HomeMy WebLinkAbout~Master - Variance - 1407 South Grand Avenue - Campus Crest DevelopmentIN THE MATTER OF THE APPLICATION:
OF CAMPUS CREST DEVELOPMENT : CASE NO. 11-12
FOR A VARIANCE TO THE FENCE : GEOCODE NO. 09-10-477-010
HEIGHT LIMITS, SECTION 29.408(2),
AMES MUNICIPAL CODE, TO ALLOW
A SIX FOOT FENCE IN THE FRONT DECISION & ORDE111'
YARD ON THE PROPERTY LOCATED J
FACTS
This site is a 13+ acre tract on the north side of South Sixteenth Street next to the Coldwater Golf
Links. The area is zoned RH (High Density Residential) and it is also in AE (Floodway Fringe
Overlay) district due to its proximity to Squaw Creek. The site is being developed by Campus Crest
Development, which is a company that has built a number of large gated apartment complexes in
university communities across the country marketed at the student tenant. The site plan shows that
there will be 10 separate buildings on the site in which there will be housing and recreation facilities
for 587 students. The site has been designed so that the parking is largely on the interior of the
complex, with the buildings on the perimeter. The largest buildings in the complex will be located
to the northern part of the site, abutting the golf course and a cluster of smaller buildings will be on
the southeast comer of the site, The entire property will be fenced with a steel picket wrought iron
fence. This company markets the safety of its facilities and usually uses a fence height of six feet for
this reason. In this zone, however, six foot high fencing is not allowed in front yard and a significant
part of this fence is proposed to be in the front yard, where it would only be permitted at four feet
tall. Therefore, the developer is seeking a variance to allow the six foot high fence to be in the front
yard consistent with the height they want around the balance of the site. The developer explained that
the proposed fence will be an attractive style which is open to allow a good view of the complex
from outside while providing a significant barrier to trespassers. This plan was reviewed by the
City's Development Review Committee and a representative of the Police Department participated
in that process. The Police were in favor of a fence to control access, as long as it allowed a good
view to the interior of the site. The Police also like good lighting and having the parking area visible,
as security features. The developer believes that a four foot fence will not deter illegal entry as it is
too easily scaled. The shorter fence may also impact their ability to market the safety of this complex
to some extent. The staff points out that the use of a four foot fence or no fence at all is the norm in
other parts of the city, and has not apparently made other properties unmarketable.
DECISION
The Board considers the standards applicable to requests for variances from the provisions of the
zoning ordinance. In this situation, there are no unique circumstances which. result in an unnecessary
hardship. The land can still yield a reasonable return without the variance being granted. Though a
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taller fence will not significantly alter the essential character of the area, allowing it will not be in
keeping with the spirit of the ordinance since it is clear that compliance with the ordinance is
possible. Having failed to meet the unnecessary hardship standard, the Board cannot grant this
variance.
WHEREFORE, IT IS ORDERED that the applicant is denied a variance to the fence height
restrictions in a front yard, Section 29.408(2), Ames Municipal Code, to allow a six foot fence in
the front yard of the property located at 1407 South Grand 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 8th day of June, 2011.
"tinily Burton,,"'
Secretdry-t6 the Board
Bruce Calhoun
Chair
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