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Home My WebLink About~Master - D&O for variance to the perimeter landscaping at 520 South Duff Avenue X VInstrument:2011- 00006712 h 0ateQu1 1BY2011 04:19:22P p Ra-c Fee: 20.00 E-Com Fee: 1.00 G/ Aud Fee: .00 Trans Tax: .00 �Y Rec Management Fee: 1.00 / Non-Standard Page Fee: .00 Filed for record in Story County, Iowa Susan L. Vande Kama► County Recorder 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 CITY CLERK IN THE MATTER OF THE APPLICATION: CITY of AMES,iOWA OF SAGE REVOCABLE TRUST CASE NO. 11-08 FOR A VARIANCE TO THE PERIMETER: GEOCODE NO. 09-11-251--065 LANDSCAPING, SECTION 29.403, AMES MUNICIPAL CODE,TO ALLOW PERIMETER LANDSCAPING OF LESS DECISION & ORDER THAN FIVE FEET ON THE PROPERTY LOCATED AT 520 SOUTH DUFF AVENUE: FACTS The property at this address is a parcel of land on the east side of Duff Avenue that is 80 feet wide by 393 feet deep. The present owner purchased the property within the last two years and removed from it a very dilapidated building in preparation for redevelopment as a vehicle service facility.The zoning in this area is HOC (Highway Oriented Commercial). This land is directly north of the Wendy's restaurant,which has been at that location for a number of years. The property also lies in the Floodway Fringe.The owner approached the City early last year for approval of the site plan for Phase 1 of this project. The plan was approved in June of 2010 and construction began shortly thereafter.Being in the Floodway Fringe,a substantial amount of fill was brought on site so that the finished floor elevation would be in compliance with the zoning. 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. With valuable construction time lost due to flood mitigation, the owner continued diligently to try to get the site completed before Page 1 of 3 winter. He was only able to get landscape plants installed about a week before the first snowfall, but the site, as built, incorporated changes necessary to respond to the effects of the flood. During the winter,the changes which were not consistent with the approved plan,were allowed to remain. Ultimately, the unapproved changes were noted with the expectation of later correction, so that an occupancy permit could be issued. Then this Spring, the owner had the opportunity to make corrections or seek a variance for the changes. The owner chose to seek variances to allow the changes to remain.At the time the flooding was occurring,the site 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 this site and the neighboring one. The most affected part of the was along the south property line where the floodwaters had converged in their course property g p p Y � g around and past the two buildings. After the floodwaters had receded, the property owner 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 contacted the City staff about the situation, and the owner decided to make changes in the field as needed to mitigate the flood damage. It is these changes for which a variance is sought. The L2 landscaping requirements require at least five feet of perimeter landscaping.The owner had changed the curb style of the driveway so to be more flattened and gently sloped in order to pose less of a barrier to floodwaters. This has reduced the amount of perimeter landscaping to 3' 9" . This leaves enough space for installation of an irrigation system, and with the landscaping perimeter that is maintained on the Wendy's site, there is still a pleasant and thriving green space between the two businesses. In spite of reduced area, the vegetation in this location will stand a better than normal chance of survival since it is irrigated. The rest of the interior landscaping would also be sprinklered, all with the intent to ensure its longevity,which will also prevent 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 this site was being built which made it possible to test the durability of the landscaping under extreme conditions. These circumstances demonstrated that conventional landscaping and cement curbing would not endure the event but instead would become more debris washed downstream. Moreover, given its critical location on the site, the landscaping and curb immediately next to it are vital to secure the dirt that provides support for the driveways and buildings on the site. Without this variance, this portion of the site 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 curb 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 perimeter landscaping requirements in an HOC (Highway Oriented Commercial) zoning district, Page 2 of 3 Section 29.403, Ames Municipal Code,to allow a reduction in the perimeter landscape dimension to three feet, nine inches along the south property line,with the following conditions: 1. That replacement trees be planted in the right-of-way nearest to 520 South Duff Avenue by October 31, 2011. The trees shall be maintained by the owner of 520 South Duff Avenue until November 30, 2014, to ensure their survival. 2. The site plan shall be revised and be submitted to the City Planning Division for review and approval consistent with staff and ZBA agreements. 3.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 of the D&O being released. 4. Fifteen percent minimum landscaping area shall be maintained on the site. 5. The irrigation system shall be maintained along the south property line and irrigation shall be regularly provided to keep the grass green and healthy throughout the growing season. 6. 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, all for the property located at 520 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. je mily #tthe Bruce Calhoun creta Board Chair Page 3 of 3 LEGAL DESCRIPTION-520 S.DUFF AVENUE,AMES THE SOUTH 20 FEET OF LOT 4 AND ALL OF LOT 5, CHAVIS ADDITION,AN OFFICIAL PLAT AND PART OF LOT 2,WAL-MART'S SUBDIVISION,FIRST ADDITION,AN OFFICIAL PLAT ALL IN THE CITY OF AMES, STORY COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2;THENCE SOUTH 0'20154" EAST ALONG THE EASTERLY LINE OF SAID LOT 2,A DISTANCE OF 79.93 FEET; THENCE NORTH 89'58'54"WEST ALONG THE EAST EXTENSION OF THE SOUTH LINE OF SAID LOT 5 AND THE SOUTH LINE OF SAID LOT 5, CHAVIS ADDITION,393.91 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5;THENCE NORTH 00'l8'05" WEST ALONG THE WEST LINE OF SAID LOTS 5 AND THE SOUTH 20 FEET OF LOT 4,A DISTANCE OF 80.00 FEET;THENCE SOUTH 89'58'54"EAST ALONG THE NORTH LINE OF THE SOUTH 20 FEET OF SAID LOT 4,A DISTANCE OF 279.75 FEET TO A POINT OF INTERSECTION ON THE NORTHERLY LINE OF SAID LOT 2;THENCE SOUTH 89'56'42" EAST ALONG SAID NORTHERLY LINE, 114.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.72 ACRES (31,506 SQUARE FEET). 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