HomeMy WebLinkAbout~Master - Variance to eliminate an 85 foot long segment of the rear setback at 2422 Lincoln Way t l
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CITY OF AMES, IOWA JUN 2 5 2014
ZONING BOARD OF ADJUSTMEN cl=ry is t._
Clr,�nF S In'NA
IN THE MATTER OF THE
APPLICATION OF KINGLAND CAMPUS CASE NO. 14-15
PROPERTIES FOR A VARIANCE,
§ 29.1504(4),AMES MUNICIPAL CODE, GEOCODE NO. 09-09-127-190
TO ELIMINATE AN EIGHTY-FIVE (85)
FOOT LONG SEGMENT OF THE REAR DECISION & ORDER
SETBACK ON THE PROPERTY
LOCATED AT 2422 LINCOLN WAY
FACTS
This property is located in the "CSC" (Campustown Service Center) along the south side of
Lincoln Way, north of Chamberlain Street, east of Welch Avenue, and east of Stanton Avenue.
The applicant intends to develop a three-story, 75,000 square foot building with retail and office
uses. The project also includes a parking area behind the proposed building on the south portion
of the property. The parking area will extend across the block from Stanton Avenue to Welch
Avenue. The parking area will include twenty-two (22) spaces of surface parking and ninety-
three (93) spaces in a two-level parking structure across the southeast half of the property. The
structure is designed to generally appear "at grade" as viewed from the east along Stanton
Avenue where you would enter the top level. The bottom level is inset more than one hundred
(100) feet from Welch Avenue to the west and would appear as a one-story structure with the top
level similar in height to the adjacent property to the south.
The minimum required building setback from the rear lot line in the CSC zone is ten (10) feet.
The rear setback for the subject property is along the south property line. The south property line
has a jog near the center of the property line, which shifts 7.98 feet to the north at a location
190 feet west of the southeast property corner. The south property line continues 190.33 feet to
the southwest corner.
The parking structure will occupy the east 225 linear feet of the parking area and be located
10 feet from the property line up to the shift in the property line, where it is proposed with no
setback. Since the alignment of the south wall of the structure does not shift with the property
line, the west portion of the south wall will only be two feet from the west segment of the south
property line and thus will not comply with the minimum 10-foot setback distance. In this area,
the elevation of the upper parking deck surface is near the elevation of the ground south of it or
less than three feet above it. West of the parking structure is a large trash enclosure, with a south
wall on the same alignment as the parking structure. It will not comply with the rear setback if
the trash enclosure has a roof. A retaining wall extending west to Welch Avenue along the same
alignment as the south wall of the parking structure and trash enclosure retains the natural grade
and thus is not required to comply with the rear setback. Therefore, the proposed parking
structure and trash enclosure do not comply with the rear setback for approximately 85 feet of
the total 383 foot length of the rear property line. The applicant is requesting a variance to
eliminate the rear setback for a length of approximately 85 feet to the west of the shift in the
alignment of the south property line. Staff presented evidence that the application met all of the
criteria for a variance and recommended approval. The applicant presented no evidence to the
contrary.
DECISION
The Board considers the standards applicable to variances from the provisions of the zoning
ordinance. In this case, the Board finds that all the criteria for a variance required by Ames
Municipal Code section 29.1504(4) have been met. First, the granting of the variance is not
contrary to the public interest. Second, the denial of the variance would cause an unnecessary
hardship. Third, the spirit of the ordinance will be observed if the variance is granted. Fourth,
substantial justice will be done as a result of granting the ordinance. In light of the evidence
presented and the findings in the staff report, the Board determines that all the criteria for a
variance have been met and the granting of the variance is appropriate.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is Granted a variance, section 29.1504(4)
of the Ames Municipal Code, to eliminate an eighty-five (85) foot long segment of the rear
setback for the construction of an underground and at-grade parking structure and covered trash
enclosure for the property located at 2422 Lincoln Way.
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 281h day of May, 2014.
ily Burton Sandra McJimsey /
Se retary tot Board Chair