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HomeMy WebLinkAboutA002 - Variance Application Application Form Last Updated: January 21, 2011 Variance Application Form (This form must be completely filled out before the application will be accepted) 1. Property Address for this Variance Application: 2957 Monroe Dr. 2. Legal Description (attach if lengthy): Parkview Heights Subdivision, 10th addition, Lot 10 3. 1 (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: New construction within side lot setback, 5" from property line. 4. The Zoning Permit was refused because: Construction within side lot setback. 5. Property Owner: Clint and Janet Petersen Address: 2957 Monroe Dr. Ames, Iowa 50010 (Street) (City) (State) (Zip) Telephone: 515-239-5108 (Home) (Business) (Fax) 6. Applicant: Clint Petersen Address: -Same as above- (Street) (City) (State) (Zip) Telephone: (Home) (Business) (Fax) 7. Contact Person: Jennifer Evans - Benjamin Design Collaborative Address: 401 Clark, Suite 200 Ames Iowa 50010 (Street) (City) (State) (Zip) Telephone: 515-232-0888 515-232-0882 (Home) (Business) (Fax) E-mail address: jenny@benjamin-design.com NOV 2 1 2011 3 CITY OF AMES, 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 I(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: Date: ( erty Owner) (Note: No other signature may be substituted for the Property Owner's Signature.) and: Date: (Applicant) and: Date: (Contact Person) 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. We are asking for a variance to allow a new addition to be built up to the —north property line. This property line happens to abut a 25' park - -easement. This park easement has been used for occasional equipment— access (mowers) to area of park behind property in question. The new _ addition would have no effect on the use of the easement. There would —still be a minimum of 25' between the new addition and the adjacent - -neighbor to the the north, more space than what is existing between the — existing home and the neighbor to the south. The lot is situated on a —cul-de-sac, their home is situated on a pie shaped lot. The variance will - -facilitate indoor parking rather than parking on the cul-de-sac which is — difficult during snow removal where snow is piled along the cul-de-sac. RECEIVED NOV 2 1 2011 5 CITY OF AMES, IOWA DEPT. OF PLANNING & HOUSING 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: (i) 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. The purpose of the addition is to allow additional garage — storage and work space (hobby), ultimately increasing the value of the home. The exact location of the addition was selected as- -not to block the main living space of the home, as well as the - -entire backyard of the south neighbor, from the landscape of _ the park behind the property. The variance allows for an - -addition that does not detract from the neighbors view and —appreciation of the park. (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 property is on a cul-de-sac, it's shape is irregular, narrow in the front and wider in the back. The house sits parallel to the south lot line, but is "skewed" to the north lot line. The lot size is unique due to it's location on the cul-de-sac and the adjacent 25' park easement. Lots in the vicinity to the site that do not have the 25' park easement are often larger than the applicants lot and the adjacent north lot, which was previously granted a similar variance. 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 proposed use is a garage addition /wood shop. From the —front elevation, the addition reads as a third garage stall, —common in surrounding homes. Special attention was paid to —the roof lines and overall shape of the addition as to blend with the existing home and neighborhood. (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 home will remain a single family residence. There is an unusual situation in that the property abutting the applicants north side (where the proposed addition will be located) has a 25' wide open space for park access. The existence of this feature will allow for openness between structures, that which setbacks are meant to preserve. 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 Variance will allow an addition to the original house, that is normally available with homes on rectangular lots. A safe distance between the applicants home and neighboring home will be maintained and is in keeping with the neighborhood. This Variance request is similar to the variance previously granted to the north, adjacent property. 8 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 2957 Monroe Dr. 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: (Property caner) (Note: No other signature may be substituted for the Property Owner's Signature) 10 y 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 Z l✓ G 1-i?e- Ames, Iowa. It is our understanding that has filed an appeal with the Zoning Board of Adjustment to allow 3/ -LOlj As adjoining property owners,we would have no objections to the issuance of this building permit for the purposes stated above. q ADDRESS DATE — 2--011 1, th lr a Ai c�a���o eenaa ��4�{ aal2�� 'rt 11 1 Z6 f Ii I' x 1�le D �lstti Z94 me-r7rot t�,,, i! 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