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HomeMy WebLinkAbout~Master - Variance regarding the properties at 2811, 2817, and 2823 West Street CITY OF AMES, IOWA FEB 19 2014 ZONING BOARD OF ADJUSTMENT _.,___ C11V CI_:7_1fK CITY C`F_AV, 10WA IN THE MATTER OF THE APPLICATION OF KEITH ARNESON FOR A VARIANCE CASE NO. 13-12 TO § 29.201(93), TABLE 29.704(3), AND § 29.1111(2)(b), AMES MUNICIPAL CODE, GEOCODE NO. 09-04-302-180; 09-04- REGARDING THE PROPERTIES 302-190; 09-04-302-200 LOCATED AT 2811, 2817 AND 2823 WEST STREET DECISION & ORDER FACTS The applicant owns three properties at 2811, 2817, and 2823 West Street and plans to redevelop 2817 and 2823 West Street with an expansion of the existing apartment building located at 2811 West Street. According to City records, 2817 West Street is a converted single-family home housing two units, and 2823 West Street is a converted single-family home housing six units. An 8-unit apartment building was constructed by the applicant at 2811 West Street in 2009. The existing apartment building is 4-stories tall and has a portion of the parking under the building and surface parking in the rear. The existing apartment building was built within the 45 foot maximum height limit of the underlying zone. The topography of the area is such that 2811 West Street sits about eight feet higher than the two lots to the west that are intended for redevelopment. The applicant seeks to demolish the two single-family home buildings, combine all three lots into a single parcel, and construct an addition to the existing building at 2811 West Street. The building expansion would be of the same form as the existing and share a common entry. With the building addition, the overall height of the building, as calculated according to the City's definition of height, results in the existing portion of the building exceeding the 45 foot height limit because the average grade is lower for the west portion of the proposed consolidated site. The proposed addition to the building would meet the 45 foot height limit in relation to its average lower grade. The applicant, therefore, is seeking a variance to the height limit to allow the addition to the existing building, resulting in a total height of 47 feet 9 inches to the average grade of the site as measured under the City's calculation of maximum height of a structure. DECISION The Board considers the applicable Ames Municipal Code sections regarding height limitations, section 29.201(93), Table 29.704(3), and section 29.1111(2)(b), and the Ames Municipal Code section allowing variances at section 29.1504(4). The Board finds that the granting of a variance will not be contrary to the public interest, that without granting of the variance and due to special conditions a literal enforcement of the ordinance will result in unnecessary hardship, that the spirit of the ordinance shall be observed even when the variance is granted, and substantial justice shall be done as a result of granting the variance. ORDER WHEREFORE, IT IS ORDERED that the applicant is GRANTED, a height variance to 47 feet nine inches, sections 29.201(93), Table 29.704(3), and 29.1111(2)(b) of the Ames Municipal Code, for the properties located at 2811, 2817, and 2823 West 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 81" day of January, 2014. mily Burto GpK Taylor ecretary to the Board Chair