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HomeMy WebLinkAboutA002 - Variance Application - 1407 South Grand Ave 01UGINAL CAMPUS CREST-FENCE VARIANCE Application Form Last Updated:JanuarY21, 2011 1407 South Grand Avenue Variance Application Packet 1. Application Packet Be sure to complete and submit all the reauired materials that are a part of this Application Packet. Failure to do so will result in a delay in accepting your appeal until the application is complete. The"Application Packet"for a Variance includes the following: • Application Form(This form must be filled out completely for all applications) • Supporting Information (Each 'Standard"listed must be addressed) • Site Plan Checklist(Use this Checldist to prepares the Site Plan) • Permission to Place a"Zoning Action Pending"Sign on Private Property (This form must be signed by the property owner) • Adjoining Property Owner Support Statement(Completion of this form is optional) 2. Board Meetinas. The Zoning Board of Adjustment considers the facts presented by the appellant in the application and testimony given under oath at the public hearing,and makes the final decision, based on the standards in the Ordinance. The Board meets on the second Wednesday of the month at 7.00 p.m.in the City Council Chambers. Additional meetings may be held on the fourth Wednesday of the month from April through October. 3. Application Process/Fee. The process fora Variance is as follows.- VARIANCE;EXCEPTION AND SPECIAL HOME OCCUPATION APPLICATION PROCESSING SCHEDULE Submittal Notice of Staff Comment to Additional Information Zoning Board of Date Application Applicant Submitted Adjustment Review Completeness if applicable) Determined Within 3 working Within 3 working days of Determined by applicant Between 12&26 days after by days of submittal notice of complete final revisions submitted, or applicant application after request to process as Is. If application is If no additional information Staff response to Number of days depends incomplete, process required, project will be additional information upon both date of submittal begins anew on scheduled for ZBA review within 3 working days of and the number of weeks in submittal date of within 12-26 days of final submittal. Applicant a month. new information. staff comments. may provide information or request to process as is. All required information and materials must be filed with the: Department of Planning&Housing City Hall—Room 214 515 Clark Avenue, P.O. Box 811 Ames, Iowa 50010 The filing fee is required at the time the application is submitted. The amount of the filing fee is available from the City Clerk's Office or the Department of Planning and Housing. $150. FOX REF. NO. 5032-106.302 Application Form Last Updated:January 21,2011 4. Site Plan and Architectural Elevations. 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"x 17". If a Major or Minor Site Development Plan was submitted as part of the development approval process for the subject property, then that Major or Minor Site Development Plan should be submitted with the Variance application. If the project for which the Variance is sought is a single-family dwelling, 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: • Dimensioned property lines • Abutting streets and alleys • Location__and_size of .a#.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.) Architectural elevations also should be submitted, where appropriate, to assist the Board in making its decision. These architectural elevations should be black line drawings, drawn to scale on a sheet of paper no larger than 11"xl 7". 4. Photos and Exhibits. Materials submitted with the application or presented as evidence during the public hearing will not be returned and must be kept as part of the public record. 5. Notification. The City will mail a notice to all property owners within 200 feet of the property that an appeal for a Variance has been filed. This notification is done so that concerned individuals will have an opportunity to learn about what is being proposed and can present information on this matter to the Zoning Board of Adjustment. IF YOU HAVE QUESTIONS ABOUT COMPLETING THIS APPLICATION, PLEASE CONTACT THE DEPARTMENT OF PLANNING AND HOUSING, OR THE CITY CLERK'S OFFICE. Department of Planning and Housing: 515-239-5400/515-239-5404 FAX City Clerk's Office: 515-239-5105/515-239-5142 FAX E-mail: chollar@ciity.ames.ia.us 2 z-BA—h-y-1 a. Application Form Last Updated:January 21,2011 Variance Application Form (This form must be completely filled out before the application will be accepted) I. Property Address for this Variance Application: 44G d u Ig0-1 5. Gro.nd A,4envc, 2. Legal Description(attach if lengthy): Lot 1, Grand Aventie Subdivision,4th Addition,Ames, Iowa 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: a 6 foot high fence in the front yard in lieu of the 4 foot high fence permitted by code. 4. The Zoning Permit was refused because: The permit was refused because code section 29.408(2)(c)(1)allows only a 4 foot fence in the front yard. 5. Property Owner: Campus Crest x7-A %&K. Address: 2100 Rexford Road, Suite 414, Charlotte, NC 28211 (Street) (City) (State) (Zip) Telephone: NA 704-496-2528 704-496-2599 (Home) (Business) (Fax) 6. Applicant. same as property owner. Address: (Street) (City) (State) (Zip) Telephone: (Home) (Business) (Fax) 7. Contact Person: Scott Renaud, P.E., FOX Engineering Associates Address: 414 South 17th Street, Suite 107,Ames, Iowa 50010 (Street) (City) (State) (Zip) Telephone: NA 515-233-0000 515-233-0103 (Home) (Business) (Fax) E-mail address: srenaud@foxeng.com ED MAY 1 3 2011 3 CITY OF AMFS, IOWA DEPT. OF PLANNING & 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 1(we)have been denied a Building/Zoning Permit,that I(we)have submitted all the required information to appeal for a Variance,and that said information is factual. Signed by: LDate: /�- (Property Owner) 001111fCoOor L. 9444 Jr (Note. No other signature may be substituted for the Property Owner's Signature.) and: same as property owner. Date: (Applicant) and: Date: Z (Contact Person co Renaud 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. No injury results from a higher fence. The extra height is a deterrent to individuals that do not have legal access to the property. There is no devaluation of the property as the fence is ascetic and fits with the surroundings of the area. The height is actually a benefit as if prevents people from freely jumping the shorter fence and risking injury. In the event someone is burglarizing the complex it is much more difficult to exit the site with stolen items when a 6 foot fence has to be overtopped than a 4 foot fence that can be vaulted. This also prevards tuwds of Campus Crests units t m trespassing(stwrt ants)aaas at"cam nego6ars praparlNs RECEIVED MAY 13 2011 CITY OF AMES, IOWA 5 DEPT. OF PLANNING & ROUSING 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.. _ A feature of this type of student housing is security for its residences. If the fence height is not increased,then it is as if there is no fence at all and the security features of the site are rendered useless. As this is a major marketing element of Campus Crest there will be a loss of potential tenants. (H) 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 is a secured student housing complex with key card access to the site. it is a feature of Campus Crest's developments to have a security feature. Other properties in the area have fences, but the comer layout of this property and the size of the property prevents the building from being used as barrier to access to the site. 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 fence that is used is both secure and decorative. The fence is made to be an attractive element of the site. See the attached brochure. The fence is not intended to obscure the buildings or landscaping. (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. The City code in general allows 6 foot high fences. A 6 foot high fence is in scale with the 4 story buildings used on this site. While a 4 foot fence is sufficient for low level security it is not acceptable for sites that have an increased level of security. 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 property rights and the safety of the property owner and their tenants will be enhanced. Adjoining properties will not be impacted by trespass from tenants of this property. 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"x1 T. 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.) !X{ 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 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 1407 South Grand Avenue 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: Date: .I /Z L (Property Owner) (Note: No other signature may be substituted for the Property Owner's Signature.) 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 1407 South Grand Avenue Ames, Iowa. It is our understanding that_Campus Crest eevelopmert- 4.t- A ' U.0 has filed an appeal with the Zoning Board of Adjustment to allow the construction of a 6 foot high fence along _the front yard and right of way. As adjoining property owners,we would have no objections to the issuance of this building permit for the purposes stated above. NAME ADDRESS DATE Tl e Type used in the Grove,Campus CiCrest,Ames,Iowa project, assiCTM r Traditional spear-pointed pickets ex- tend through the top rail to form the popular ClassicTm design. The picket spear is formed with a 3/8" diameter rounded tip rather than a sharp point. Wdr l oem The look of excellence in a traditional ornamental picket fence is further enhanced by the alternate extension heights that mark the Warrior TM de- This style complements any panorama, giving an elegant look to a property line. GenesisTM The extended pickets of the GenesisTM form a popular and attractive style that terminates with a simple flat-topped plug. The style is named GenesisTM be- cause it acts as a foundation for creation of multiple custom looks by the addition of decorative finials (see Page 8). MdjestiCTM The elegant look of the MajesticTM I design lends to its appeal in a wide variety of applications ranging from neighborhood fences to rental facili- ties,apartments and condominium ac- cess control. Proudly Made in the U.S.A. From Recycled American Steel Page 7 z oE° 8 W ell c M Na O M OO OO y 0�0 00 M � W - M cd 01 CA 04 11 �1 1 w - N � w s �• a �� � W � A ( o o � •�� � � � � Zip A iYi a ILI o