HomeMy WebLinkAbout~Master - Exception for Minor Area Modification at 2302 Sundown DriveI Instrument:2013- 000118U
M Date:Oct 0312013 02:2018P
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Filed for record in Store Counter Iowa
Susan L. Vande Kaman Counts Recorder
DO NOTWRJ'I'E IN'FHE SPACE ABOVE THIS LENE, RESERVED FOR RECORDER
Prepared by: Mark 0. Lambert, City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010; 515-239-5146
Return document to: William D. Berg, 2302 Sundown Drive, Ames, IA 50010
City of Ames, Iowa
Zoning Board of Adjustment
Case No. 13-09
Decision. & Order
Granting an Exception for Minor Area Modification
Property Owner: William D. Berg
Address of Property: 2302 Sundown Drive
Ames, 1A 50010
Legal Description: Lot 28, Suncrest Subdivision, Phase 11, Ames, Story County, Iowa
IN THE MATTER OF THE
APPLICATION OF WILLIAM D. BERG CASE NO. 13-09
FOR AN EXCEPTION FOR MINOR
AREA MODIFICATION, § 29.1506(4)(c), GEOCODE NO. 09-16-477-070
AMES MUNICIPAL CODE, REGARDING
THE PROPERTY LOCATED AT DECISION & ORDER
2302 SUNDOWN DRIVE
FACTS
The property at 2302 Sundown Drive is a one-story single family home, with attached garage,
built in 2002. The property is a comer lot, rectangular shaped, approximately 90 feet wide by
134 feet deep. The house was constructed with a setback of approximately 22.96 feet from the
front property line abutting Sundown Drive, which violated the required 25 foot minimum
setback at the time of construction. The current minimum required front setback is 25 feet in a
Residential low Density ("RL") zone, as described in Table 29.701(3) of the Ames Municipal
Code. The attached garage on the house encroaches 2.04 feet into the 25 -foot minimum front
setback. The encroachment was discovered in connection with a proposed sale of the house.
The property owner, William D. Berg, seeks an Exception for Minor Area Modification to allow
retention of the existing encroachment.
DECISION
The Board considers the standards applicable to Exceptions for Minor Area Modification.
1) The Board finds that special circumstances or practical difficulties apply to the property such
that the terms of the ordinance cannot be satisfied. The home was built in 2002 with the garage
encroaching on the minimum setback, and it is not practical to move the attached garage. 2) The
Board finds that the minor area modification will not be detrimental to the public health, safety,
or general welfare. There will be no new impacts on public health, safety, or general welfare that
would result from the granting of this exception. 3) The Board finds that the minor area
modification will not have a substantial negative impact upon neighboring properties. Granting
of the exception would not change the low density residential use of the property, and city staff
has not received any complaints about the location of the house. 4) The Board finds that the
minor area modification does not exceed the reduction limits established in the listing of minor
area modifications in section 29.1506(4)(c)(i-iii) of the Ames Municipal Code, whether the limits
are reached by a single exception or serial exceptions. Section 29.1506(4)(c)(ii) allows for a
reduction of a required minimum front yard setback by no more than 5 feet., and Mr. Berg's
requested reduction of 2.04 feet is less than the 5 foot exception allowed for the required 25 foot
front setback. 5) The Board finds that the minor area modification does not authorize or use
activity not otherwise expressly authorized by the regulations within the zoning district in which
the property is located. The current and proposed use of the property is single family residential,
which is an allowed use in the "RL" zoning district. 6) The Board finds that the minor area
modification is in conformity with the intent and purpose of the zoning ordinance and the general
plan of the community. Maintaining the existing 2.04 foot encroachment into the required
minimum front setback does not change the existing single-family residential use of the property,
does not significantly impact the intent and purpose of the zoning ordinance, and has no effect on
the general plan of the community. 7) The Board finds that the minor area modification is the
minimum necessary to achieve the final result. No increase in the encroachment is proposed,
just maintaining the existing encroachment. 8) The Board finds that the minor area modification
does not alter the applicant's obligation to comply with other applicable laws or regulations. The
requested modification maintains the existing footprint of the existing house and does not
enlarge or intensify the use of the structure, and all other obligations to comply with applicable
laws and regulations are not affected by this modification.
WHEREFORE, IT IS ORDERED that the applicant is GRANTED an Exception for Minor
Area Modification, section 29.1506(4)(c) of the Ames Municipal Code, to reduce the front
minimum setback from 25 feet to 22.96 feet for the property located at 2302 Sundown Drive,
Ames, Iowa.
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 25tb day of September, 2013.
Emily Burto
ecretar the Board
crb�A
Elizabeth Erbes,
Acting Chair