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Application Form Last Updated: December 19, 2011
Variance
Application Form
(This form must be completely filled out before the application will be accepted)
1. Property Address for this Variance Application: 1315 S. Dayton
2. Legal Description (attach if lengthy): Lot 1, East Hickory Park Subdivision
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: reduction in required parking.
4. The Zoning Permit was refused because: the required parking is only shown schematically
and is not intended to be constructed.
5. Property Owner: Theisen's Development Co., L.L.C. attention Chris Theisen
Address: 6201 Chavenelle Road Dubuque Iowa 52002
(Street) (City) (State) (Zip)
Telephone: NA 563-556-4738 563-556-7959
(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 S. 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
RECEIVED—
FEB 1 5 2012
3
CITY OF AMES, IOWA
gepT OF PLANNING &MOU81N0
Application Form Last Updated; December 19,2011
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 far a Variance,and that said information is factual.
Signed by: Date:oZ p j 7--
(Property Owner) Chris Theisen
(Note: No other signature may be substituted for the Property Owner's Signature,)
and: Same as property owner, Date:
(Applicant)
and:
Date:(Contact Person))Person))Scott Renaud, P.E.
4
Application Form Last Updated: December 19, 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.
See attached documentation.
5
Application Form Last Updated: December 19, 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.
See attached documentation.
(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.
See attached documentation
6
Application Form Last Updated: December 19, 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.
See attached documentation.
(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.
See attached documentation.
7
Application Form Last Updated: December 19, 2011
(d) Substantial justice shall be done as a result of granting the variance.
Explain how the request meets this standard.
See attached documentation.
8
THEISEN'S VARIANCE REQUEST TO REDUCE PARKING REQUIRED
February 15,2012
Opening Comments
Theisen's desires to expand their current 51,200 square foot(s.f.)store by an additional 37,500 s.f.
The City of Ames parking standards call for 4.5 spaces per 1,000 square feet. The current store is
required to have 230 spaces and the expansion would require an additional 169 spaces. Theisen's
corporate minimum standard for parking is 2.5 spaces per 1,000 square feet. Using their standard the
existing store would need 128 spaces and the expansion 94 for a total of 222 spaces.
The following are standards applied either by variance or by code for Theisen's other stores:
• Coralville- 101,250 s.f. store. 3 to 1 variance and has 271 stalls.Theisen's asked for a 2.5 to 1
variance and ended up with a 3 to 1 variance for the retail and office and 1 to 1 of warehouse
and auto shop.
• Indianola- 65,000 sf store. 3 to 1 variance overall and has 196 actual spaces.
• Cedar Rapids Southwest-101,750 sf. 4 to 1, currently trying to get it changed to 3 to 1.
• Dubuque- 87,000 sf. PUD district and were granted 3 to 1. Actually have a total of 220 parking
spaces and this is allowed because of warehouse, auto, and office space.This calculates to an
actual 2.53 spaces per thousand for the 87,000 s.f. store. It's in a PUD where the City's view is
that Theisen's is only limiting themselves because of parking. Highest sales volume store in the
company. Sales volume of Ames is anticipated to be 213 of Dubuque's in 2012.
• Marshalltown- 51,200 s.f. store. 3.5 to 1 ratio and 179 actual spaces.
• Vinton- 37,500 s.f. store. 3 to 1 ratio and 120 actual spaces.
• Pella - 35,833 s.f. store. 2 to 1 ratio and 193 actual spaces in a converted Wal-Mart building.
• Grinnell -44,750 s.f. store. 264 actual spaces less yard out front in a converted Wal-Mart
building.
The size of the retail market will dictate the need for parking. Ames market is smaller than the larger
stores referenced and the smaller ratio of 2.5:1 would be sufficient.
Theisen's propose this variance be granted with three conditions:
1. Extra parking to meet the ordinance be shown schematically on the site plan. Detailed
grading, utility, and landscaping plans are not required.
2. The parking will be evaluated annually by the City for the first three years and upon request of
the City of Ames anytime thereafter. Theisen's will provide a monthly estimate of daily
average parking and count the heaviest time period of business once a month. In addition
heaviest retail days of the year will be counted;the day after Thanksgiving and once on the
weekend before Christmas(typically the highest use days). This information will be provided
in the form of a report to the City one month prior to annual review date as established by the
City.
3. In the event the use of the building changes,then the parking shall be constructed within 6
months of the change of building use. The site plan for the additional parking shall be
submitted through the normal processes no more than 2 months after the change in building
use.
Answers to the variance questions:
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 the standard.
The variance is not contrary to the public interest. The public is not served by the construction of excess
parking beyond what is required to conduct business. The existing 51,200 square foot facility has 230
parking spaces of which 50-60 are in use at any one time with perhaps 100 spaces on the busiest day.
The addition of 37,500 square feet would less than double the store size with a minimal increase in
normal parking with less than 170 used on the busiest day of the year(which still leaves 60 parking
spaces of the existing parking in excess of what is needed to conduct business). If Theisen's did not have
enough parking, the adjacent properties and streets may be used for parking which would be
undesirable. It would however be equally undesirable for Theisen's who have a clear economic incentive
to provide convenient and safe parking for their customers, to attract customers, and maintain their
business. However, in the event the parking is needed, then the parking can be constructed at a later
date as a condition of this variance.
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 cost to build 169 more parking spaces is approximately$300,000 in grading,pavement,storm
sewer, and landscaping costs. Given that this parking does not generate any income because it is not
necessary for business this results in a loss of$300,000 or an increase in prices charged to make up for
the loss. The citizens of Ames and the customers of Theisen's will pay for this in increased cost of
product sold at the store.
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 type of business and clientele of Theisen's does not generate the "normal"need for parking. Their
business is unique(farm/ranch retail trade)and is unlike any other business in the Highway Oriented
Commercial district anywhere else in Ames.
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 only persons who will know the Theisen's has inadequate parking according to code will be the
Engineer and City of Ames Planning Department. To all others it will look like any normal business with
adequate parking. The character of surrounding properties will not suffer. In fact, the adjoining
businesses would likely suffer more if the parking lot was larger than required as the excessive amount of
excess parking could make the business look less successful and detract for other businesses to the area.
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 sign ordinance is not applicable to this request. The zoning ordinance requires adequate parking
such that adjacent neighbors and streets are not impacted by parking overflow caused by insufficient
parking. Parking standards are established by the zoning ordinance to determine the number of spaces
required. However, in the case of this business type and model, the number of parking spaces required
by the ordinance is well in excess of the actual need for parking. The spaces have been shown on the site
plan and can be built if the need for parking arises. If business is so good that additional parking is
needed, then Theisen's will want to build the additional spaces. Theisen's propose that the parking
situation be reviewed annually to see if there are any negative impacts caused by the parking reduction.
The Land Use Plan is supportive of this reduction of parking in addressing goals of the Land Use Policy
Plan (LUPP). These include:
• Goal No. 1 -1.A. In diversifying the City's economic base it is likely that additional businesses will
be attracted to Ames that are not conventional and will not neatly fit into the City's current
zoning ordinance(parking in this case)requirements. This increases economic activity in Ames,
adds employment to the City, and increases the City's assessed value and sales tax received.
Applying a cookie cutter ordinance to a unique business is not in the best interest of Ames if it
wants to attract diversified business to Ames. This has frequently occurred in the past with
businesses choosing to locate outside the City limits of Ames in either Story County or Boone
County. For example, Vetter Equipment is building a 61,000 square foot facility in the County
that has different retail use(farm/ranch/equipment)and it has 71 parking spaces. If that use
were in Ames, then 275 spaces would be required. This situation is not unique—businesses most
affected by parking standards relocate to the unincorporated areas of the County. Story County
parking standards specify the maximum number of spaces per hundred as opposed to the
minimum which allows the building to set the number of spaces needed and requires a variance
if the use exceeds the maximum.
• Goal No. 2—The City wants to assure an adequate supply of land for development of all uses.
Tying land up in unused parking is not a wise use of the land resource. Requiring parking that is
not needed de-densifies the commercial zone. The LUPP generally desires intensification of use
of property and land.
• Goal No. 3—Adding storm water runoff and pollution from additional parking is not an
environmentally sound decision. Maintaining the area in grass is preferable over the area to be
converted to excess parking. If sustainability of the environment is the goal, then reduction in
parking(especially if not needed) would be the preferred solution.
• Goal No. 5—Reduction of parking, if the parking is not needed, is cost-effective and efficient.
This goal is more directed to the City's services than to businesses. However, how can the City be
efficient and cost-effective if unneeded and unnecessary parking are forced on businesses?In
essence, the City desires to be cost effective and efficient and the businesses within their limits
are not allowed to be? The City is limiting the tax revenue it could receive as buildings generate
considerably more taxes than does parking. Intensification of land use generally reduces City
expenditures and increases property tax revenues.
• Goal No. 9—utilizing existing parking that is sufficient with an expanded business use is both
compatible and sustainable in respect to the environment.
d. Substantial justice shall be done as a result of granting the variance.
Explain how the request meets this standard.
There is no need for the additional parking and there is no harm caused to the City or any of its residents
if the parking was not built. The public's interest is not served by the construction of additional
purking.
K:\!proj\5000\5244-12A Theisen 2012 Expansion\Variance\2012 02 06 variance text.docx
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Theisen's Building Expansion - Parking Variance
Application Form Last Updated: December 19, 2011
1315 S. Dayton Avenue
Variance Submitted February 15, 2012
Application Packet
1. Application Packet. 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 Checklist to prepare 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)
Be sure to complete and submit all the required materials that are part of this
Application Packet. Failure to do so will result in a delay in accepting your application
until it is complete.
2. Zoning Board of Adjustment Meetings. Within three days after the application is received,
staff will determine if the application is complete and notify the applicant. Once staff has
determined it is complete, staff will contact the applicant to discuss the application, including
possible timelines for Board consideration. The Zoning Board of Adjustment conducts a
public hearing, considers the recommendation of the Planning and Housing staff 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, April through October. The
Board must approve, deny, or modify the Special Use Permit application within 60 days of
the public hearing. For more information about the review process and schedule, please see
the Development Review Information page on the City web site at www.cityofames.org.
3. Submittal and Filing Fee. The complete application and filing fee must be submitted to the
Department of Planning and Housing. All required information and materials must be filed
with the:
Department of Planning and Housing
Room 214, City Hall
515 Clark Avenue
Ames, Iowa 50010 Variance Application Fee is$150
The filing fee is required at the time the application is submitted. The amount of the
filing fee is available from the Department of Planning and Housing.
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.
Application Form Last Updated: December 19, 2011
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 all 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"xl7".
5. 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.
6. 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
E-mail: chollar@city.ames.ia.us
City Clerk's Office: 515-239-5105/515-239-5142 FAX
2
Application Form Last Updated: December 19, 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 W7". 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.)
® 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: December 19, 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 1315 S. Dayton 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.
� 8
Signed by:—z!4 Date: l
(Property Owner) Chris Theisen
(Note: No other signature may be substituted for the Property Owner's Signature)
10
Application Form Last Updated: December 19, 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 1315 S. Dayton Avenue Ames, Iowa.
It is our understanding that Theisen's (1315 S. Dayton Avenue) has filed an
appeal with the Zoning Board of Adjustment to allow a reduction in parking requirements.
As adjoining property owners, we would have no objections to the issuance of this building
permit for the purposes stated above.
NAME ADDRESS DATE
11
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