HomeMy WebLinkAboutA1 RECEIVED Application Form Last Updated: March 25, 2013
MAY 0 9 2014
CITY OFAMES,IOWA Variance
DEPT.OF PLANNING&HOUSING Application Fornz
(This form must be completely filled out before the application will be accepted)
1. Property Address for this Variance Application: zAzz l&ZOLt-l-( WAq
2. Legal Descn tion (attach if lengthy):
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: ' Co tit T1LXJ or--& Fki _4&L1
4. The Zoning Permit was refused because: f FAt=
I's, Pp-byl D
5. Property Owner: 1> ck�w(_n { � 1s_ `s
Business: �"
Address: ( -/y(t� �. L L L4A'1,4
(Street) (Cit ) State) (Zip)
Telephone: 40 !!_ — (C1C-_
(Home) (Business) (Fax)
6. Applicant:
Business:
Address:
(Street) (City) (State) (Zip)
Telephone:
(Home) �^ (Business) (Fax)
7. Contact Person: ���� l"alt S
Business: ✓
Address: 1put E _., i l A
(Street) (City5 —(State) (Zip)
Telephone: tC ^`��
(Home) (Business) (Fax)
E-mail address: LA Grb&40) k_ &� - eoln
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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)certifj7 that I(►ve)have been denied a Building/Zoning Permit,that I(ive) have submitted all the
required information to appeal for a Variance,and that said infor»ration is factual.
Signed by: .�—�C Date:
Propilky Owner(s)
(Note: No other signature may be substituted for the Property O►vner's Signature)
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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.
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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.
(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.
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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.
(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.
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.
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VARIANCE PROPOSAL
KINGLAND CAMPUS PROPERTIES
2422 LINCOLN WAY
AMES, IOWA
The City of Ames has determined that parking proposed as part of the Kingland redevelopment project in
Campustown does not comply with setback standards in the CSC zoning district. This is a unique
circumstance brought about by an unusual property line configuration. Therefore, Kingland Campus
Properties, the owner of the project, is applying for a variance from application of the City's zoning
ordinance.
Issue Description
As part of its office/commercial redevelopment project, a significant increase i necessitated parking in this
neighborhood was required to attract office and retail tenants and make the project financial feasible.
Although off-street parking is not required to be provided by zoning regulations, assurance was provided
by Kingland, in response to the City's and prospective tenants' request, to provide a substantial number
of parking stalls as part of the project. Originally, a surface parking lot, extending from Stanton Ave. to
Welch Ave., was proposed. That design included construction of a retaining wall on the south boundary
of the site. This parking/retaining wall design was not subject to setback requirements that would be
required for construction of a structure. To maximize the parking provided the plan was modified in
discussions with the City in late 2012 to provide a parking lot with underground parking, covering the
easterly portion of the parking area. The substantial grade change that occurs between Stanton Ave. and
Welch Ave. allowed a creative design, effectively providing at-grade access to a lower level parking lot
from Welch, as well as an at-grade upper level accessed from Stanton. No internal vehicle circulation
between the two levels is provided. Originally anticipated to be ruled as two surface parking lots with a
retaining wall, the City has ruled that the parking provided will be considered a"structure", requiring
compliance with a 10 foot setback from the south property line.
The proposed parking maintains the required 10 foot setback for the eastern 4/5ths of the site. However,
the south property line jogs approximately 10 feet to the north at the mid-point of the site, and angles
slightly northwesterly. The result is that to maximize the parking in the facility, a 10 foot setback cannot
be provided west of the property line jog, resulting in an approximate one to two foot setback for the
remaining 45'of the planned 226' parking lot.
Variance Request
The City's zoning ordinance lists several standards to be considered in the approval of a variance. The
manner in which this proposal complies with those standards follows:
1(a). "The granting of the variance shall not be contrary to the public interest."
The redevelopment of this site is clearly in the interest of the City of Ames and carries out its stated long
term goals for the neighborhood, as found by the City Council in its approval of the project. It is also in
the public interest to provide additional parking in the neighborhood as part of this redevelopment
project. In response to the City's request during consideration of the redevelopment proposal, the
amount of parking will be maximized through the granting of this variance. The effect of this plan will not
be to devalue adjacent properties but, in fact, may have the effect of increasing the economic health of
this mixed use neighborhood through the provision of more ample parking to serve the commercial
needs.
Setback regulations are created to assure that adjoining properties will not be negatively affected by
construction of a building on a site. In crafting these regulations, a "structure"anticipated by the
regulations is customarily considered to be one that extends above ground for one or more stories. In
this case, the"structure", composed of the lower level surface parking, a retaining wall and an upper
level, will be at or below grade. The retaining wall that extends approximately two to four feet above the
parking level, and one to two feet above the ground level, will only serve as a low wall, creating
separation for the parking from the adjacent property to the south (also a parking lot). The effect will be
that the structure will not impair the view of access to light for the adjacent property and the appearance
will be exactly like a surface parking lot that is, by zoning ordinance provisions, allowed to extend to the
property line. In similar fashion, the zoning code allows decks and similar structures not exceeding 24
inches in height to extend into required yards without limitation.
For these reasons, the parking structure, as proposed, is not contrary to the public interest, will not
devalue adjacent properties and carries out the apparent intent of the zoning regulations.
1(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."
The provision of additional parking on this site is an expensive undertaking. The additional
construction of the basement parking, which action results in the classification of the parking as a
"structure", will cost approximately $1,200,000. With 48 stalls provided by current design, this
amounts to approximately $25,000 per stall. The approximate 12 stall loss of parking that would
result from compliance with the setback regulations would result in costs increasing to some $33-
35,000 per stall, a 33-40% increase, which would call into question the viability of constructing
the parking.
The burdened portion of the setback area (see circled area in the enclosed diagram) would result
in a strip of land approximately 45' in length, roughly in the center of the property, that would
not be usable and would provide no benefit to Kingland or the adjacent property owners. It
would eliminate reasonable use by Kingland, yet not change accessibility or visibility related to
the adjacent property.
ii. "The plight of the owners is due to unique circumstances and not to the general conditions of the
neighborhood."
Most of the parking complies with the setback requirements, but the unusual "jog" in the south
property line results in non-compliance for the small area west of the lot line jog. To gain the
needed increase in parking and to comply with the City's parking stall and aisle dimensions, the
parking has been designed to the minimum dimensions required. This, in combination with the
unusual lot line configuration, has caused the need for the variance. It is an unusual
circumstance, unique to this site and unlike other properties in the vicinity.
N. 'The use to be authorized by the variance will not alter the essential character of the locality."
This portion of this site has been used as a surface parking lot extending to this same property
line for many years. The approval of the variance will result in the construction of a parking lot
that will effectively appear to be an at-grade, surface parking lot, much the same appearance as
has been in existence on the site for many years.
"(c) The spirit of the ordinance shall be observed even when the variance is granted."
As part of the project, Kingland worked with the City to re-plat the property to include the several parcels
in this project into a single plat, which was completed and recorded April 9, 2014. Prior to that time, the
offending area subject to this variance request was a side property and the setback requirement would
not have applied. It is only through the re-plat of the several parcels that this area of the property is
now considered the back, and subjected to the setback requirement.
As noted in #1(a) above, the spirit of the ordinance is observed through the granting of this variance.
The land use policies for this neighborhood exhibit a desire for a mixed use neighborhood and the
provision of adequate ancillary uses, such as parking lots, to serve those uses. The provision of
expanded parking in this manner carries out that intent. The fact that this surface parking lot will not
have the appearance of a building adjacent to the property line, but in fact will resemble the surface
parking lot and retaining wall that have existed on the site, means that the intended result of setback
regulations for"structures"will be observed.
'(d)Substantial justice shall be done as a result of granting the variance."
The zoning regulations are written to cover the dominant land use and development circumstances that
are encountered on a regular basis. It is impossible to craft a zoning ordinance that can anticipate every
potential circumstance that will be encountered in its enforcement, particularly in redevelopment projects.
In this case, an unusual property line configuration and the nuance of "structure"that has resulted from
design of a below grade surface parking lot, coupled with a retaining wall and upper level surface parking
lot has created this unique circumstance. This is precisely the condition the variance process is designed
to address. Substantial justice will be done in allowing this variance. It will allow this essential
redevelopment project to proceed, providing better parking conditions in the neighborhood without
impairment to neighboring properties.
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Application Form Last Updated: March 25, 2013
Variance
Site Plan Checklist
(For Properties Occupied by a Single-Family or a Two-Family Dwelling)
(This form must be filled out completely before your application will be accepted)
The applicant shall submit a Site Plan, drawn to scale, that clearly shows the Variance
being sought. The Site Plan shall be a reproducible, black line drawing on a sheet of
paper no larger than 11"x17". If the project for which the Variance is sought is a single-
family or a two-family dwelling, or other use exempt from the requirement for a "Site
Development Plan", then the Site Plan shall include, at a minimum, the following
information:
(NOTE: If the proposed project requires approval of a "Major or Minor Site Development Plan",
it should be included with this application for a "Variance", not the Site Plan described on this
checklist.)
dimensioned property lines
1�-Abutting streets and alleys
Location and size of all existing and proposed buildings and structures (include distances to
all property lines and distances between buildings and structures.)
Required setbacks
-Driveways and parking areas, fully-dimensioned
Other pertinent information necessary to fully understand the need for a Variance (e.g.:
significant change in topography, location and size of mature trees, etc.)
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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 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice slrall 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 y,X 2 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.
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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.
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Signed by: Date: o ��
operty Owner
Print Name
(Note: No other signature may be substititted for the Property Owner's Signature.)
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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 Ames, Iowa.
It is our understanding that lZlejj��/ - --l-lehas filed an
appeal with the Zoning Board of Adjustment to allow
As adjoining property owners,we would have no objections to the issuance of this building
permit for the purposes stated above.
NAME ADDRESS
DATE
r S-rt'e", 7
64,"ns fowyr-s 117 Sf-ewrrim Alv-t S/47/av/