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HomeMy WebLinkAboutA005 - Variance Application - 2136 Lincoln Way - Sigma Chi Fraternity ZLl�q / I-os ` Application Form Last Updated: January 21, 2011 Variance Application Form (This form must be completely filled out before the application will be accepted) 1. Property Address for this Variance Application: 2136 Lincoln Way 2. Legal Description(attach if lengthy): College Heights Add. Lots 6 - 8 and E731N1501 and E371S1511 Lot 9 Ex. Str. Blk 3. / (We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of Adjustment to grant a "Variance"to the Zoning Ordinance to allow the issuance of a Zoning Permit to permit: Front Yard parking 29 . 406 (7) 4. The Zoning Permit was refused because: Front yard parking along Gray Ave. 5. Property Owner: Beta Omicron Chapter of Sigma Chi Address: 2136 Lincoln Way Ames Iowa 50014 (Street) (City) (State) (Zip) Telephone: (Home) (Business) (Fax) 6. Applicant: Beta Omicron Chapter of Sigma Chi Address: 2136 Lincoln Way Ames Iowa 50014 (Street) (City) (State) (Zip) Telephone: (Home) (Business) (Fax) 7. Contact Person: Doug Sharp Address: 6601 Westown Parkway West Des Moines Iowa 50266 (Street) (City) (State) (Zip) Telephone:515 . 283 . 8642 515 . 273 . 3020 (Home) (Business) (Fax) E-mail address: dsharp@bsbdesign.com APR 1 2 2011 3 CiTt OF AMES, laws O�l�t ClF �+l.ANNING 8 HOUSING Application Form Last Updated: January 21, 2011 The Zoning Board of Adjustment may grant a Variance, provided the Board members can make a finding that the Variance will not result in unnecessary hardship, will not be contrary to the public interest, will observe the Spirit of the Ordinance, and shall result in substantial justice. This appeal will not be granted unless sufficient facts are presented in this application to justify the variance in light of the standards and to show that the granting of the variance relates to the intent and purposes of the Zoning Ordinance and the Land Use Policy Plan. Approval of the Variance by the Zoning Board of Adjustment in no way absolves the applicant from subsequently obtaining the necessary building permits or other permits from the City of Ames or from other applicable agencies. I(We) certify that I(we) have been denied a Building/Zoning Permit, that I(we) have submitted all the required information to appea or a Variance, and that said information is factual. Signed by: NSA Date: (P e O er) (Note: No other sig ature ay be substituted for the Property Owner's Signature.) and: D�2 Date: 1 �I _ (Apollfa f t) and: V '7 Date: —Lkov* 11 (Contact Person) 5 � ic-1 4 Application Form Last Updated: January 21, 2011 Variance Supporting Information (This form must be filled out completely before your application will be accepted) The Zoning Board of Adjustment can grant a Variance, only if all of the following standards are satisfied. In order to facilitate review of this application for a Variance, the applicant must address each of the "Variance Standards" set forth in Section 29.1504(4) of the Zoning Ordinance, which are listed below. (Note: The applicant's explanation of how the request meets each standard may be attached on a separate sheet if sufficient space is not provided.) 1. Variance Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that the "Variance Standards" are satisfied. Pursuant to Iowa law, a variance shall be granted only if all of the following standards are satisfied: (a) The granting of the variance shall not be contrary to the public interest. Please present information to indicate that the Variance will not result in injury or endangerment to other property or persons, nor will it devalue nearby property. Explain how the request meets this standard. To continue to have a viable Sigma Chi Chapter at ISU, we must build a new residence. To be a workable financial model, we must have 50 residents paying room and board. The requested variance to the front yard prohibition will allow the parking that is required by the city for there to be 50 residents. Please see attachment - It is in the public interest of the city and the university to have a Greek Chapter particularly on Lincoln Way -This site has high visibility, hence having a significantly designed building that is more consistent with the surrounding neighborhood is in the public interest. - By creating a more significant building, the parking becomes less visible. In addition, the parking will be at the rear of the site, having little impact on the Lincoln Way image. -The requested variance will improve the neighborhood image with concrete paving and improved landscaping. 5 Application Form Last Updated: January 21, 2011 (b) That without granting of the variance, and due to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship. Unnecessary hardship exists when: (i) The land in question cannot yield a reasonable return if used only for a purpose allowed in the zone; To meet this standard, please show that all beneficial use and/or enjoyment of the property will be lost if the Variance is not granted. Supporting evidence from a professional appraiser, realtor, or other professional, may be necessary to support your appeal. The Zoning Board of Adjustment may require documentation of loss of value in order to grant this variance. Explain how the request meets this standard. Please see attached document: 'Case for Economic Hardship' In order to be a sustainable entity the chapter must improve its facilities offered by building new. This requires higher parking requirements. This design meets those standards if we can use the setback on Gray. At a lesser parking and bed level the chapter will not continue to operate. If Sigma Chi leaves, we do not believe other Greek Chapters will choose this building as an alternative, thus leaving a for profit apartment developer as the most likely purchaser of the site. We do not believe this type of building is in the best public interest. (ii) The plight of the owners is due to unique circumstances and not to the general conditions of the neighborhood; Please show that the physical circumstances on the subject property are unique and unlike other properties in the vicinity. Explain how the request meets this standard. -This corner lot gives us unique circumstances not required of the neighbors. The width of the lot with a 2nd front yard parking setback creates a very restrictive parking area. The requested parking area has little impact on Lincoln Way or the neighborhood. -The parking area faces a higher density university property to the West which has a parking lot directly across the street and it is also located in what would be a front yard setback. -Our neighbor to the South has existing parking in the same setback. - By allowing this variance, we will improve our existing gravel lot with concrete paving and improved landscaping, thus improving the neighborhood. 6 Application Form Last Updated: January 21, 2011 (iii)The use to be authorized by the variance will not alter the essential character of the locality. Please show that the proposed use is compatible with the character of the surrounding area. Explain how the request meets this standard. -As stated in (ii) an upgraded concrete lot with better landscaping and lighting will improve the neighborhood character. - Most Greek Houses have total parking coverage in the rear yard as our neighbors to the East. -Our neighbors to the South have parking in the same front yard setback and they do not meet one parking space per bed that we are achieving. (c) The spirit of the ordinance shall be observed even when the variance is granted. Please show that the Variance is consistent with the intent of the Sign Ordinance, Zoning Ordinance, and the Land Use Policy Plan. A Variance would not be consistent with the intent if alternatives for development exist that do not require a Variance. Explain how the request meets this standard. We decided not to request a variance from the parking quantity standards to keep the parking out of the front yard because the lack of parking has a greater impact on the neighborhood than the front yard parking. We have explored the feasibility of the following alternatives: Reduced beds and found this to not be a sustainable business model. The chapter could not continue to support itself. -Covered parking integrated into the building creates budget breaking construction costs and -consequently a mortgage that will not allow the fraternity to compete for members. The requested parking variance has no negative impact on the neighborhood while still promoting the property use and image desired by the city. 7 Application Form Last Updated: January 21, 2011 (d) Substantial justice shall be done as a result of granting the variance. Explain how the request meets this standard. We emphatically believe that our proposed building and requested parking variance meets the city parking requirements and provides a better solution than existing neighboring properties. This will lead to an upgraded neighborhood. If not granted we believe this will be a very desirable property to apartment developers and force the city to accept a larger scale building with less quality materials and ultimately will have a negative impact on the neighborhood and most importantly the Greek image on Lincoln Way. 8 Application Form Last Updated: January 21, 2011 Variance Site Plan Checklist (For Properties Occupied by a Single-Family or a Two-Family Dwelling) (This form must be filled out completely before your application will be accepted) The applicant shall submit a Site Plan, drawn to scale, that clearly shows the Variance being sought. The Site Plan shall be a reproducible, black line drawing on a sheet of paper no larger than 11"x17". If the project for which the Variance is sought is a single- family or a two-family dwelling, or other use exempt from the requirement for a "Site Development Plan", then the Site Plan shall include, at a minimum, the following information: (NOTE: If the proposed project requires approval of a "Major or Minor Site Development Plan", it should be included with this application for a "Variance", not the Site Plan described on this checklist.) Dimensioned property lines "Abutting streets and alleys "-Location and size of all existing and proposed buildings and structures (include distances to all property lines and distances between buildings and structures.) Required setbacks Driveways and parking areas, fully-dimensioned Other pertinent information necessary to fully understand the need for a Variance (e.g.: significant change in topography, location and size of mature trees, etc.) 9 ����ICI��i117�1�11�lillil�pf�l i�ll�i�4��I 4VYk ^,44 Application Form Last Updated:January 21,2011 Variance Permission to Place a "Zoning Action Pending" Sign on Private Property (This form must be filled out completely before your application will be accepted) I Section 29.1500 2 d iii of the Zoning Ordinance requires that notice shall be posted b the ( ){ )( ) g s q P Y City on signs posted on the subject property. One sign shall be posted for each public street frontage. Required signs shall be posted along the perimeter of the subject property in locations that are highly visible from adjacent public, streets not less than seven (7) days prior to the meeting or hearing, unless otherwise prescribed by statute. The owner of property at hereby grants the City of Ames permission to place "Zoning Action Pending" signs on the property for the purpose of informing interested persons of the request for action by the City of Ames. I understand that the signs will be placed on the property several days prior to action on the request by the Planning and Zoning Commission, Zoning Board of Adjustment, or the City Council, and may remain on the property until the request has been approved or denied by the City. F Signed by: (Property Owner) (Note: No other signature may be substitutedfor the Property Owner's.Signature.) i 10 i