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HomeMy WebLinkAboutA1 RECEIVED Application Form Last Updated: September 12, 2012 FEB 12 2013 /3 GITY OF AM, IOWA Variance SOW, Of PLANNING & HOUSING Application Form (This form must be completely filled out before the application will be accepted) 1. Property Address for this Variance Application: 2714 and 2806 George W.Carver 2. Legal Description (attach if lengthy): Lots 1&2,Somerset 1st Addition,Ames,Story County, Iowa 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: A block length greater than 660 feet. The Owner requests a block length of 950 feet. 4. The Zoning Permit was refused because: The block length is in excess of 660 feet. 5. Property Owner: Kurt Friedrich Business: Heartland Development, L.C. Address: 619 E. Lincoln Way Ames Iowa 50010 (Street) (City) (State) (zip) Telephone: NA 515-956-1546 515-232-4253 (Home) (Business) (Fax) 6. Applicant: Same as property owner. Business: Address: (Street) (City) (State) (zip) Telephone: (Home) (Business) (Fax) 7. Contact Person: Scott Renaud, P.E. Business: 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 3 Application Form Last Updated: September 12,2012 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 Buiiding/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: Prol4irty Owner(s) Kurt Friedrich (Note: No other signature may be substituted for the Property Owner's Signature.) 4 Application Form Last Updated: September 12, 2012 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. There is no injury or endangerment to property or persons nor does the block length devalue the adjacent property. The greater block length will actually likely increase the value of adjacent property by protecting adjacent properties from a development that is poorly designed if a block length of 660 feet is required. There is adequate fire protection from the street system as designed. Pedestrian access is shorter than the block length of 660 feet by providing a mid-block cut through for pedestrians. The near 90 degree bend of the street makes the block length look 450-475 feet instead of the measured 950 feet. 5 Application Form Last Updated: September 12, 2012 (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 requirements of the Village Subdivision ordinance are very complex and have many requirements than are in conflict with the design of this subdivision. It is not physically possible to develop this parcel with a shorter block length without creating undue costs of development of the parcel. If this variance is not granted,then the entire parcel's value will diminish and/or cause diminished value to the adjacent properties. The City would need to waive its requirement to allow an access on to George W.Carver Avenue. This would increase project costs for the connection, decrease the number of lots developed by one and would add another intersection to George W.Carver Avenue and reduce the safety of the street (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. This parcel was originally created for the construction of an elementary school for the Ames Community School District. The parcel has an unusual shape that would not have been an issue for a single building(as for a school). However,the shape does present issues for the development of a subdivision. This is an irregular,5 sided parcel. On the northwest are single family(Country House)lots where access is not available. On the north/northeast is Cambridge Drive where only one access can be obtained. To the east is a commercial subdivision with limited points for access. To the south is Northridge Parkway which is minor arterial street which the number of accesses is limited due to traffic issues. To the west is George W.Carver Avenue where an access is not allowed by the City. In addition there is 24 feet of elevation difference on the lot which limits the ability to make road connections that meet street design guidelines Application Form Last Updated: September 12, 2012 (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 block length does not create any automobile traffic issues as this is an isolated local street and is not used by the remainder of the subdivision. The geometrics of the street are such that the street length appears to be half of the designed length (approx.450-475') due to the near 90 degree bend in the street. Pedestrian accessibility has been enhanced a cut-through at the mid-block at the bend of the street. The Village design standards have many other requirements that will insure the area looks like and fits in with the neighborhood. The block length has no bearing on the look of the subdivision. (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 signing ordinance is not an issue. It is consistent with the Village Ordinance and LUPP. The ordinances promote street connectivity which this block length does supply. In all ordinances there are conflicting provisions that need to be addressed. Many alternatives were looked at to resolve this block length and did NOT accomplish the objectives of being compatible with adjacent neighbors, meeting the overall density of the Village Zone,or buildable due to the topography and site limitations. 7 Application Form Last Updated: September 12, 2012 (d) Substantial justice shall be done as a result of granting the variance. Explain how the request meets this standard. This is an infill project efficiently using a parcel originally intended for a school. The design is compatible with the adjacent neighbors and utilizes the odd shaped parcel to a great degree. It provides a range of housing types while still be sensitive to the adjacent neighborhoods. It respects the zoning ordinance in all other aspects. 8 Application Form Last Updated: September 12, 2012 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"x17". 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.) 0 Dimensioned property lines 0 Abutting streets and alleys 0 Location and size of all existing and proposed buildings and structures (include distances to all property lines and distances between buildings and structures.) 0 Required setbacks 0 Driveways and parking areas, fully-dimensioned 0 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: September 12,2012 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 2714/2806 George W.Carver 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: roperty Owner Kurt Friedrich Print Name (Note: No other signature may be substituted for the Property Owner's Signature) 10 Application Form Last Updated: September 12, 2012 Adjoining Property Owner Statement (Completion of this fonn by the applicant is optional) To Whom It May Concern: We, the undersigned, own property adjoining 2714/2806 George W.Carver Ames, Iowa. It is our understanding that Heartland Development, L.C. has filed an appeal with the Zoning Board of Adjustment to allow an increase in the block length from 660 feet to 950 feet. As adjoining property owners, we would have no objections to the issuance of this building permit for the purposes stated above. 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