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ITEM # 2
DATE 11-13-13
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
CASE FILE NO.: ZBA-13-10
DATE PREPARED: November 8, 2013
MEETING DATE: November 13, 2013
APPLICATION FOR VARIANCE: To allow a rear yard setback reduction for the property
at 1930 E. 13th Street and a side yard setback reduction
for the property at 1179 McCormick Avenue for a
boundary line adjustment of the property line between
the two properties.
APPLICANT: James A. Adams
LOCATION: 1179 McCormick Avenue & 1930 E. 13th Street
ZONING: General Industrial (GI)
BACKGROUND:
The minimum required building setback from the side lot line and from the rear lot line in
the General Industrial (GI)zone is 12 feet. The applicant is requesting a variance to allow
a reduction in setback from 12 feet to 3.5 feet for the property at 1179 McCormick Avenue
and 3.5 feet for the property at 1930 E. 13th Street. The applicant intends to sell the
northern-most portion of his prgerty at 1179 McCormick Avenue(Parcel B)to the owner of
abutting property at 1930 E. 13t Street (Parcel A). A building exists on this property and
includes approximately 1906 square feet of gross floor area, and measures 31.5 feet by
60.5 feet. Sale of the property would necessitate relocation of the property line that
separates the two properties approximately 64 feet south of the existing property line. (see
attached "Sketch of Existing Parcels') This would require approval of a Plat of Survey by
the City Council for a boundary line adjustment. The Plat of Survey cannot be approved
without the granting of a variance by the Zoning Board of Adjustment (ZBA) to allow the
reduced building setbacks.
On December 13, 1995, the ZBA granted a variance,for the property, formerly addressed
as 1930 E. 13th Street, and presently addressed as 1179 McCormick Avenue (Parcel B)
and 1930 E. 13th Street (Parcel A), see attached 1995 Approved Plat of Survey. The
variance was granted to allow a rear setback of 1.72 feet for Parcel A, and a side setback
of 1.72 feet for Parcel B. The granting of this variance enabled the owner of property at
1930 E. 13th Street to divide the property into two parcels with the reduced setbacks from
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the property line that currently separates the two properties. It is this property line that the
applicant now proposes to move approximately 64 feet further south, necessitating
consideration of a new variance.
The property at 1930 E. 13th Street presently includes three buildings with common walls
(see attached Exhibit 6). The property at 1179 McCormick Avenue presently includes four
buildings with common walls, and one separate building (see attached Variance
Application Exhibits 3, 4 & 5). The separate building (Exhibit 5)would become part of the
property at 1930 E. 13th Street, if the setback variances are approved by the ZBA and
approval of a Plat of Survey by the City Council.
APPLICABLE LAWS:
The Development standards for the General Industrial (GI) Zone identify minimum
setbacks as shown in the excerpt of Table 29.901(3) Ames Municipal Code, below:
Table 29.901(3)
General Industrial (GI) Zone Development Standards
DEVELOPMENT STANDARD GI ZONE
Minimum Lot Area No limit
Minimum Frontage 25 ft
Minimum Building Setbacks
Front Lot Line 10 ft.;40 ft.if abutting an arterial street,except for a fuel pump
canopy,which shall maintain a 10 ft.setback from an arterial street,
measured from the front edge of the canopy
Side and Rear Lot Lines 12 ft.;40 ft.if abutting an arterial street except for a fuel pump
Canopy, which shall maintain a loft. setback from an arterial street,
measured from the front edge of the canopy
Lot line abutting a Residentially Zoned Lot 20 ft.
Landscaping in Setbacks Abutting a Residential] -Zoned Lot 10 ft.@ IA. See Section 29.403
Maximum Building Coverage 85%
Minimum Landscaped Area 15%
Maxium Height 100 ft.or 9 stories
Parking Allowed Between Building and Streets Yes
Drive-Trough Facilities Permitted Yes. See Section 29.1303
Outdoor Display Permitted Yes. See Section 29.405
Outdoor Storage Permitted Yes. See Section 29.405
Trucks and ui ment Permitted Yes
VARIANCE CRITERIA:
Ames Municipal Code, Section 29.1504(4) states that "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.
(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 fora purpose
allowed in the zone.
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(ii) The plight of the owners is due to unique circumstances and not to the general
conditions in the neighborhood.
(iii) The use to be authorized by the variance will not alter the essential character of
the locality.
(c) The spirit of the ordinance shall be observed even when the variance is granted.
(d) Substantial justice shall be done as a result of granting the variance.
BASIS OF APPEAL: The applicant has submitted responses to the variance criteria. See
the attached "Supporting Information" prepared by the applicant, part of the "Variance
Application Packet".
FINDINGS OF FACTS & CONCLUSIONS:
Staff makes the following findings of facts and conclusions for each of the six individual
criteria "tests":
(a) The granting of the variance shall not be contrary to the public interest.
FINDING: The basic purpose of the setback is to provide building separation and
access between properties. Building separation is also a relevant issue to the
Building Code in terms of required fire protection measures to meet safety
requirements. The previous variance application for this property, considered by the
Board on December 13, 1995, stated that the property owner had constructed a fire
wall on the northerly wall of the building on Parcel B in efforts to have the variance
approved. In the current variance application, the applicant asserts that the north
building on Parcel B,which is proposed to become part of Parcel A, has fire walls to
address the 3.5 foot distance from the buildings on its north and south sides.
CONCLUSION: Although the applicant asserts the building on Parcel B, which is
proposed to become part of Parcel A, has fire walls on its north and south sides, no
information has been provided to verify this assertion. In addition, no information
has been provided concerning the north wall of the 3,120 square foot building on
Parcel B, immediately adjacent to the south, as to whether the north exterior wall is
fire-rated. Therefore the Board can conclude that this criterion is not met.
(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.
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FINDING: No evidence has been presented that the value of the property will be
diminished if the variance is not granted. The applicant takes the position that if the
variance is not granted, the 1,906 square foot building would be removed to meet
the required building setbacks between the two properties to allow for the boundary
line adjustment.
CONCLUSION: Although removal of the building to meet required setbacks would
provide the minimum required setbacks from the proposed lot line between the two
parcels, the applicant has not demonstrated that the land in question cannot yield a
reasonable return if the 1,906 square foot building remains, and the property line
separating the two parcels remains in its current location. Therefore the Board
can conclude that this criterion is not met.
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood.
FINDINGS: There are other buildings in the vicinity that were constructed with
setbacks from the property lines, unlike buildings on these two properties which
were constructed with no common walls.
CONCLUSION: The unique circumstances in this case are self created. The
applicant has developed these two properties with a number of buildings without
planning for meeting the minimum required building setbacks to allow for future
divisions of either property. Therefore the Board can conclude that this criterion
is not met.
(iii) The use to be authorized by the variance will not alter the essential
character of the locality.
FINDING: The number and locations of buildings will not be altered by the variance.
CONCLUSION: Visually, there will be no change in the appearance of the two
properties, as a result of granting the variance. Therefore the Board can conclude
that this criterion is met.
(c) The spirit of the Ordinance shall be observed even when the variance is
granted.
FINDING: In this zoning district, the minimum required side and rear setbacks is 12
feet. The applicant proposes a side setback of 3.5 feet for the property at 1179
McCormick Avenue, and a rear setback of 3.5 feet for the property at 1930 E. 13t'
Street
CONCLUSION: Allowing this variance would result in the applicant having benefits
from the use of his property that cannot be enjoyed by others who must meet the
setback requirements of the City. The intent of the Ordinance is to have setbacks
and open space between the buildings on adjacent properties. This is required for
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maintenance, fire access and 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. Therefore the Board can conclude that this criterion is not
met.
(d) Substantial justice shall be done as a result of granting the variance.
FINDING: The applicant states that, "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."
Replacement of the 2,080 square foot building (located on Parcel A, north of the
1,906 square foot building on Parcel B requires approval of a Minor Site
Development Plan by City staff. No site plan application for this property has been
received by the Planning & Housing Department.
CONCLUSION: Razing of the existing 1,906 square foot building is one method of
meeting the required minimum building setbacks with relocation of the property line
that separates the two existing parcels, without the granting of a variance.
However, a literal enforcement of the ordinance, also without granting of the
variance, would not result in unnecessary hardship with retention of the 1,906
square foot building on the property at 1179 McCormick Avenue (Parcel B).
Therefore the Board can conclude that this criterion is not met.
ALTERNATIVES:
1. The Zoning Board of Adjustment may deny this request for a variance to allow a rear
setback reduction to 3.5 feet on the property at 1930 E. 13th Street and a side setback
reduction to 3.5 feet on the property at 1179 McCormick Avenue, based upon the
above findings and conclusions.
2. The Zoning Board of Adjustment may approve this request for a variance to allow a rear
setback reduction to 3.5 feet on the property at 1930 E. 13th Street and a side setback
reduction to 3.5 feet on the property at 1179 McCormick Avenue, if it makes findings
that support the criteria.
3. The Zoning Board of Adjustment may table this variance and seek further information
from the applicant or from staff.
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DEPARTMENT RECOMMENDATION:
The Planning and Housing Department concludes that the criteria for a variance required
by Ames Municipal Code Section 29.1504(4) have not all been met. Therefore, it is the
Department's recommendation that the Board should act in accordance with Alternative#1,
which is to deny the requested variance. Alternately, if the Board finds and concludes that
all of the criteria have been met, then the Board should act in accordance with Alternative
#2.
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Location Map
1179 McCormick Avenue
& 1930 E. 13th Street
0 37.5 75 150 225
Feet
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R. BRADLEY STUMBO P.O. BOX 1664 AMES, IOWA 50010 515-233-3689
SKETCH OF EXISTING PARCELS
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Survey Description:
Parcels A and 8 in the NW Frl 114, NE Frl 114
of Section 1-B3-24, City of Ames, Story County,
Iowa as shown on the Plat of Survey filed on
Oecemher 21, 1995 at Inst. No. 95-11417 and
In Book 13, Page 166.
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Job #'12205SK Date: 10/01/13 0 80 160 240
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^ertificat ion:
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S hereby Certify that this land Surveying Oucument wes]made
by ne or Under my direCt personal supervision and that. 1 an / py
a duly lsterec! Land Surveyor unper the laws of the state ' 6586 p
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best L St>!m o. Jr..R !..S. 1R65 `�,`•N(? aUH�a
My registration is due forJr'�ene i on December 31, 1996
Jon a12205 Date: 12/20/95 PAGE 1 OF 2
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