has been for some 40 years. 2. The remodel design is to be specific for wheeichair accesm~0ility. 3. There are at least 3 other "garage conversion" apartments in my neighborhood. They are rented and pose no problems in the neighborhood (as far as I know). So--Doug, please forward this letter and this copy of my previous letter to the appropriate office so they can consider an AMENDMENT TO THE ZONING ORDINANCE TO PERIVHT AN ACCESSORY APARTMENT AT MY HOUSE AT 524 THIRD AVENUE.---(ASAP). Please add any verbiage you think my be helpful to clarify and/or hasten this process. Thank you for you time. I will keep in touch. Ann Bartels 524 Third Avenue Iowa City November 27, 2000 Doug Boothroy City of Iowa City Housing office Dear Doug, This is a letter of follow-up from our telephone conversation a few weeks ago. You requested a written proposal outlining my intent to rehabilitate a garage-attached space on my propetty at 524 Third venue for the purpose of an accessory apartment. The space in question is 456 square feet and consists of the hack end of my garage building. When I bought this property in June of this year, I inquired with the City regarding use of this space as an accessory apartment. I was channeled through several offices and the final interpretation was that this use would be allowed under the current code. When I bought the property in June, the space in question was already obviously a living space complete with plumbing, electric and heat service. The space had not been occupied for some time and it was in a state ofdisrepair and neglect. Since June I have completely stripped the apartment space in preparation for the rebuilding phase which will include the following: 1. All new windows and doors 2. All new plumbing to include fixtures and some ground work 3. All new wiring and fixtures 4. New heat system with hydronic radiant floor heat 5. New insulation, sealing and ventilation system 6. New drywall and floor covering throughout The goal of this project is to produce a space that is state of the art in energy efficiency and fully accessible for a wheelchair dependent occupant. I feel that this space is ideally suited for use as an accessory apartment. It has alley access (off Friendship between Second and Third Avenues) and a driveway to the hack door. It is one block from the Seventh Avenue/Westport bus route. It is ground level and looks out onto it's own concrete patio with large yard and mature trees. There is space for pets, gardening and parking. On a more personal note, I am a physical therapist by training and therefore I am aware of the special accommodation needs of some elders and persons with disabilities. I have recently changed careers and am now working in the building trades as an apprentice plumber. This project is a wonderful opportunity for me to combine my skills and provide much needed accessible housing while also insuring some future income for myself.. At this point, I am ready for the rebuilding phase of this project. I have capital from my previous house sale and contractors in mind to do the work. All I need now is the blessing of the City and a building permit. I appreciate your careful consideration of my proposal. Feel free to call me if you have further questions/concerns or if you would like to see the space for yourself. Please keep me informed of your decisions or actions on my behaE I can be reached at home after 4:30:351-1329 or at work at: 631-1153 Sincerely, Ann Barteis 524 Third Avenue enc: rough drawings of before and after floor plans City of Iowa City MEMORANDUM ec mmend amending the zoning ordinance to allow an accesso~ apa~ment to be located in either the principal single-family dwelling ~ in an accesso~ building on the properly. The present zoning code restricts accesso~ apa~ments to only single-family dwellings. Background In 1987 the City of Iowa City legalized the use of accesso~ apadments. Iowa City was the first communi~ in the state to address the issue of housing needs for elderly and handicapped through the use of accesso~ apa~ments. A single-family dwelling with an accesso~ apa~ment is not considered a duplex under the zoning code. An accesso~ apa~ment is an additional living area built out of surplus space within the home. It is called "accesso~" because it is subordinate to the single-family dwelling in size, location, appearance, and occupancy. A home with an accesso~ apadment is an owner-occupied home with the accesso~ apa~ment being located and designed to be unobtrusive and clearly not visible from the street. Allowing accesso~ apa~ment conversions in single-family dwellings or in an accesso~ building expand the oppo~unities for affordable housing in the community. They offer a way to make existing homes more affordable for elderly and/or people with disabilities. Some of the benefits of accesso~ apa~ments are: Makes it financially possible for elderly and/or people with disabilities to remain in their homes. · Provides security, companionship for the elderly and/or people with disabilities through shared housing arrangements. Increases the diversity of the communities' housing stock in terms of price and availabiliW of rental units. · Allows an efficient use of large homes. Provides a way for elderly and/or people with disabilities to stay in homes they might othe~ise have to leave. Recommendation Amend the Iowa City Zoning Code to allow accesso~ apadments either in the principle single- family dwelling ~ in an accesso~ building (see a~ached draft amendments). The proposed amendments expand the choices for locating an accesso~ apa~ment. Also an accesso~ apa~ment cannot exceed morn than 50% of the accesso~ buildings total floor area or 800 square feet. The floor area percentage was increased due to the small size of accesso~ buildings. All other currant accesso~ apa~ment zoning criteria would need to be met (see attached existing zoning criteria). Thank you for considering this recommendation. Attachments Zoning Code Amendments to Allow Accessory Apartments in Accessory Buildings 14-6-B2: Definition: ACCESSORY APARTMENTS: A temporary accessory dwelling unit located within an owner- occupied, single-family dwelting or in an accessory building and meeting the requirements of this chapter. 14-6L-1A: PROVISIONAL USES AND SPECIAL EXCEPTIONS ENUMERATED; REQUIREMENTS: A. Accessory Apartments: The installation of temporary accessory apartments in owner- occupied, single-family homes or in an accessory building is permitted in accordance with the following requirements. 2. Only one accessory apartment may be established in a single-family dwelling or in an accessory building. 7. The accessory apartment shall be clearly subordinate in area to the single-family dwelling or to the accessory building. The accessory apartment may not contain more than thirty percent (30%) of the principal building's total floor area, or not more than fifty percent (50%) of the accessory building's total floor area and in no case larger than eight hundred (800) square feet or have more than two (2) bedrooms. hisadmln/accessor.dc.c 14-6L-1 14-6L-1 CHAPTER 6 ZONING ARTICLE L. PROVISIONAL USES, SPECIAL EXCEPTIONS, AND TEMPORARY USES SECTION: 2. Only one accessory apartment may be established in a single-family 14-6Lo1: Provisional Uses And Special dwelling. Exceptions Enumerated; Requirements 3. The owner of the dwelling in which 14-6L-2: Temporary Uses an accessory apartment is located' must occupy at least one of the dwell- ing units on the premises.as the 'per- manent legal resident, except for bona 14-6L-1: PRO¥ISIONAL USES AND SPE- fide temporary absences not to ex- CIAL EXCEPTIONS ENUMER- ceed six (6) months at any one time. ATED; REQUIREMENTS: The following principal uses are listed as provisional uses 4. The accessory apartment and the or special exceptions in various zones in principal dwelling shall be under the this Chapter. These uses are required to same ownership. meet the regulations set forth in this Article, in addition to the regulations of the zone in 5. The accessory apartment shall be which the uses are allowed, only when the designed so that the appearance of requirements for each use refer to this the building in which it is located re- Article. If the regulations of the zone in mains that of a single-family resi- which the use is allowed as a provisional dance. Any new entrances should use or special exception and the additional face the side or rear yard of the build- regulations of this Article conflict, the most ing, and no addition for an accessory restrictive regulations shall govem: apartment shall increase the floor area of the original dwelling by more than A. Accessory Apartments: The installa- ten peruant (10%). tion of temporary accessory apart- ments in owner-occupied, single-fatal- 6. One additional off-street parking ly homes is permitted in accordance space shall be provided for the acces- with the following requirements: sory apartment. 1. The accessory apartment shall be a 7. The accessory apartment shall be complete, separate dwelling unit clearly subordinate in area to the which functions independently from single-family dwelling. The accessory the principal single-family dwelling apartment may not contain more than unit. thirty percent (30%) of the building's total floor area, be larger than eight 498 iowa City 14-6L-1 14-6L-1 hundred (800) square feet or have property remains the principal reel- (' more than two (2) bedrooms. dance of the owner and that all of the conditions of this Chapter have been 8. The accessory apartment shall met. have at least three hundred (300)' _ ....... square feet of floor area. I 9. No minimum lot area per unit shall t be required. 10. Prior to the issuance of an acces- sory apartment permit, the owner shall file, in the office of the County Re- corder, a declaration of covenants stating that the righl to maintain an accessory apartment ceases upon transfer of title, and that the right to I maintain an accessory apartment in no way constitutes approval of the dwelling as a duplex. The owner shall provide a copy of the declaration to the Department of Housing and In- r~ spection Services, or its successor, -- n prior to the issuance of the accessory ~-. apartment permit. (1978 Code §36-55) 11. Prior to issuance of an accessory apartment permit, the owner shall submit a notadzed affidavit to the City, verifying that the owner will occupy one of the dwelling units on the pre- mises, except for bona fide temporaW absences, and that one of the occu- pants is an eider or a person with disabilities. In order to continue the accessory apartment use, the owner must submit a notarized affidavit certi- fying compliance with this requirement by January 31 of each year. (Ord. 97-3787, 6-3-1997) 12. The permit shall be effective for three (3) years. At the end of every three (3) years, renewal of the acces- son/ apartment permit should be granted after completion of a routine housing inspection verifying that the 1. See subsection 14-6A-4H of this Chapter. L 498 lowe City