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Application Form Last Updated: March 25, 2013
OCT 27ING
013
CIZY OF A IOWAVariance
pEp Ol± PLAN &HOUSING Application Form
is orm must be completely filled out before the application will be accepted)
1. Property Address for this Variance Application: 1179 McCormick Avenue, Ames, IA 50010
2. Legal Description (attach if lengthy): See Attachment No. 1
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 variance in the 12 foot set-back requirement,
4. The Zoning Permit was refused because: of the set-back requirement.
See Attachment No. 2
5. Property Owner: James A. Adams
Business: Warehousing
Address: 1930 E. 13th Street Ames IA 50010
(Street) (City) (State) (Zip)
Telephone: (515)232-5048
(Home) (Business) (Fax)
6. Applicant: James A. Adams
Business: Warehousing
Address: 1930 E. 13th Street Ames IA 50010
(Street) (City) (State) (Zip)
Telephone: (515) 232-5048
(Home) (Business) (Fax)
7. Contact Person: Robert W. Goodwin
Business: Goodwin Law Office, P.C.
Address: 311 W. Lincoln Way, Ste. 1, Ames IA 50010
(Street) (City) (State) (Zip)
Telephone: (515) 232-7390 (515) 232-7396
(Home) (Business) (Fax)
E-mail address: goodwinlawof f ice@fbx.com
3
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Application Form Last Updated: March 25, 2013
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 for a Variance,and that said information is factual
Signed by: Date: in 124 f!13
P erty Owner(s)
James A. Adams
(Note: No other signature may be substituted for the Property Owner's Signature.)
4
VARIANCE APPLICATION FORM
Attachment No. 1
Applicant: James A. Adams
Property Address: 1179 McCormick Avenue, Ames, IA 50010
2. Legal Description
Parcel "B" in the East 8 rods of the North 40 rods of the West Half of the Northeast
Fractional Quarter of Section 1,Township 83 North,Range 24 West of the 5th P.M. and part of Lot
4 in Harrison's Subdivision, all in the City of Ames, Story County, Iowa, as shown on the"Plat of
Survey"filed in the Office of the Recorder of Story County,Iowa on the 13'day of December, 1995,
and recorded in Book 13 at Page 166, Warranty Deed dated May 28, 1993, recorded as Instrument
No. 14320, Book 518, Page 82, on June 4, 1993.
VARIANCE APPLICATION FORM
Attachment No. 2
Applicant: James A. Adams
Property Address: 1179 McCormick Avenue, Ames, IA 50010
4. The Zoning Permit was refused because ...
The Applicant, James A. Adams, owns the property at 1179 McCormick Avenue, Ames,
Iowa 50010. The property is zoned GI (General Industrial). Attached is an aerial photograph,
marked Exhibit 1,which shows the Adams property outlined in blue. Mr.Adams originally owned
the property with the three (3) buildings to the north which are now owned by Thomas C. Zylstra
d/b/a/Zylstra Cycle Company at 1930 East 131h Street Ames, Iowa 50010. Attached is an aerial
photograph, marked Exhibit 2, which shows the Zylstra property outlined in yellow.
When Mr.Adams owned the entire property,he constructed the buildings that presently exist
on the Adams and Zylstra properties. Attached are Exhibits 3, 4, 5, and 6 that all came from the
Ames City Assessor's website. Exhibit 3 is from the Assessor's Property Record Card that shows
the five (5)buildings on the Adams property. The building north of the red line on Exhibit 1 with
the dark roof is a separate building. The other buildings four(4) on the Adams property, south of
the red line on Exhibit 1, all have common walls.
Exhibit 4 from the Assessor's website also shows the four(4)buildings with common walls
on the south of the Adams property;Exhibit 5 shows the separate one(1)building with 1,906 square
feet on the north of the Adams property; and Exhibit 6 shows the three (3)buildings on the Zylstra
property that have common walls.
Also attached and marked Exhibit 7 is a draft Plat of Survey showing the properties after the
proposed sale of the area north of the red line on Exhibit 1.
The separate building with 1,906 square feet has a 3.5 feet distance from the Adams buildings
to the south, and a 3.5 feet distance from the Zylstra buildings to the north. The current set-back
requirement is 12 feet. When Mr. Adams constructed the buildings, they were built under one
ownership and they were in accordance with the Municipal Code at that time. Mr. Adams later
constructed buildings on the east side of his property that conform to the current set-back
requirements.
Mr. Zylstra wants to purchase the 1,906 square feet separate building for future expansion.
The 1,906 square feet separate building is structurally sound and presently is rented for an upholstery
business.
Mr. Zylstra also needs to replace the 2,080 square feet building on the south end of his
property because it has poles with wooden bases that are rotting. Mr.Zylstra intends to have the new
building extend approximately 50 feet further east than the existing building to the point where a
fence presently exists.
A variance is needed to allow Mr.Zylstra to purchase the 1,906 square feet separate building
since the distance between that separate building and Mr. Adams' buildings to its south is 3.5 feet
and the current set-back requirement is 12 feet. Even if Mr.Zylstra weren't buying the 1,906 square
feet building, he would still need a variance to replace his southern most building with its rotting
wooden foundations.
VARIANCE APPLICATION FORM
Attachment No. 2 (Continued)
4. (Continued)
This set-back issue between the separate 1,906 square foot building and Mr.Adams'building
to the south is essentially the same set-back issue that existed in 1996 when Mr. Zylstra purchased
the three (3)buildings that are 3.5 feet north of that same building. The January 4, 1996 Decision
and Order of the City of Ames, Iowa Zoning Board of Adjustment approved a variance for Mr.
Zylstra to purchase the buildings 3.5 feet north of the 1,906 square foot separate building. Now,Mr.
Adams seeks a variance for the 3.5 feet distance on the south side of that 1,906 square foot separate
building. This separate building has fire walls to address this 3.5 feet distance from the buildings
on its north and south sides.
If Mr. Zylstra purchases the Adams property north of the red line as shown on Exhibit 1,
there are no material physical changes. The replacement building on the Zylstra property will occupy
the same location as the current 2,080 square feet building and extend out to where a fence presently
exists. All other buildings on both properties will remain the same in their existing locations. There
will be no perceptible change in the Adams and Zylstra properties.
The 1,906 square foot building could be razed and the red line on Exhibit 1 moved north far
enough to have a 12-foot set-back from the Adam's building. But, that is not economically
practicable, i.e., to destroy a building to create an open area where none has existed before.
With essentially the same situation in its January 4, 1996 Decision and Order, the City of
Ames, Iowa Zoning Board of Adjustment stated: "The Applicant has explored other legal
alternatives to a variance,which include...razing the back building,but these are so impractical that
it would be an economic debacle ... The appearance of the structures would not change in the least
if this variance is granted."
To raze the 1,906 square foot building would result in an unnecessary hardship. It would take
all beneficial use of that building.
The Decision and Order also stated: "In this case,the Board finds that although this variance
is of substantial dimension,its denial would create an unnecessary hardship. The economic hardship
which would occur would effectively take all beneficial use of this property from its owner and there
appears to be no practical alternatives to a variance."
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Application Form Last Updated: March 25, 2013
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 Attachment for Page 5
5
VARIANCE APPLICATION FORM
Supporting Information
Page 5
Attachment
Applicant: James A. Adams
Property Address: 1179 McCormick Avenue, Ames, IA 50010
1. Variance Standards
(a) The granting of the variance shall not be contrary to the public interest.
Attached and marked Exhibit 7 is a copy of the Assessor's Building Photo and Sketch
Showing Exterior Dimensions that was provided to the zoning Board of Adjustment in regard to its
1996 Decision and Order. If this variance is granted,the 2,080 square foot building,highlighted in
yellow, on the Zylstra property will be replaced; the lot with the 1,906 square feet building will be
owned by Mr. Zylstra; and the property line will be moved south to the red line from the black line.
The buildings on the Adams and Zylstra properties will remain the same, except the
highlighted 2,080 square foot building which will be replaced with a new building extending to the
point where a fence presently exists. The new building will not devalue nearby property, but to the
contrary should help maintain or improve the value of nearby properties,as well as increase the tax
basis.
The variance will not result in injury or endangerment to other persons or property. The use
of the Adams and Zylstra properties will not be altered,and from all appearances,the properties will
remain the same, except the replacement building will look newer.
Application Form Last Updated: March 25, 2013
(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 Attachment for Page 6
(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 Attachment for Page 6
6
VARIANCE APPLICATION FORM
Supporting Information
Page 6
Attachment
Applicant: James A. Adams
Property Address: 1179 McCormick Avenue, Ames, IA 50010
1.(b)(i) The land in question cannot yield a reasonable return if used only for a purpose
allowed in the zone.
If the requested variance is not allowed, an option is to raze the existing 1,906 square feet
building to create an open space of approximately 67.5 feet from north to south where none existed
before. The 1,906 square feet building is structurally sound, has a tenant, and it produces a rental
income of$8,400.00 per year. To raze the existing 1,906 square feet building would destroy that
building which causes all beneficial use and/or enjoyment of that building to be lost, which is an
unnecessary hardship. To raze the 1,906 square feet building would cause a loss of a yield of
reasonable return on Mr. Adams' property which is also an unnecessary hardship.
Mr.Zylstra is willing to pay$100,000 for the 1,906 square feet building and the approximate
67.5'x 132'lot on which the building is located. Mr. Zylstra would only pay$50,000 for the bare lot
if the building was removed. Further, that would be loss of a yield of reasonable return on Mr.
Adams' property, which is again an unnecessary hardship.
1. (b)(ii) The plight of the owners is due to unique circumstances and not to general
conditions of the neighborhood.
The unique circumstances in this situation is that the existing buildings were constructed by
one owner and were constructed in accordance with the Municipal Code at that time. The variance
will allow the replacement of a building which has wooden foundations that are rotting. Other than
the new replacement building extending approximately 50 feet east to where a fence presently exists,
there will be no material change in the buildings. The same number of buildings will exist in their
current locations. There will be no material change in the appearance or use of the Adams and Zylstra
properties. This situation does not exist elsewhere in the vicinity.
Application Form Last Updated: March 25, 2013
(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 Attachment for Page 7
(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 Attachment for Pap_e 7
7
VARIANCE APPLICATION FORM
Supporting Information
Page 7
Attachment
Applicant: James A. Adams
Property Address: 1179 McCormick Avenue, Ames, IA 50010
1. (b)(iii) The use to be authorized by the variance will not alter the essential character of
the locality.
The requested variance will not alter the essential character of the locality. The number of
buildings will remain the same. The locations of the buildings will remain the same. The appearance
of the buildings will remain the same, except the 2,080 square foot building will be replaced with a
slightly larger new building which will be an improvement that is compatible with the locality.
1. (c) The spirit of the ordinance shall be observed even when the variance is granted.
The requested variance is consistent with the Sign Ordinance, Zoning Ordinance, and Land
Use Policy Plan, because the number of buildings, the location of the buildings, the use and the
appearance, and the use of the buildings on the Adams and Zylstra properties will remain the same.
Application Form Last Updated: March 25, 2013
(d) Substantial justice shall be done as a result of granting the variance.
Explain how the request meets this standard.
See Attachment for Page 8
8
VARIANCE APPLICATION FORM
Supporting Information
Page 8
Attachment
Applicant: James A. Adams
Property Address: 1179 McCormick Avenue, Ames, IA 50010
1. (d) Substantial justice shall be done as a result of granting the variance.
Substantial justice will be done in granting the requested variance because it will prevent the
razing of the existing 1,906 square foot building, and the 2,080 square foot building which the
wooden foundations are rotting will be replaced.
Application Form Last Updated: March 25, 2013
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 29.1 A0(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 1179 McCormick 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 oper Date:—I o 24 �!3
Prty Owner
James A. Adams
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature)
10
Application Form Last Updated: March 25, 2013
Adjoining Property Owner Statement
(Completion of this form by the applicant is optional)
To Whom It May Concern:
We, the undersigned, own property adjoining 1 179 McCormick Avenue Ames. Iowa.
It is our understanding that lames A. Adams
has filed an
appeal with the Zoning Board of Adjustment to allow a v�l ►t n 2 1 Uic_
.equiremettt.
As adjoining property owners,we would have no objections to the issuance of this building
permit for the purposes stated above.
Further,the statements in the Application are trite and correct.
and 1 attest to the Attach►nent No. 2 and the response to paragraph 'I(b)(i)_
NAME ADDRESS DATE
Thoattas C'.Zti Istrt
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Exhibit 2
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Exhibit 4
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Exhibit 5
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Exhibit 6
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R. BRADLEY STUMBO P.O. BOX 1664 AMES, IOWA 50010 515-233-3689
PLAT OF SURVEY
NE ORR
E. 13TH STREET (ROW VARIES) NW FRLNE114. NE FRL 114
SEC. 1-83-24
REC. AS N90'00'00'W 1160.13' REC. AS N90'00'00'W 132.00' FOUND ALUMINUM
N89'44'45"W 1180,24' N89'44'45"W 131.97' SURVEY MARKER
N1/4 CORNER NW CORNER-""' 0
SEC. 1-83-24 PARCEL A a _ -33' ROW LINE- _ a
FOUND 3/4" - - - - -
REBAR
P P.RCEL A LDS 1
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Urn 0.10 ACRES ROAD m
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YELLLOW CAP /6586 w m
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YELLOW CAP #17161 7 Z Z S89'55'38'N R-60.00
ru a 84 a-2721'
PARCEL K 8 ) '
0- 25'59.09"
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In Ch-26.98'
PROPRIETORS: <r
PARCEL A: THOMAS C. ZYLSTRA w'n RX �NF19'36'36 E IR)
PARCEL B: JAMES A. ADAMS a ooN- 9'54'41'E
SURVEY REQUESTED BY: JAMES ADAMS U) a- 102.37'
ism�rn 102.26'(R)
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SW CORNER REC. AS S90.00'00-E SE CDR. PARCEL B
PARCEL B FOUND 1/2' REBAR
W/ YELLOW CAP
#17161
Certification: I hereby certify that this land surveying
do
cument
prepared
thatpIramraed OCEN OrG�B
duly licensed Land Surveyor under the laws of the State of Iowa. Q o
0 0 M F 7 17161
Date:
radley Stumbo License #17161
My license renewal date is December 31. 2013 (4 Iau
Job f12205PS Date: 10/02/13 Page i of 2 �►D SURy
Fieldwork Completed: 9/30/13
Exhibit 7
Job#12205PS
Page 2 of 2
Survey Description-Parcel'J':
Parcel A and part of Parcel B in the Northeast Fractional Quarter of Section 1,Township
83 North, Range 24 West of the 5t'P.M.,City of Ames,Story County, Iowa, as shown
on the Plat of Survey filed on December 21, 1995 at Inst. No. 95-11417 and in Book 13,
Page 166,ail together being more particularly described as follows: Beginning at the
Northeast Corner of the Northwest Fractional Quarter of said Northeast Fractional
Quarter, said point also being the Northeast Comer of said Parcel A;thence
N89°44'45-W, 131.97 feet along the North line of said Section 1 to the Northwest
Corner of said Parcel A;thence S00°37'13"E,427.28 feet along the West line of said
Parcels A and B;thence N88°36'27"E, 131.99 feet to the East line of said Parcel B;
thence N00°37'23"W,423.48 feet along the East line of said Parcels B and A to the
point of beginning,containing 1.29 acres,which includes 0.10 acres of existing public
right of way.
Survey Description-Parcel'W:
Part of Parcel B in the Northeast Fractional Quarter of Section 1,Township 83 North,
Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, as shown on the Plat
of Survey filed on December 21, 1995 at Inst. No. 95-11417 and in Book 13, Page 166,
said part being more particularly described as follows: Commencing at the Northeast
Corner of the Northwest Fractional Quarter of said Northeast Fractional Quarter, said
point also being the Northeast Comer of said Parcel A;thence N89°44'45"W, 131.97
feet along the North line of said Section 1 to the Northwest Corner of said Parcel A;
thence S00037'13"E,427.28 feet along the West line of said Parcels A and B to the
Point of Beginning;thence continuing S00°37'13"E,232.79 feet to the Southwest
Corner of said Parcel B;thence S89°45'02"E, 132.00 feet to the Southeast Comer
thereof;thence N00°3T23"W,98.66 feet;thence N89054'41"E, 102.37 feet to the
westerly right of way line of McCormick Avenue and a point on a curve concave to the
northeast, having a radius of 60.00 feet, a central angle of 25059'09"and being
subtended by a chord which bears N42°18'1 VW,26.98 feet;thence northwesterly,
27.21 feet along said curve;thence S89°55'38"W,84.43;thence N00°37'23"W, 117.91
feet;thence S88036'27"W, 131.99 feet to the point of beginning,containing 0.75 acres.
The Ames City Council approved this Plat of Survey on 2013,with
Resolution o. I certify that it conforms to all conditions of approval.
N M
Planning and Housing Director
1
;Summary
Ames City Assessor
� •y
Sec-Twp-Rng 01-83-24
s
Brief Tax Description SECTION:01 TOWNSHIP:83 RANGE:24 83 E8 RODS N40 RODS NW NE&PT LT 4
6g HARRISONS SD PARCEL"B"CFN 13-166
n (Note:Not to be used on legal documents)
Primary Class COMMERCIAL
Primary Zoning GI-General Industrial Zone
,Secondary Zoning N/A
!Zoning Overlay N/A
Secondary Zoning Overlay N/A
Gross Acres 0.00
Net Acres 0.00
'Last Transfer N/A
xRecording Date
Deed Book/Page(Instr.Date) 183 134(2/19/1980) Click to Enlarge
x
Contract Book/Page N/A Property ID 09-01-200-027
(Instr.Date) Property Address 1179 MCCORMICK AVE s
Taxing District AMES CITY/AMES SCH AMES
School District AMES COMMUNITY SCHOOL �Q
`TIF/UR District N/A Click to View/Print Property Record Card
!Drainage District N/A
Fire District AMES
Neighborhood C/I:East Ames
Owner77
r a sa .vim
Deed Holder Contract Holder Mailing Address ^_
ADAMS,JAMES A ADAMS,JAMES A
1930 E 13TH ST
f AMES IA 50010-5628
Change mailing address
I Transfer Homestead or Military
IS. - m-.�-,..•_..,.-..-,.-�._,..-�-z._-.,-,.�.�-�-,---�,-.,•..-.-ram.--m..,--r,,-_. -
a Description(Ames)
Topography Level
!Public Utilities
All
[Street or Road Paved
Neigh.Life Cycle Static
Legal Acres 0.9484
Legal Sq Ft 41,310
Farm Land Computations(Ames) ..
tParcel Acreage 0.9484
181 Legal Drain NV[-] 0
`82 Public Roads NV[-] 0
83 UT Towers NV[-] 0
59 Homesite(s)[-] 0
jTotal Acres Farmland 0
True Tax Value 0.00
e
Measured Acres p
Average True Tax Value/Acre 0.00
True Tax Value Farmland 0.00
Classified Land Total 0
Homesite(s)Value(+) 0.00
Total Land Value 0.00
Card 01
Commercial Building x ,s
Primary Use Stg Warehouse
Year Built 1977n
Above Grade Area 6,964 =
Apartment Units 3 `
Above Grade Floors 1
Roofing Metal 100%
Porches and Decks
Yd Item/Spc Fture/Outbldg Concrete Paving 3500 SF
Commercial Canopy-Low Cost 960 SF
Mezzanine-Finished Divided 3180 SF
^ Commercial Canopy-Low Cost 1440 SF
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g Floor Bldg Type/Area ""' Framing/Area Plumbing Sprinkler/Area HVAC """` t w
a meter Types Hght Type
1 WHSESTOR/6,964 452 Single-Metal on Wood Frame 100% 15 Pole/6,964 Space Heater _
No HVAC
x
Card 02
Commercial Building
Primary Use Stg Warehouse
Year Built 1967 w
Above Grade Area 1,906 _
Apartment Units 0
Above Grade Floors 1
Roofing Built-up 100% T
Porches and Decks
�J z
9 Yd Item/Spc Fture/Outbldg
9 Floor Bld T Peri- Wall Wall Bsmt - '
5 g Type/Area meter Types Hght Framing/Area Plumbing Sprinkler/Area HVAC Type
m 1 WHSESTOR/1,906 186 Concrete Block 100% 14 Fire Resistant/1,906 Half Baths(1) Space Heater
Forced Air Unit
Im rovemenis
Card 01
r
IStry Const Year Eff Base Adj Size/
ID Use Hgt Type Grade Const Year Cond Rate Features Rate Area
C WHSESTOR AV 1977 1977 AV 0.00 0 6964
j01 PAVING 4 Concrete AV 1981 1981 AV 0.00 0 3500
E¢03 COMCNPYL L 1992 1992 AV 0.00 0 20 x 48
5 04 MEZZFD 1 0 0 AV 0.00 0 3180
105 COMCNPYL AV 2001 2001 AV 0.00. 0 30 x 48 �
s-
'Card 02
1
@ Const Year Eff Base Adj Size/
3
ID Use Type Grade Const Year Cond Rate Features Rate Area
1 C WHSESTOR G 1967 1967 AV 0.00 0 1906
c
EE
aluation/Taxation(Ames)
2013 µ ..'� 2012 4 � 2031 2010
Assessed Taxable Assessed Taxable Assessed Taxable Assessed Taxable
a.PrimaryClass COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL
Secondary Class COMMUNITY WAREHOUSE SERVICE COMMUNITY WAREHOUSE SERVICE n/a n/a
Value Type Full Value Full Value n/a n/a
Land $60,400 $60,400 $60,400 $60,400 $60,400 $60,400 $60,400
€Improvements $159,200 $159,200 $159,200 $159,200 $159,200 $159,200 $159,200
Ag Dwelling $0 $0 $0 $0 $0 $0 $0
!Gross Value $219,600 - $219,600 $219,600- $219,600 $219,600 $219,600 $219,600
(Before exemptions)
Exemptions $0 $0 $0 $0 $0 $0 $0
.Military $0 $0 $0 $0 $0 $0 $0
Net Value $219,600 $219,600 $219,600 $219,600 $219,600 $219,600 $219,600
(After exemptions)
Gross Taxes
€Homestead Credit $7,115.$0 $7,106.$0 $7,093.$0
$0 $0 $0
11
Ag Land Credit $0 $0 $0
Family Farm Credit $0 $0 $0
Low Inc/Elderly Credit $0 $0 $0
,Net Taxes Due $7,116 $7,106 $7,094
Tax
[YearHistory;'-
[Year Due Date Amount Paid Date Paid^ Tax Statement/Receipt
12012 March 2014 $3,558 No
September 2013 $3,558 Yes 9/30/2013 tm 111498
2011 March 2013 $3,553 Yes 3/6/2013
September 2012 $3,553 Yes 9/18/2012 100277
12010 March 2012 $3,547 Yes 3/29/2012 100280
September2011 $3,547 Yes 9/16/2011
11 2009 March 2011 $3,583 Yes 4/13/2011 016446
September 2010 $3,583 Yes 8/24/2010
,2008 March 2010 $3,479 Yes 3/29/2010 116006
September2009 $3,479 Yes 10/12/2009
1
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T
CITY OF AMES,IOWA
ZONING BOARD OF ADJUSTMENT
t`1Ty�r tic;• --.
IN THE MATTER OF THE APPLICA-
TION OF ADAMS FOR A VARIANCE CASE NO. 95-53
TO THE SETBACK RESTRICTIONS IN : GEOCODE NO. 09-01-200-023
A G4 (GENERAL INDUSTRIAL)ZON- :
ING DISTRICT SECTIONS 29.25(2)(d)
AND 29.25(2)(e),AMES MUNICIPAL
CODE,TO ALLOW A LOT SPLIT ON
THE PROPERTY LOCATED AT DECISION &ORDER
1930 EAST 13TH STREET .
FACTS
The applicant owns a large, deep lot at this address which he purchased as vacant land
mbe a nur of years ago. The land ig in a G-I (General Industrial) zoning district. The
applicant put two separate buildings on the property, one behind the other, both of
which are presently leased and occupied by different businesses. The applicant would
now like to sell the front building and the land on which it sits to the lessee, and to do
so needs to split his property so each building is on a separate lot. If the land is split as
he is proposm however, it would create a situation in which the premises are
nonconforming because the buildings would lack sufficient side and rear yard setback
from the new property line. The minimum setback from the property line in this
district is 12 feet and these buildings are only 3.5 feet apart. He is requesting a variance
from the minimum setback restrictions in order to complete the sale. -The two buildings
conformed with the setback restrictions when built since the land was under one
ownership but in order to comply with the building code, he has added some
additional fire protection. This lot is rather deep in relationship to the amount of
frontage it has and under normal circumstances this would prevent it's being divided
into front and back parcels since the back parcel would not have frontage on any public
street, which is required by code for fire access. In this very unusual situation,
however, the applicant owns several lots which have frontage on the next street over
and he is able to accomplish access to the back parcel through one of those properties.
This back parcel has largely o en land to its rear and west side, so this lot split would
not create the appearance of densely built, locked in parcel. The applicant has
explored other legal alternatives to a variance, which include a sale of the building only
with a long term ground lease or razing the back building, but these are so impractical
that it would be an economic debacle to do either one. The appearance of the structures
would not change in the least if this variance is granted.
DECISION
The Board considers the standards applicable to variances from the provisions of the
zoning ordinance. In this case, the Board finds that although this variance is of
substantial dimension, its denial of this would create an unnecessary hardship. The
economic hardship which would occur would effectively take all beneficial use of this
property from its owner,and there appear to be no practical alternatives to a variance.
The requested variance should not alter the essential character of the area since it will
not charge the location or appearance of these buildings, and it should not be contrary
to the public interest since fire protection measures have been installed. This situation
is very unlikely to be repeated since most property owners would not have an adjacent
lot through which access to the back parcel could be accomplished. Under these very
unusual circumstances,the Board finds that a variance may be granted.
ORDER
WHEREFORE IT IS ORDERED that the applicant is granted a variance to the rear and
side and setback restrictions in a GI General Industrial) zoning district, Sections
29.25(2)(d) and 29.25(2)(e), Ames Municipal Code, to allow a lot split with a rear yard
setback of 1.72 feet for Parcel A and a side yard setback of 1.70 feet for Parcel B, all for
the property located at 1930 East 13th Street.
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 13th day of December, 1995.
Becky KlAtJt Kenn�-OAnderson
Secretary to the Board Chair
or .cs"CfYteilk t'00�
of a Special Permit to Allow the Operation of a Therapeutic Massage Business on the
Property Located at 1325 Maxwell with the following stipulations:
1. That the clients be instructed to park in the applicant's driveway parking space and not
on the street;
2. That the applicant is strongly recommended during business hours to park her vehicle
in a drive at an off-street location, authorized by the property owner;
3. That the business operate by appointment only,with appointments staggered so that there
is little possibility that there would be an overlap of client visits;
4. That any future paid advertising for the business include a statement that visits are by
appointment only.
5. That the business hours shall be limited to the hours between 8:00 a.m. and 6:30 p.m.
Monday through Friday and 8:00 a.m. until noon on Saturday.
6. That the applicant shall maintain required State licensing.
Roll Call Vote: 5-0. (Motion declared adopted unanimously).
CASE NO.95-53
VARIANCE-JAMES A.ADAMS, 1930 EAST 13TH STREET
Application for a Variance from the Required Rear and Side Yard Setbacks to Allow the Splitting
of a Platted Lot on the Property Located at 1930 East 13th Street. (This case was tabled from the
November 8, 1995 Zoning Board of Adjustment Meeting).
Chair Anderson stated that at the last meeting there were four board members present and this case
tied in a two to two vote which was why the Board was hearing this again.
Planner Schmitt stated that the applicant would like to split the property he owns at 1930 East 13th
Street into two parts and sell off the north parcel. She explained that he was unable to do this
because there is insufficient rear yard setback for the building on proposed Parcel A and
insufficient side yard setback for the north building on Parcel B. Planner Schmitt stated that the
existing buildings are 3.5 feet apart and the Ordinance required a setback of 12 feet. She explained-
that at the time of the buildings were constructed,permits were issued and they were constructed
in a legal manner. She explained that the situation on this property was unique because of the
depth of the property and there was not frontage on a public street. She noted that the applicant
obtained the frontage from McCormick Street from a property that he did not own. She informed
the Board that after reviewing this request,staff found that it did not meet three of the five tests and
recommended denial.
It was noted by all members of the board that Mr. Adams had telephone them and had brief
conversations regarding his request. Chair Anderson stated he visited the property briefly.
Jim Adams, 1930 E. 13th Street,stated he had no further evidence to present and wanted the Board
to realize that he built these buildings about 20 years ago and did not realize there was a problem.
He stated that he had permits for the construction that had been done. He also explained that the
property had been sold and the building has been occupied by the purchaser. He explained that the
purchaser had done some remodeling and if the variance were not granted,he was not certain what
he would or could do. Mr.Adams stated his confusion in that the property is legal currently,but
if the property were to be split, it must meet setbacks. Mr. Adams compared it to a new building
constructed on Fifth Street which was constructed right up to the side of the Ames Pantorium
building. He stated he realized that the properties are zoned differently,but he found it confusing
that his property would have setback requirements especially since it was located so far from
downtown. He informed the Board that this property borders a hog farm on the west side and a
landfill on the south; and he found it strange that it has stricter setbacks than a new building
downtown.
Board Member Goldman asked Mr. Adams if he had explored other possibilities since the last
Zoning Board Meeting. He stated that one alternative that was suggested was to offer the purchaser
of the building a ground lease and sale of the building. Board Member Goldman stated that this
would not split the property and would provide conformance. He also asked Mr. Adams if his
attorney determined the liability if this request would be denied.
Mr. Adams stated that he visited with the buyer about this possibility and received a negative
response. He stated that his attorney was uncertain what a jury would decide. He stated that he
might have to repay the purchaser for the amount of money that was spent on the building. Mr.
Adams explained that he had taken care of the fire wall and driveway problems noted at the first
Zoning Board Meeting and he tried to do everything asked. He explained that if this property sold,
nothing would change except the ownership. Mr. Adams stated that he felt his only other
alternative was to demolish the middle building which was currently occupied by a radiator shop.
He informed the Board that he had spent money on this building,replacing the roof and the furnace
and really did not want to demolish it.
The Board discussed the application and agreed that they did not feel it was in Mr.Adams'best interest
to demolish the middle building on the property. They discussed concern with the precedent this might
set. They did feel there were special circumstances with this property such as the frontage and the
location. Board Members Huntington and Goldman stated concern with the precedent that this case
could set. Board Member Huntington stated that the ordinance required a setback of 24 feet and the
variance the applicant requested was to provide three feet which he felt was reaching.
The Board discussed what the City could do to advise property owners about how changing their
property could hinder the future intent of their land. They suggested offering guidance to let citizens
know what they can and cannot do at the time they apply for a permit.
Motion by Homstad, second by Anderson, to ADOPT ORDER NO. 95-53 approving a
Variance from the Required Rear and Side Yard Setbacks to Allow the Splitting of a Platted
Lot on the Property Located at 1930 East 13th Street.
Roll Call Vote: 3-2. Voting Aye: Homstad,McWaters and Anderson.
Voting Nay: Huntington and Goldman. (Motion declared adopted).
Mr.Adams asked the Board if he had done something wrong by calling the Board members. The
Board informed him that he did not, it was simply their responsibility to note that they were
contacted.
CASE NO. 95-52
CONDITIONAL USE PERMIT-CITY OF AMES,DALEY PARK
Application for a Conditional Use Permit from the Zoning Ordinance to Allow the Placement of
Fill and the Construction of a Pedestrian Bridge in the Floodway at Daley Park Located Behind
Schubert Drive.
Planner Schmitt stated that the Ames Parks and Recreation Department would like to develop a
walkway system along College Creek from South Dakota Avenue to Wilder Boulevard. The
walkway would be located north of College Creek from South Dakota Avenue to the existing
pedestrian walkway west of Thackeray Avenue. They are also proposing to construct a foot bridge
south of the pedestrian walkway to cross the creek. The walkway will continue along the south
side of the creek into the new Daley Park,located in the Bentwood Subdivision. Planner Schmitt
stated that a Conditional Use Permit is necessary because the bridge will be a structure and it will
Item :
Date: 11/ /S5
CITY OF AMIES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: October 31, 1995
MEETING DATE: November 8, 1995
APPEAL FOR VARIANCE: To allow a lot split with insufficient building setbacks from the
proposed property line between Parcels A and B;the zoning permit was refused because
of insufficient rear yard setback for the building on Parcel A and insufficient side yard
setback for the building on Parcel B.
APPELLANT: James Adams
LOCATION: 1930 East 13th Street
ZONING: G-1 (General Industrial)
APPLICABLE REQUIREMENTS: Chapter 29,Section 29.25(2)(d)&(e)of the Munigjw
Code which states that the required side setback and the required rear yard setback in
the G-1(General Industrial)zoning district are both 12 feet.
REQUESTED VARIANCE:A rear yard setback of 1.72 feet for Parcel A and a side yard
setback of 1.70 feet for Parcel B.
BASIS OF APPEAL: See attached"Supporting Evidence"prepared by the appellant.
FINDINGS-
1. The appellant would like to split the property he owns at 1930 East 13th Street into
two parts and sell oft the north parcel. He is unable to do this because there is
insufficient rear yard setback for the building on proposed Parcel A and insufficient
sideyard setback for the north building on Parcel B. The two buildings are currently
approximately 3.5 feet apart,and the Ordinance requires setbacks of 12 feet from
the property line for each of the buildings.
2. The developer has acquired additional land to meet the requirement that each lot
have frontage on and be accessible by means of a public street, as per Section
29.9(7)of the Zoning Ordinance.The attached Plat of Survey shows this additional
land as Parcel C. In addition to receiving the variances, the appellant will have to
combine Parcels B and C into one lot to clearly meet the Ordinance requirement for
frontage and accessibility.
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ANALYSIS: The Zoning Board of Adjustment is authorized to grant a Variance,provided
all of the following requirements are met.
I. Finding of Unnecessary Hardship_
To support a Finding of Unnecessary Hardship,the Board must, upon competent
evidence, find:
A. That the land in question cannot yield a reasonable return if used only for the
purpose allowed in the zone.
The variance meets this'test': YES X NO
Staff Comment: The'test of reasonable return'is not to make the greatest
possible economic return,but to make a reasonable return from the property.
All beneficial use and enjoyment of the property will not be lost,if the variance
is not granted. This test does not apply just to this appellant,but also to any
other possible owners of the property. It cannot be said that a reasonable use
could not be made of this property by anyone,unless it is split and sold as
proposed.
B. The plight of the owner is due to unique circumstances and not to general
conditions in the neighborhood, which may reflect the unreasonableness of
the Zoning Ordinance itself.
The variance meets this 'test': YES X NO
Staff Comment: The unique circumstances in this case are self created.
The appellant has developed this property with a number of buildings and
building additions without planning ahead for the future division of the property
into two parts_ He cannot claim physical hardship as a result of the building
construction that he has done.
C. The use to be authorized by the Variance will not alter the essential character
of the area.
The variance meets this 'test': X YES NO
Staff Comment: Visually there will be no change in the appearance of the
area.
2
II. The Variance will not be Contrary to the Public Interest.
The variance meets this'test: X_YES NO
Staff Comment: The appellant has met the building code requirements for
providing a higher level of fire protection for the north wall of the north building
on Parcel B. The south wall of the building on Parcel A already met the fire
protection requirements of the Building Code for a building located only 1.72
feet from the lot line. Therefore there should be no increased danger to other
property or persons. And there should be little effect on property values in the
area-
Ill. The Spirit of the Ordinance be Protected.
The variance meets this'tesr: YES _ X NO
Staff Comment: Allowing this variance would result in this appellant having
benefits from the use of his property that cannot be enjoyed by others who
must most the setback requirements of the City. The intent of the Ordinance
is to have setbacks and open space between buildings on adjacent property.
This is required for maintenance, fire access, separation of uses to provide
areas for landscaping and to create a less dense appearance than other
zoning districts that may be more intensely developed.
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CITY Or AIRS, IONA
ROMM BORAD OT ADJUSTIRBT
APPLICATIOS FOR VARIANCE
1. This application is for property located ats1930 13th Street, Ames, Iowa
Owner- JamSs A. Adams
Address: 1930 13th Street, Ames, Iowa, 50010 N
(Street) (City) (state) (Zip) 5�
Telephone: I _- ____
(Home) (Business)
2. 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 variance in the
set--back roquiranant to allow the owner to separate his property into
parcels as shown in the attachod draft plat of Survey and to sell off Parcel "A."
3. The Zoning Permit was refused because of building set-back requirements.
4. This appeal cannot be processed until all required materials are
submitted. In addition to this Application, the required submittals
include:
a. A site plan, drawn to scale. This plan shall not be larger
than 11" x 17" and shall be a black line drawing.
b. A complsted "Supporting Information" form. This form is
included in this packet of information.
C. Application fee. An application is not considered filed until
the fee is paid.
d. Zonin2 Ordinance Plan Review Form from the Building Official.
This forts will indicate that the Zoning Permit has been denied
i
The Zoning Hoard of Adjustment may grant a Variance provided the Board
can make a finding of unnecessary hardship and can determine that the
+, Variance will not be contrary to the public interest and the spirit of
the Zoning Ordinance.
This appeal will not be granted unless sufficient facts are presented
in this application and at the Board hearing to support a positive
finding by the Hoard. In support of this appeal, a "Supporting
Information" form shall be completed by.the appellant(s).
Approval of this appeal for a Variance by the Zoning Hoard of
Adjustment in no way absolves the applicant from subsequently obtaining
the necessary Building Permit(s) or other Permits from the City of Ames
or any other applicable agency.
I (lie) certify that I (we) have been denied a Building/Zoning Permit, and I
(we) have submitted all the required information to appeal for a Variance
and that information is factual.
Signed b cL y g Date: IQ--Z.;) 9s
_(OO(wnnerr)Jame A. Adams
Date:
(owner I a eni)h5bert W. GiOodArin
Zoning Hoard of Adjustment Action:
Approved:
(Date)
Denied:
(Date)
Approved w/Stipulation(s):
(Date)
7/15/93
"SUPPORTING INFORMATION"
The Zoning Hoard of Adjustment is authorized to grant a variance provided
all the following tests are satisfied. Please provide information in the
spaces below to address each of these tests. Additional supporting
information may be attached.
I. The Zoning Board of Adjustment must make a finding of unnecessary
hardship. The hardship must be related to the physical aspects of
the property and not a personal hardship. To support a finding of
unnecessary hardship, the Board must find, based upon competent
evidence, that•
a. The land in question cannot yield a reasonable return if used
only for the purpose allowed in the zone. To meet this test,
the applicant must 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.
See attached sheet.
b. The plight of the owner is due to unique circumstances and
not to general conditions in the neighborhood. The appellant
must show that the physical circumstances on his/her property
are unique and unlike other properties in the vicinity.
Soe attached sheet.
x
Z"
d'
z
c. The uses to be authorized by the variance will not alter the
essential character of the area. The appellant must show
that the proposed use is compatible with the character of the
surrounding area.
See attached sheet.
II. The Variance will not be contrary, to the public interest. The
appellant must 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.
See attached sheet.
III. The hpirit of the Ordinance is protected. The appellant nntst show
that the Variance is consistent with the intent of the Zoning
Ordinance and the Land Use Policy Plan. A variance would not be
consistent with the intent if alternatives for development exist
Lhat do not require a Variance.
Sm attached sheet.
1
i
Attachment to Application for Variance regarding James A. Adams_
La. The two existing buildings on my property were constructed 3.5 feet apart
while the property was under my ownership. I now want to sell off the
portion of this property designated as Parcel "A" in the attached Draft Plat
of Survey, and the building located thereon. To divide the property into
separate parcels and convey ownership of the building and land in Parcel
"A," there is a 1.75 feet setback of the buildings on each parcel. The
"Zoning Ordinance for this property which is zoned General Industrial(G-1)
provides for it twelve(12) foot setback. I have constructed a firewall on the
north side of the building on proposed Parcel "B" in efforts to have this
requested setback variance be approved.
Without the requested variance I win not able to sell off the proposed Parcel
"A" and the building contained thereof which is an economic loss to me of
at least$1.5 million. Without the requested variance I am unable to realize
the greatest economic benefit from my property by being able to sell it off
in separate parcels.
I.b. The unique circumstances in this matter arc prc-existing buildings being 3.5
feet apart. which require it variance in the setback requirement to allow
separate ownership of the two buildings. This situation does not exist
elsewhere in the vicinity.
I.C. The i vo existing buildings were constructed 3.5 Icct apart when the property
in question had one owner. "these two buildings will exist in their present
locations wheilier or not a zoning variance is allowed. if the zoning
variance is allowed the location and character of these two buildings will
remain unchanged. The character of the surrounding area will likewise be
unchanged and not affected by the requested variance.
If. The variance will not be contrary to public interest and it will not injure or
endanger other property or persons,and it will not devalue nearby property.
Further, I own all other properties in the vicinity of this property. Again,
the location and existence of the two buildings in question will retrain
unchanged. The only dillerence with allowing two separate parcels is the
improvLnient of a tirewall having been constructed by the owner on (lie
northerly wall of the building on Parcel "R"in efforts to have the requested
variance approved, ►►hich is an increased safety measure. '
III. The requested variance to allow this property to IN,- divided into separate
parcels is consistent with the intent of the Zoning Ordinance and the Land
Use Policy I'lan- The newly constructed firewail pruwides the measure of
safely that the twelve (12) liiol setback requirement that the zoning
regulation provides_ The use of the proposed separate parcels and existing
buildings will continue io he file same whether or not it is divided into
separate parcels.
SEC.. 1-1-C e3-24
8
SE PLAT OF SURVEY
-2
FOUNU CONCRETE
1f0NUMENI.
FIT._- N90'00-00-H 132.00' -- EAST 13Lh STREET
NE CORNER 14E CORMER--."
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Ph.N (919)233-l689 1 Fax 0 (515)233-4403 PAGE 1 OF 2
BUILDING PHOTO AND SKETCH SHOWING EXTERIOR DIMENSIONS
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