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HomeMy WebLinkAboutA001 - Variance Application for 520 South Duff Avenue �.... .. , r-a7 RECEIVES z _ r r-0 8 Application Form Last Updated: January 21, 2011 APR 13 2011 CITY OF AMES, IOWA Variance DEPT,, OF PLANNING &HOUSING Application Form (This form must be completely filled out before the application will be accepted) 1. Property Address for this Variance Application: 52 0 South Duf f Avenue & 528 South Duff Avenue 2. Legal Description (attach if lengthy): Parcels 'A' and 'B' (see attached) & Lot 2 of Wal-Mart's Subdivision, First Addition 3. I (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. see attached 4. The Zoning Permit was refused because: see attached letter 5. Property Owner: Ted A. and Dawn D. Sage, Revocable Trust AND Address: 2717 White Oak Drive, Ames, Iowa 50014 (Street) (City) (State) (Zip) Telephone: (515) 290-4435 (Home) (Business) (Fax) 6. Applicant. Ted Sage (same as Property Owner) Address: (Street) (City) (State) (Zip) Telephone: (515) 2 90-443 5 (Home) (Business) (Fax) 7. Contact Person: Ted Sage (same as Property Owner) Address: (Street) (City) (State) (Zip) Telephone: (515) 2 9 0-4 4 3 5 (Home) (Business) (Fax) E-mail address: ted.sage@lof-xpress .com 3 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 a peal for a Variance, and that said information is factual. Signed by: Date: (Props ner) Jeff Mosiman (Note: No other si nature may be substituted for the Property Owner's Signature.) 4� U and- V" Date: •(Appl' ) Jeff Mosiman and: Date: (Contact Person) Ted Sage &Saw 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 t nil s a arils 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. Reducing the required number of L2 shrubs and perimeter landscape width between the LOF-XPress and Wendys will provide a clearer area of visibility to and between these properties with narrower frontages to SoUth BUff Avente as well as rpdiir-P the adverse effects of Rrnginn between the properties during large rain events and flooding experienced multiple times in recent years by aiiowing more durabie ground cover. ese c anges wiii be safer and FRere valuable—€er eaeh pEeper . 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: (1) 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. Planting the number of L2 shrubs required between the LOF-XPress and Wendys would not allow for added protection of ground cover in large rain events floodingor x u s ice, I nng-term di]rahiI i ty and p rntart i nn £rnm ernainn during these events. Thick shrub screens can result in overgrowth that will kill grass and increase potential erosion thus impacting property value. (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. The subject property is located within the flood plain and has suffered significant flood damage multiple times in recent years including erosion from properties wittiout acLequate grouncL cover. unalsturbed grass areas provide at darab±e �-.Iromid cover that cmn prevent Oro siOn. (see attached pictures of erosion) 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. The locality is within a highway oriented zoning district with very large traffic volumes demanding high visibility for businesses that will also reduce sa e y concerns. Perimeter Iandscaping aittiough aesthet±cally pleasing and helpful fai: headlights fr-GM parking-areas Gan reduce visibility especiallyy for properties with narrow street frontage. A reduction from the number of L2 shrubs and perimeter landscape width will not alter the essential character of the locality. (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. Even with the requested reduction of shrubs and perimeter landscaping width, the property is meeting the minimum lanascaping area require an providing a significant nandber of trees and shrubs that ' a nnnci ai-cnt With the P-nperties and the intent of the ordinances and plans within a highway oriented zoning district . 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. The requested variance will provide better ground protection from erosion during very large rain events and flooding that hai been experienced multiple times tn thts area as well as help Hurwasy vAtbOtty for the businesses. 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"W7 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.) Pictures Attached 9 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) Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall be posted by the 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 56^0 S Dqt, Am hereby grants the City of Ames permission to place "Zoning Action Pending" ns 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. Signed by: Date: (Oro p-erty Owner) (Note: No other signature may be substituted for the Property Owner's Signature.) 10 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) Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall be posted by the 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 SP-0 S�l Nff 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. Signed by: ®t�o1,i4�Date: l (Property Owner) (Note: No other signature may be substituted for the Property Owner's Signature) RECEIVED APR 0 5 2011 CITY OF AMES, IOWA B€PT, OF PLANNING a HOUSING 10 Application Form Last Updated: January 21, 2011 Adjoining Property Owner Statement (Completion of this form by the applicant is optional) To Whom It May Concern: We, the undersigned, own property adjoining Ames, Iowa. It is our understanding that has filed an appeal with the Zoning Board of Adjustment to allow As adjoining property owners,we would have no objections to the issuance of this building permit for the purposes stated above. NAME ADDRESS DATE i ftA Aye, Yl'IZ-11 UJ 11 Variance Request—520 South Duff Avenue Application Item Number 3 Statements 1. Variance from the 4 foot on center maximum shrub spacing requirement for L2 landscaping, 0 6 to allow 8 foot on center along the south property line of 520 South Duff Avenue. 2. Variance from the 4 foot on center maximum shrub spacing requirement for L2 landscaping, O-7 to allow 8 foot on center along the north property line of 528 South Duff Avenue. 3. Variance from the minimum 5 foot width of L2 perimeter landscaping area, to allow 3 foot, 9 // —Or inch wide landscaping along the south property line of 520 South Duff Avenue. Response to City Letter Issues dated December 17,2010 1. Requesting variance per statement number 1 2. Requesting variance per statement number 1 and 2 3. Requesting variance per statement number 3 4. Based on the as-built site plan,the landscape areas have been calculated at 21.9 percent for Phase 1 improvements and will be at 15 percent once Phase 2 is completed. 5. The owner will comply with code regulations. 6. See item 4. Grass pavers may be used to replace the rock. 7. The owner will comply with code regulations per the site plan but will replace the 3 Burning Bushes with 3 Arbavida. 8. See item 4. DEPARTMENT OF PLANNING & HOUSING 515 Clark Avenue,P.O.Box 811,Ames,IA 50010 co.mRfrmr. Phone:515-239-5440♦Fax:515-239-5404 Q'"'"'` 4" sen,�r �tho a sos ci .ames.ia.us lcn-pri.amr rP � ty December 17,2010 Ted A. Sage _ �I 2717 White Oak Drive L Ames,Iowa 50014 RE: 520 South Duff Avenue(SDP-10-04)Compliance Dear Ted, Thanks for meeting with Clint Peterson and I on Tuesday,December 14,regarding zoning compliance of your new oiUlube facility.We are glad to see that you are up and running and wish you success with your operation! Your facility is a great improvement to the South Duff Corridor. Per our conversation we are sending you this letter to document the outstanding issues that we discussed,and to also provide you with a Variance Application Packet.As you know,there were some observations we made of your site that do not reflect the site plan approved on April 15 of this year. Some of those changes may be yo p PP P starting point for you would be to have an as both site consistent with City code,but others are not.A good s g p plan prepared. An as-built should help you sort deficiencies we've identified into four categories: 1. Those that we may have cited in error 2. Those that you will revise to meet City code 3. Those which will meet city code but need to be shown on a revised site plan 4. Those for which you may request variances Its important for you to know going into a variance application,that the burden is on the applicant to provide evidence that the request(s)meets all of the Variance criteria.An application for variance is not a guarantee of approval,but the more closely you relate your request to the criteria,the better your chances of convincing the Zoning Board of Adjustment that your request(s)should be approved. We commit to reviewing the evidence submitted in your application and providing you comments before a meeting date is set. We may be able to identify any obvious deficiencies before moving forward to the Board. The following is a summary of the issues we discussed on site. Please review them and let me know ifyou have questions,or if you have other ideas on how to address them: 1. The approved site plan shows 11 trees along the south property line.Five of these are for your site,and six for the Wendy's site.None have been installed.Trees 50 feet on center are a Code requirement for L2 perimeter landscaping. 2. The approved site plan shows 112 shrubs along the south property line.Fifty-eight of these are for your site and 54 are for the Wendy's site. A total of 50 were installed at roughly eight feet on center.Shrubs four feet on center are a Code requirement for L2 perimeter landscaping even if there is identical landscaping on the other side of the property line. We note that you have installed an irrigation system in anticipation of putting lawn in this area to better control the erosion problems you experienced with the August floods. Irrigated lawn in exchange for fewer shrubs was one of the issues discussed for variance consideration. December 17,2010 Page Two 3. The approved site plan shows a five foot L2 landscape area along the south property line.The driveway appears to have been built one foot wider than the site plan shows.If so,the additional width would be an encroachment into the minimum five-foot width. 4. The approved site plan shows the landscaping area to extend southward beyond the face ofthe dumpster enclosure. The landscaping area was reduced when constructed and may have affected the overall percentage of landscaping(which must be at least 15%of the site). 5. The approved site plan shows five shrubs behind the dumpster enclosure.Two were installed. 6. The approved site plan shows a 250 square foot landscaped area on the vacuum equipment island. No landscaping was installed on this island. This may have also affected the overall percentage of landscaping. 7. The approved site plan shows eight shrubs on the easternmost island.Three were installed.Shrubs could be reduced provided there is compensating vegetative ground cover,such as grass or vines. Please note that mulched areas are allowed in required landscape areas only ofthe mulched area is not wider than the shrub or tree. Since the size requirement for shrubs must be met within three years of growth,then we interpret the mulch restriction to mean that the mulched area cannot be any larger than the anticipated three-year size of the tree or shrub. 8. The approved site plans note that the site is 15.6%landscaped after Phase 2 is complete,which is just over the required 15% minimum. The landscaping has been reduced in areas of the site described herein.An as-built drawing with new calculations is needed to address several of the above comments, and to ensure that Phase II may be built in compliance with the approved site plan. We discussed a target date to resolve these issues, and you suggested either April or May due to weather constraints. To ensure adequate time and flexibility,please have these issues resolved by no later than June 1, 2011. You may work with Planning staff during that time(either me or Sam Perry),and we will assist you any way we can. After that date,any required correspondence and action will be handled through the Inspections Division. Please note that the Wendy's site also needs to be resolved by June 1 or we will be taking separate enforcement action with the Wendy's site owner. Again,we appreciate your efforts and the huge improvement you have made to this area. We look forward to working with you to finalize any outstanding issues and gain zoning compliance. Please let me know how I may assist you. Sincerely, Steve Osguthorpe,AICP Planning&Housing Director SO\clh Enclosure cc: Clint Peterson,Fire Chicf S:\PLAN_SNR\Staff\Steve\Correspondencc\Letters to customers\Sage0il-LubeCompliance-12-17-10.doc _..._ ..„r . _.. .. ....__.. a ..,, Tr , 'd f 1' -L`:. a .�. t6� rfH 5 0. Tian-Fell. S.W Fit; 1,OO. �-i ,I'u1)�._i���;'-' U Fee: A mgs vs,. u o 9,7r AD T(33`3$`dV 1-' 7 + Munaanm at Fe", L Q4 Fri-SEaadarf P.I.Fes U7 _ ^ ?w r u g .0 j p F(--J f"€.�qrd q srarr a,18E9r low 0 � � n a>'� a� �. v seu L.1.,r:ea K]YB, 6msta Gecordu ;19 n If i Ri U "�, °a'l x• or rn 7 y a ZZ l.tt) —OD 2. lrm c� F�r4. uQ gip; .t�'» 7 c. C7. r'.cc co O. 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