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Application Form Last Updated: January 23, 2013
ClEff, Of PLAN' Cepp dai for Minor Area Modification
Application Form
(This form must be completely filled out before the application will be accepted)
I. Property Address for this Exception for Minor Area Modification:
2302 Sundown, Ames, Iowa
2. Legal Description (attach if lengthy):
Lot 28, Suncrest Subdivision, Phase II, Ames, Iowa
3. I (We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of
Adjustment to grant an "Exception for Minor Area Modification"to the Zoning Ordinance to
allow the issuance of a Zoning Permit to permit. Reduction of required front and rear yard
setback for dwelling on Northern Boundary
4. The Zoning Permit was refused because: N/A
Existing on conformity discovered
5. Property Owner. William, D. Berg
Business: N/A
Address: 2302 Sundown Drive, Ames TA 90010
(Street) (City) (State) (Zip)
Telephone: 515-441-3672
(Home) (Business) (Fax)
6. Applicant. William D. Berg
Business: N/A
Address: 2302 Sundown Drive Ames IA 50010
(Street) (City) (State) (Zip)
Telephone: 515-441-3672
(Home) (Business) (Fax)
7. Contact Person: Victoria A. Feilmeyer
Business: Nyemaster Goode, P.C.,
Address: 1416 Buckeye Avenue Ames TA 90010
(Street) (City) (State) (Zip)
Telephone: 515-956-3900 51 5-956-3990
(Home) (Business) (Fax)
E-mail address: vaf@nyemaster.com
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Application Form Last Updated: January 23, 2013
This appeal will not be granted unless sufficient facts are presented in this application to justify
the minor area modification in light of the standards and to show that the granting of the
Exception to the Minor Area Modification relates to the intent and purposes of the Zoning
Ordinance and the Land Use Policy Plan.
Approval of the Exception for Minor Area Modification 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 Minor Area Exception, and that said information is factual.
Signed by: �� Date: -2G
Property Owner(s)
William D. Berg
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
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Application Form Last Updated: January 23, 2013
Exception for Minor Area Modification
Supporting Information
(This form must be filled out completely before your application will be accepted)
The Zoning Board of Adjustment is authorized to grant exceptions from the requirements
of the zoning ordinance to allow minor area modifications for single family attached and
detached dwellings that are existing in developed areas, but not in cases of new
construction. These are authorized for the following situations:
(i) reduction of required residential side yard setbacks for principal structures
by no more than two feet;
(H) reduction of required residential front and rear yard setbacks for principal
structures by no more than five feet;
(iii) reduction of minimum lot area requirements by no more than 10%;
(iv) reduction of required residential front, rear and side yard setbacks without
limit as required to provide handicapped access ramps to a dwelling;
(v) reduction of front, rear, and side yard setbacks without limit to allow
reconstruction of a historically accurate structure.
(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. Exception for Minor Area Modification Standards. The Zoning Board of Adjustment shall
review each application for the purpose of determining that the review standards are
satisfied. An Exception for Minor Area Modification shall be granted only if all of the
following standards are satisfied:
(1) Special circumstances or practical difficulties apply to the property such that the
terms of the ordinance cannot be satisfied.
Explain how the request meets this standard.
House was Wilt in 2002 by professional home builder current owner is
only owner of home since 2002. Iu connection with proposed sale of
home,encroachment within setback area on Northern Boundary discovered.
Home was built between 2.04' (on the Northwest Corner) and 1.60' (on
the Northeast corner) into setback. House was improperly staked when
Wilt-- City of Ames did issue occupancy permit in 2002.
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Application Form Last Updated: January 23, 2013
(ii) The minor area modification will not be detrimental to the public health, safety or
general welfare.
Explain how the request meets this standard.
Existing home since 2002. No known complaints from neighbors or City
of Ames regarding encroachment for over 11 years since home was built.
(iii)The minor area modification will not have a substantial negative impact upon
neighboring properties.
Explain how the request meets this standard.
Same as above
(iv)The minor area modification does not exceed the reduction limits established in
the listing of minor area modification in Section 29.1506(4)(c)(i),(ii), or (iii) whether
the limits are reached by a single exception or serial exceptions.
Explain how the request meets this standard.
Request complies with permissible reduction limits contained in code
section 29, 1506 (4) (c) (ii). Single exception required for Northern
Boundary. There is also an encroachment on Western Boundary. 'There is
currently a pending plat of survey request filed with the City of Ames.
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Application Form Last Updated: January 23, 2013
(v) The minor area modification does not authorize a use or activity not otherwise
expressly authorized by the regulations within the zoning district in which the
property is located.
Explain how the request meets this standard.
Not applicable. Residential dwelling is a permissible use.
(vi)The minor area modification is in conformity with the intent and purpose of the
zoning ordinance and the general plan of the community.
Explain how the request meets this standard.
Existinp- home since 2002. No known complaints from neighbors or City
of Ames regarding encroachment.
(vii)The minor area modification is the minimum necessary to achieve the desired
result.
Explain how the request meets this standard.
Request is to approve an existing non conformity.
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Application Form Last Updated: January 23, 2013
(viii)The minor area modification does not alter the applicant's obligation to comply
with other applicable laws or regulations.
Explain how the request meets this standard.
Not applicable. Request is designed to approve an existing non conformity.
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R. BRADLEY STUMBO P.O. BOX 1664 AMES. IOWA 50010 515-233-3689
PROPERTY SKETCH
EXISTING CONDITIONS
SUNOOMN DRIVE (60'
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2.04' 2:5.43'
29' FRONT-SETBACK
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§'_SIDE SETBACK_ _ _ _ _
LOT 3 LOT 8
SUNCRHIR ADDIT ON ON. SUNCREST SU%31,41620N.
THIRD ADDITION
Property Description:
Lot 28. Suncresp Subdivision. Phase 2. City of Ames. Iowa
GRAPHIC SCALE V-20'
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Job f16598SK
Date: 7/17/13 0 20 40 60
Application Form Last Updated:January 23,2013
Exception for Minor Area Modification
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 minor area
modification being sought. The Site Plan shall be a reproducible, black line drawing on a
sheet of paper no larger than 11"W'% If the project for which the minor area
modification 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 an "Exception for Minor Area Modification,"not the
Site Plan described on this checklist.)
Dimensioned property lines
rJ Abutting streets and alleys
rJ 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
al Driveways and parking areas, fully-dimensioned
lJ Other pertinent information necessary to fully understand the need for a minor area
modification (e.g.: significant change in topography, location and size of mature trees, etc.)
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Application Form Last Updated: January 23, 2013
Exception for Minor Area Modification
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 2302 Sundown Drive 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 Owner
William D. Berg
Print Name
(Note: No other.signature may be substituted for the Property Owner's Signature.)
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Application Form Last Updated:January 23,2013
Adjoining Property Owner Statement
(Completion of this form by the applicant is optional)
To Whom It May Concem:
We,the undersigned, own property adjoining 2302 Sundown Drive Ames, Iowa.
It Is our understanding that William D. Berg has filed an
appeal with the Zoning Board of Adjustment to allow a minor exception to the
minimum setback requirements zoverning the North Boundary-of'-the dwelling
As adjoining property owners, we would have no objections to the issuance of this building
permit for the purposes stated above.
NAME ADDRESS DATE
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