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Application Form Last Updated: January 6, 2015
APR 16 2015 Z 13 A - I -
CITYOFANIES
DEPT.OF PLANNING&IHC USING WA Variance
Application Form
(This form must be completely filled out before the application will be accepted)
1. Property Address for this Variance Application: 201 Gray Ave, Ames, IA
2. Legal Description (attach if lengthy): Parcel J, Block 3, College Heights Addition
(FKA Lots 1,2,5 and 6)
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: An addition to the existing structure that extends into
the 25' Front Yard setback requirement.
4. The Zoning Permit was refused because:
5. Property Owner: Alpha Gamma Rho Eta Alumni Corporation
Business:
Address: 511 Washington Ave, Iowa Falls, IA 50126
(Street) (City) (State) (Zip)
Telephone: 641-648-4285 641-648-3001
(Home) (Business) (Fax)
6. Applicant: Same
Business:
Address:
(Street) (City) (State) (Zip)
Telephone:
(Home) (Business) (Fax)
7. Contact Person: Michael J. Nissly
Business:
Address: 511 Washington Ave, Iowa Falls, IA 50126
(Street) (City) (State) (Zip)
Telephone: 641-648-4285 641-648-3001
(Home) (Business) (Fax)
E-mail address: mn@nisslyandnissly.com
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Application Form Last Updated: January 6, 2015
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)certify that I(we) have been denied a Building/Zoning Permit,that I(we) have submitted all the
required information to appeal for a Variance, and that said information is factual.
Signed by: e \ /G'-�� Date: �l 11
Property Owner(s)
Michael J. Nissly
(Note: No other signature may be substituted for the Property Owner's Signature.)
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Application Form Last Updated: January 6, 2015
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.
See attachment
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Application Form Last Updated: January 6, 2015
(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.
See attachment
(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.
See attachment
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Application Form Last Updated: January 6, 2015
(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.
See attachment
(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.
See attachment
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Application Form Last Updated: January 6, 2015
(d) Substantial justice shall be done as a result of granting the variance.
Explain how the request meets this standard.
See attachment
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Application Form Last Updated: January 6, 2015
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 shall be posted by the
City on the subject property. One notice sign shall be posted for each property. Required signs
shall be posted along the perimeter of the subject property in locations that are highly visible
from adjacent public streets prior to the public hearing.
The owner of property at 201 Gray Ave 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.
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.
Signed by: Date:
��
Property Owner
Michael J. Nissly
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
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