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RECEIVED Application Form Last Updated: March 25, 2013
AUG 01 2014 7 /zl-J _
CITY OFAMES,IOWA Variance
DEPT.OF PLANNING&HOUSING Application Form
(This form must be completely filled out before the application will be accepted)
1. Property Address for this Variance Application: 2801 East 13th Street
2. Legal Description (attach if lengthy): See attached title commitment property
description.
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: A new 4,992 S.F. convenience store to be located five (5) feet
within the existing ten (10) foot wide rear yard setback along the north property line.
4. The Zoning Permit was refused because: N/A
5. Property Owner: Nick Halfhill c/o Kum & Go LC
Business: Kum & Go LC
Address: 6400 Westown Pkwy West Des Moines Iowa 50266-7709
(Street) (City) (State) (Zip)
Telephone: (515) 226-0128 (515) 223-9873
(Home) (Business) (Fax)
6. Applicant: Nick Halfhill c/o Kum & Go LC
Business: Kum & Go LC
Address: 6400 Westown Pkwy West Des Moines Iowa 50266-7709
(Street) (City) (State) (Zip)
Telephone: (515) 226-0128 (515) 223-9873
(Home) (Business) (Fax)
7. Contact Person: Randy Zerr c/o Civil Design Advantage, L.L.C.
Business: Civil Design Advantage, L.L.C.
Address: 3405 SE Crossroads Drive, Suite G, Grimes Iowa 50111
(Street) (City) (State) (Zip)
Telephone: (515) 369-4400 (515) 369-4410
(Home) (Business) (Fax)
E-mail address: randyz@cda-eng.com
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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 have submitted all the
required information to appeal fir a Variance,and that said information is factual.
Signed by: Date:
Property Own r(s) /
Nick Halfhill i
(,Yote: No other signat►rre may be substituted for the Piope►-n,Owner's Signatu)-e.)
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Application Form Last Updated: March 25, 2013
Variance
Supporting Infor-oration
(This form must be tilled 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.
The existing Parcel T" has limited depth and width. The five (5) foot rear
yard setback variance request will provide for a safer means of maneuvering
both vehicular and pedestrian traffic within the site and in and out of the
development.
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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.
The existing site consists of a Kum & Go convenience store with four fuel
dispensers Burger King no longer occupies the east bay of the building.
With the departure of Burger King, the site and building function has been
substantially diminished. Kum & Go cannot efficiently use the building investment,
via remodeling, as currently constructed. Additionally, the site currently has
drainage issues, on the north side, in the former Burger King drive through area. A
redeveloped site will allow all of these items to be addressed.
The proposed site will consist of a new 4,992 S.F. convenience store
with six (6) fuel dispensers and wider drive lane widths to provide for
better and safer vehicular circulation.
(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.
The existing Parcel "B" has limited depth and width. In addition the site
has a five (5) foot landscape setback along the south property line
which is also the north right-of-way line of East 13th Street. Without
the variance, the Applicant would be required to decrease the proposed
drive lane widths between the parking stalls and fuel pump canopy, and
between the fuel pump canopy and the site's southern most curb. Further
reduction is not reasonable due to the need for a fuel delivery truck to traverse
the site.
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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.
The proposed commercial development and use is consistent with the
surrounding commercial area. The additional five (5) feet of setback
allows for safer site vehicular circulation.
(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.
The variance will allow modifications to design standards that are not
currently provided within the Zoning Ordinance, but are necessary for this
development which is consistent with surrounding developments.
The rebuild of the Kum & Go site will allow our operation to better serve the
growth that Ames has experienced along the 13th ST corridor. Additionally,
the aging state and amended uses of the site (Burger King relocating) has
caused a need to solve several physical site issues. Rebuilding the site both
fix the issues and allow Kum & Go to update the store to accommodate our
updated usiness model which will, in turn, justify e needed reinves men .
An inability to reinvest in this site will eventually lead to the demise of the operation.
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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.
The five (5) foot rear yard setback variance will provide for a safer means of
maneuvering traffic between the parking stalls and fuel pump canopy and the
fuel pump canopy and the site's southern most curb. Decreasing the drive
lane widths further would cause the site's vehicular circulation to be
inefficient and at times congested.
Application Form Last Updated: March 25, 2013
Variance
Site Play Checklist
(For Properties Occupied by a Single-Family or a Two-Family Dwelling)
(This firm 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.)
C7 Dimensioned property lines
Abutting streets and alleys
LrJ Location and size of all existing and proposed buildings and structures (include distances to
�[all property lines and distances between buildings and structures.)
Lrl Required setbacks
Driveways and parking areas, fully-dimensioned
L:I 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)
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Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall 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 2801 East 13th Street 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.
1 understand that the signs will be placed on the property several days prior to action on the
F request by the Planning and Zoning Commission, Zoning Board of Adjustment, or the City
i Council, and may remain on the property until the request has been approved or denied by the
City.
i
Signed by: Date: �j�- -
Property wn
Nick Halfhill
Print Name
(Note: No other signature may be substituted 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 2801 East 13th Street Ames, Iowa.
It is our understanding that Kum & Go LC has filed an
appeal with the Zoning Board of Adjustment to allow the proposed 4,992 S.F. building to be
located five (5) feet within the existing ten (10) foot rear yard setback
As adjoining property owners, we would have no objections to the issuance of this building
permit for the purposes stated above.
NAME ADDRESS DATE
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