HomeMy WebLinkAbout~Master - Variance to the side yard setback restrictions to allow construction of a pergola at 2136 Friley Road 4 9
CITY OF AMES, IOWA F1 `
ZONING BOARD OF ADJUSTME JUL 1 2013 2013
C-fY C•LE` 'K,
IN THE MATTER OF THE
APPLICATION OF WILKE FOR A CASE NO. 13-06
VARIANCE TO THE SIDE YARD
SETBACK RESTRICTIONS, §§ 29.402 and GEOCODE NO. 09-09-427-010
29.701(3), AMES MUNICIPAL CODE, TO
ALLOW CONSTRUCTION OF A DECISION & ORDER
PERGOLA ON THE PROPERTY
LOCATED AT 2136 FRILEY ROAD
FACTS
The property at this address is a two story, single family, owner occupied detached home in an
RL (Low Density Residential) zoning district. The property sits on the south side of Friley,
which runs east and west, and is on an interior lot. The homeowners have been the occupants of
this home for a number of years, long enough to have seen shade trees grow to maturity. This
was the situation with a tree on the neighbor's property, which had grown to a size that it
provided considerable shade for its owners and for this property as well. That tree shaded this
home's patio at the rear and east side of home's backyard. It made the patio a very pleasant
outdoor space to congregate and socialize. Unfortunately, that neighbor's tree was so large that
its roots were interfering with the foundation walls of that home and it had to be removed. This
has left the patio area of this home exposed to full sun most of the day, which is intolerably hot
for its users. The homeowners would like to construct a pergola in order to provide shade for the
patio so it is again a usable space for the home. The pergola would be planned to attach to the
home and extend east to cover and shade the patio. As a two story home, the side yard setback
that must be maintained is eight feet, and this home is more than that distance from the east
property line. If a pergola were to be constructed, it would have to also meet that setback. The
roof overhang of the home is allowed to extend to five feet from the property line. Because of
the way the homeowners want to construct the pergola, they would like to place the support posts
of the pergola outside the patio area, which would bring it to three feet from the property line. A
variance would be needed to allow this. The homeowners are able to construct the pergola in a
location that complies with the zoning ordinance by using an alternative location for the posts,
locating them on the interior area of the patio. However, the homeowners would like to place
those support posts exterior to the patio so they do not have to cut the patio surface, which may
damage the patio's structural integrity. The pergola will be in the rear yard of the home, so
although the structure would be visible from the street, it would not likely change the essential
character of the neighborhood. However, the need for a variance is not due to any unique
circumstances that were beyond the homeowners' control.
DECISION
The Board considers the standards applicable to requests for variances from the provisions of the
zoning ordinance. In this situation, the requested variance is not necessarily contrary to the
public interest because while the pergola would be visible from the street, its appearance has not
been determined to be detrimental. However, there are not any unique circumstances to this
situation. It is self-created, and an alternative exists to construct this structure that is code
compliant. Furthermore, it has not been shown that the land could not yield a reasonable return
without the variance. In light of the evidence presented, the Board cannot find that the all of the
standards for granting a variance have been met, so it must be denied.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is Denied a variance to the side yard
setback restrictions, sections 29.402 and 29.701(3) of the Ames Municipal Code, to allow
construction of a pergola with a side yard setback of three (3) feet, all for the property located at
2136 Friley Road.
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 121h day of June, 2013.
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L4ilyy
Gar aylor
Se Board Chair