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Home My WebLink About~Master - D&O for variance to the minimum landscaping at 528 South Duff Avenue i nstrunent:2011- 00006711 M Date:Jul 18►2011 04:1E:00P D Rec Fee: 20.00 E-Con Fee: 1.00 6/ Aud Fee: .00 Trans Tax: >00 b2' Rec Management Fee: 1.00 / Nan-Standard Page Fee: .00 Filed for record in Storg Countyr Iowa Susan L. Vande Y,amp: Counts Recorder t DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: Judy K.Parks,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010(515-239-5146) Return recorded document to: City Clerk,City of Ames,515 Clark Avenue,Ames,Iowa 50010 CITY OF AMES, IOWA ZONING BOARD OF ADJUSTMEN JUL 1 5 2011 IN THE MATTER OF THE APPLICATION: CITY CLERK OF GARDEN SPOT REAL ESTATE FOR CASE NO. 11-07 CITY OF AMES,IOINA A VARIANCE TO THE MINIMUM GEOCODE NO.09-11-251-205 LANDSCAPING, SECTION 29.403,AMES MUNICIPAL CODE,TO ALLOW OFFSET : SHRUB SPACING ON THE PROPERTY : DECISION& ORDER LOCATED AT 528 SOUTH DUFF AVENUE: FACTS The property at this address is a parcel of land on the east side of Duff Avenue that is the site of a Wendy's Restaurant.The zoning in this area is HOC(Highway Oriented Commercial). This land is directly south of a property from which was fairly recently removed a very dilapidated building in preparation for construction of a new vehicle service facility. The Wendy's restaurant, which has been at that location for a number of years, expected that it would be minimally disturbed by the redevelopment activity next door. These properties both also lie in the Floodway Fringe. Being in the Floodway Fringe,the new building needed to be raised so that the finished floor elevation would be in compliance with the zoning, as had been done for the Wendy's property. The main building had been constructed and a substantial portion of the flat exterior concrete work had been completed by early August.That was when the City experienced record flooding throughout the City,including this entire portion of South Duff Avenue as far north as the 400 block. At the time the flood was occurring, the north property was in the midst of construction, so large parts of the site were bare dirt.The floodwaters scoured this bare ground and undercut portions of the poured concrete on both sites.The most affected art of the roe was along the north roe line,where the floodwaters p property rtY g property rtY Page 1 of 3 had converged in their course around and past the two buildings. The restaurant drive way that served the drive-through window had been so undercut that it had to be closed to traffic until support material could be replaced. After the floodwaters had receded, the property owners had the opportunity to observe how the established landscaping on the Wendy's property had fared in the flood. It could be seen that the turf grass had been largely unharmed,but the areas where there had been landscape rock,either with plantings or as ground cover,had been severely scoured.The owner of the property to the north contacted the City staff about the situation, and it was decided to make changes in the field as needed to mitigate the flood damage on both properties and then to change the site plans later. It is these changes for which a variance is sought. The L2 landscaping requirements require at least five feet of perimeter landscaping with shrubs in that area spaced one shrub every four feet on center.The landscaping shrubs which are shared between Wendy's site and the property of the north are spaced eight feet on center,but are staggered so that, when combined with those on the other site, sit at four foot intervals. This would leave enough space between the bushes so that the grass would not die back and could be a secure anchor in flood events. The landscaping along the shared property line would also be sprinklered, all with the intent to ensure its longevity by preventing erosion and periodic damage from flood events. DECISION The Board considers the standards applicable to requests for variances from the provisions of the zoning ordinance. In this situation, unique circumstances came about in the form of an unprecedented flood that occurred as the adjoining site was being built which made it possible to test the durability of the landscaping under extreme conditions.These circumstances demonstrated that conventional landscaping would not endure the event but instead would become more debris washed downstream. Moreover, given its critical location on the site, the landscaping is vital to secure the dirt that provides support for the driveways and buildings on the sites. Without this variance, the landscaping is likely to face repeated episodes of destruction,perhaps even to the extent that building support would be compromised, causing the land to lose all value. The proposed alternative landscape design, though not strictly code compliant, will actually enhance safety by being flood worthy but also will be aesthetically attractive.As such,it is keeping with the spirit of the ordinance. ORDER WHEREFORE, IT IS ORDERED that the applicant is granted a variance to the minimum landscaping requirements in an HOC (Highway Oriented Commercial) zoning district, Section 29.403, Ames Municipal Code, to allow four foot on center offset shrub spacing along the north property line, with the following conditions: 1. The site plan shall be revised and be submitted to the City Planning Division for review and approval consistent with staff and ZBA agreements. 2.The variance shall run with the land to ensure compliance with conditions for future owners.The Decision and Order(D&O) statement shall be recorded in the office of the Story County Recorder by the applicant,and copies of recorded documents returned to the City Clerk's office within 30 days Page 2 of 3 of the D&O being released. 3. The irrigation system shall be maintained along the north property line and irrigation shall be regularly provided to keep the grass green and healthy throughout the growing season. 4. The site shall otherwise be brought into compliance according to the approved site plan of June 21, 2010, and the letter dated December 17, 2010,by June 1, 2011. 5. That a replacement tree be planted in the right-of-way nearest to 528 South Duff Avenue by October 31, 2011. The tree should be maintained by the owner of 528 South Duff Avenue until November 30, 2014 to ensure its survival, all for the property located at 528 South 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 27th day of April, 2011. �c�retao n - Bruce Calhoun the Board Chair Page 3 of 3 LEGAL DESCRIPTION 528 S.DUFF AVENUE,AMES A PART OF LOT 2, WAL-MART'S SUBDIVISION,FIRST ADDITION,AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 00'32'16" WEST, 119.77 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 89'58'54" EAST, 382.86 FEET TO THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 00'20'54" EAST ALONG SAID EASTERLY LINE, 91.10 FEET; THENCE NORTH 89'49'21" WEST ALONG SAID EASTERLY LINE, 17.95 FEET; THENCE SOUTH 00'20'54" EAST ALONG SAID EASTERLY LINE, 29.45 FEET; THENCE NORTH 89'51'54" WEST ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 364.52 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.04 ACRES (45,448 SQUARE FEET). �I �q.