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Home My WebLink About~Master - D&O for an exception for a minor area modification, Section 29.1506(5)(c) 0 L C CITY OF AMES, IOWA MAY 12 2011 ZONING BOARD OF ADJUSTME T CITY CLERK CITY OF AMES,IOWA IN THE MATTER OF THE APPLICA- TION OF BERGH FOR AN EXCEPTION CASE NO. 11-04 FOR A MINOR AREA MODIFICATION, GEOCODE NO. 09-02-401-120 SECTION 29.1506(5)(c) OF THE AMES MUNICIPAL CODE,TO ALLOW RE- DUCTION OF THE SIDE YARD SET- BACK ON THE PROPERTY LOCATED DECISION& ORDER AT 712 DUFF AVENUE FACTS The property at this address is on the east side of Duff Avenue in an area zoned UCRM(Urban Core Residential Medium Density)and O-H(Historic Overlay District). On this site there is a three story home with a two car detached garage. The lot on which the home sits is about 75 feet wide and 180 feet deep. The residence is situated 55 feet from the front lot line,55 feet from the rear lot line,and 17 feet from the lot line on the south. On the north side,however,the home sits 10.20 to 10.33 feet from the lot line. The property immediately north of this one,addressed at 718 Duff Avenue,is also occupied by a single family home with a detached two car garage in the rear. The driveway to the garage at 718 Duff is on the south side of the home. When that homeowner had the property surveyed,it was found that the driveway for 718 encroaches onto the lot of 712 Duff between 2.52 to 2.71 feet. The encroachment also includes a fence on the south edge of the driveway. The owner to the north approached the neighbors to the south and proposed acquiring the portion of their property that contains the encroaching part of the driveway. The owners to the south were willing to do this,and when the parties submitted a request for a boundary line adjustment to the City,they were advised to seek an exception for minor area modification since the boundary line adjustment they propose will create a non-conformity in the lot to the south, in that it is required to have an 8 foot side yard setback on the north. This application followed. The homes in this area are among the oldest in the City. The house at 712 Duff was built in 1920 while the one at 718 Duff was built in 1893. While it is not known exactly how or when the encroachment came about, it was only recently discovered by these homeowners,who only recently bought their respective homes. There are no other practical solutions to correct this problem,since narrowing the encroaching drive would cause it to become impassibly narrow and unsafe, and the homes themselves cannot practically be moved. The exception will not have any negative impact on neighboring properties as everything from an observable view will appear just as it does now. The use of the premises will be the same, and it will not exceed the limits for this type of relief. Page 1 of 2 DECISION The Board considers the standards applicable to Exceptions for Minor Area Modification under the provisions of the zoning ordinance. The Board hears the evidence concerning this application and finds that historic nature of this situation is a very unique special circumstance. The properties'use and appearance will be unchanged,but granting this exception will clear any title issues for future transfers of either lot. The exception being requested is the minimum necessary to correct this problem, and does not exceed the limits for this type of relief. Based on these findings, the Board determines that the standards for this exception are met and that this request should be granted. ORDER WHEREFORE,IT IS ORDERED that the applicant is anted for an Exception for Minor Area pp �' eP Modification, Section 29.1506(5)(c)of the Ames Municipal Code,to allow reduction of the north side yard setback to the dimensions as shown on Attachment B -Plat of Survey, for the property located at 712 Duff Avenue. Any person desiring to appeal this decision to a court of record may do so within 30 days after the filing of this decision. Done this 13t` day of April,2011. mily Bur/on Thomas Weber S ret to the Board Chair Page 2 of 2 I f Attachment B PLAT OF SURVEY Mwv"14 1?1 T'S' a=<h1N0 lit' _ FOUIID 117 PERM r, T RED w,,' - .- YELLOW YELLOW Pu M ID "TIC ID 1 GAP P MM 1�ROUND 1,I �p YEU ow PIAIM R) POfvr❑F cAP aee WA414 uwcYELLOW i AEMu wr fit: PLA--W.ID CAP seat P+ARCEL'P' 7y q •l I r1 11R� I I w� . iFYYI FOUND I'l, IRON PIPE F''"CEIVED €,;rr tlf AM ,iQWA FMMD NAIL. 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