HomeMy WebLinkAbout~Master - Variance to the setback restrictions in a G-I Zoning District to allow the relocation of the property line between the properties at 1930 E 13th Street and 1179 McCormick Avenue YY a
666 II �1�
a EC 1 1 2013 'U
CITY OF AMES, IOWA
ZONING BOARD OF ADJUSTME T
IN THE MATTER OF THE
APPLICATION OF ADAMS FOR A
VARIANCE TO THE SETBACK CASE NO. 13-10
RESTRICTIONS IN A G-I (GENERAL
INDUSTRIAL) ZONING DISTRICT, GEOCODE NO. 09-01-200-025 &
§§ 29.25(2)(d)AND 29.25(2)(e),AMES 09-01-200-027
MUNICIPAL CODE, TO ALLOW THE
RELOCATION OF THE PROPERTY DECISION & ORDER
LINE BETWEEN THE PROPERTIES
LOCATED AT 1930 E. 13TH STREET AND
1179 MCCORMICK AVENUE
FACTS
The applicant owns a large, deep lot at 1179 McCormick Avenue which he purchased as vacant
land a number of years ago. The property is located directly south of 1930 E. 13th Street. The
land is in a G-I (General Industrial) zoning district. Currently, there are two (2) separate
buildings located on 1179 McCormick Avenue and there is one (1) separate building located on
1930 E. 131h Street. The applicant would like to sell the north building and the land on which it
sits to the property owner of 1930 E. 131h Street. The purpose of the sale is to enable the owner
of 1930 E. 131h Street to expand his building without being subject to the setback requirements.
If the land is sold as he is proposing, 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 twelve (12)
feet and these buildings are only 4.4 feet apart. He is requesting a variance from the minimum
setback restrictions in order to complete the sale. On December 13, 1995, the Zoning Board of
Adjustment (ZBA) granted a variance allowing reduced rear and side yard setbacks to enable the
owner to divide the property formerly addressed as 1930 E. 13th Street into two parcels, thus
creating one (1) new parcel located at 1930 E. 13th Street and another new parcel at 1179
McCormick Avenue. Therefore, the two buildings do not currently conform with the setback
restrictions, but are allowed to be nonconforming because of the previously approved variance.
Planning staff presented evidence that all the criteria for a variance required by Ames Municipal
Code section 29.1504(4) have not been met. The applicant presented no evidence that other
alternatives are impractical, such as razing the building on 1930 E. 13th Street to create a larger
building that conforms to the setback requirements. Additionally, the applicant presented no
evidence that denial of the variance would create an economic hardship which would effectively
take all beneficial use of the property.
DECISION
The Board considers the standards applicable to variances from the provisions of the zoning
ordinance. In this case, the Boards finds that all the criteria for a variance required by Ames
Municipal Code section 29.1504(4)have not been met. First, granting of the variance is contrary
to the public interest. Second, the denial of the variance would not cause an economic hardship
that would effectively take all beneficial use of the property from the owner. Third, it appears
there are practical alternatives to a variance. Fourth, this situation is not unique and the
conditions of the property are self created. Although the requested variance would not alter the
essential character of the area, the spirit of the ordinance would not be observed if the variance
was granted.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is Denied a variance to the rear and side
yard setback restrictions in a G-1 (General Industrial) zoning district, sections 29.25 (2)(d) and
29.25(2)(e) of the Ames Municipal Code, to allow for the relocation of the property line between
the properties located at 1179 McCormick Avenue and 1930 E.131h 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 131h day of November, 2013.
,
mily Burton thair
Taylorecretary to e Board