HomeMy WebLinkAbout~Master - Variance - 2957 Monroe Drive - Clint PetersenCITY OF AMES, IOWA
ZONING BOARD OF ADJUSTMENT
IN THE MATTER OF THE
APPLICATION OF PETERSEN FOR A
VARIANCE TO THE SIDEYARD
SETBACK RESTRICTIONS, SECTION
29.701(3), AMES MUNICIPAL CODE,
TO CONSTRUCT AN ADDITION
WITH A SIX INCH SETBACK
ON THE PROPERTY LOCATED AT
2957 MONROE DRIVE
CASE NO. 11-22
L [E
F E 8 2 7 2012
CITY CLERK
CITY OF AMES, IOWA
GEOCODE NO. 05-27-357-010
FACTS
The property at this address is a single family detached home with an attached two car garage.
The zoning district in which it is located is designated RL (Low Density Residential). The
homeowner would like to construct a 617 square foot addition to the 2300 square foot home, but
because of the functions of the new space, it is planned for this addition to be located on the
northwest comer of the home. The home sits eight feet from the side lot line, which is the
minimum required for a two story home, and the addition they would like to build will encroach
7 V2 feet into that setback. The homeowner is asking for a variance to allow it. This property and
the neighborhood where it lies have some unique features that were incorporated when the area
was platted that impact this request. There are 98 residential lots in this area that surround and
abut a large internal green space that was dedicated as park land when the subdivision was laid
out. Since this park is completely landlocked by the privately owned backyards of all these
abutting properties, the developers also created open walkways that lie between the side lot lines
of the adjoining properties at fourteen spots. These allow the general public to gain access from
the sidewalk along the street into the park. While some of these walkways are paved, many are
just grass covered open spaces. One of these open grass walkways lies to the north side of the
applicant's property, abutting the location of the proposed addition. The dedicated open space
between this home and the one on the north is twenty five feet wide, and with the setbacks of 6
to 8 feet which each home is required to maintain, there should be roughly forty feet of open
lawn between the structures. Of the 98 properties abutting the park accesses, only two have been
granted variances to encroach in that open space. At this location, the property on the north side
of this open space in 1999 requested and received a variance to allow construction of a third
garage stall which encroaches into the side yard setback seven feet. The one other property
abutting an open space that has been granted a side -yard setback reduction through a variance
was allowed to reduce the setback to 5 V2 feet from 8 feet. If this variance is granted, the open
space here will be reduced so that there will only be about twenty seven feet of width. The
access spaces to this park elsewhere range from 36 to 60 feet. While this is still more open space
between structures than would generally be required in other residential districts where twelve to
sixteen feet of space would need to be maintained, the combined reduction in this location would
be greater than any of the other homes abutting park accesses. The homeowner supports the
request by citing that many of the homes in the area have three car garages and this one can't
compare favorably to them without this. The addition has been designed to blend well with the
existing homes and to preserve their lines of sight to enjoy the view of the park behind them. The
additional garage stall would help keep parked vehicles off the street, which is a concern in this
area of limited on street parking. This addition would also create more at grade space in this
home, allowing the owner a better ability to continue to live there as aging limits mobility.
DECISION
The Board considers the evidence presented in light of the standards applicable to variances
under the provisions of the zoning ordinance. The homeowner in this case has explained the
proposed use and the reasons a variance is sought, and these generally would not be harmful to
the public interest. Also, the use authorized by the variance would not alter the essential
character of the locale, as it will remain a residential use. There are some unique circumstances
existing in this neighborhood that are not generally present in RL zoning districts elsewhere in
the city, but these do not establish that the property cannot yield a reasonable return if used only
as allowed since there is not any showing that the value of this property is diminished in the least
if no variance is allowed. Further, the unique circumstances here do not show that a variance is
necessary to prevent a hardship, but rather tend to show that granting it would confer a
substantial additional benefit. In light of these findings, the Board determines that the standards
for granting a variance have not been met and it should be denied.
WHEREFORE, IT IS ORDERED that the applicant is Denied a Variance to the Side -yard
Setback Requirements for the RL (Low Density Residential) zoning district, Section 29.701(3),
Ames Municipal Code, to allow construction of an addition for a garage and living space with a
setback of 6 inches on the property located at 2957 Monroe Drive.
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 71h day of December, 2011.
r
m' y Burton B e al oun
Sec etary tot e Board Chair