HomeMy WebLinkAbout~Master - Variance to allow a reduction in the minimum front yard setback at 201 Gray Avenue CITY OF AMES, IOWA DEC 1 2015
ZONING BOARD OF ADJUSTMENT
IN THE MATTER OF THE CITY OF AMES, iowA
APPLICATION OF ALPHA GAMMA CASE NO. 15-09
RHO ETA ALUMNI CORPORATION
FOR A VARIANCE, §29.1504(4), AMES GEOCODE NO. 09-09-227-020
MUNICIPAL CODE, TO ALLOW A
REDUCTION IN THE MINIMUM FRONT DECISION & ORDER
YARD SETBACK ON THE PROPERTY
LOCATED AT 201 GRAY AVENUE
FACTS
The subject lot is located in the "RH" (Residential High Density) zoning district and in the
"O-UIE" (East University Impacted Area) zoning overlay district. The lot is located at an
unusual intersection where Gray Avenue, Gable Lane, and Sunset Drive all intersect forming a
semi-circle street frontage. The site is used by the Alpha Gamma fraternity. The property is on
the east end of a block and has streets on three sides. Because of the street curvature, the
property has a front yard setback on three sides and a side yard setback from the other property
boundary on the west. The on-site parking is located between the west property boundary and
the building, which is the only location that meets the zoning requirements for the location of
parking. Only about twenty (20) feet is available between the north and south ends of the
building and the setback. There is approximately forty (40) feet for an addition to the east
between the building and setback line.
The applicant desires to construct an addition to the existing structure. The proposed addition is
5,400 square feet on three levels. The lower level will contain fixed seating for presentations and
meetings, as well as an open, level area for overflow and more informal gatherings. The first
floor of the addition will provide a living room, replacing the existing living room. The second
floor will add fourteen (14) study spaces. The current main entrance is in the approximate
midpoint of the east fagade of the building. The addition is to the north of the entrance, about
forty-three (43) feet wide and extending east a distance of forty-seven (47) feet from the current
east face of the building. The northeast corner of the building will be twenty (20) feet from the
front property line, or five (5) feet closer than the twenty-five (25) foot minimum front yard
setback. Therefore, the applicant is seeking a variance from the minimum front yard setback
requirement.
Staff presented evidence that all criteria for a variance as required by Ames Municipal Code
section 29.1504(4) have not been met. Specifically, staff found that one criterion was not met,
that the land in question cannot yield a reasonable return if used only for a purpose allowed in
the zone. Staff stated that the property has been providing a reasonable return with the current
building. Although the applicant will need to maintain the quality of the fraternity in order to
maintain the return, staff state that the applicant had not demonstrated that a reduction in the
addition could not also yield a reasonable return. The Applicant provided evidence that to be
competitive with the University's new and proposed dormitories, the fraternity must have a
sufficient addition. The applicant stated that although there is an alternative architectural plan,
the alternative would alter the character and aesthetics of the original building. The applicant
added that there is a large discrepancy in the cost to the University per student verses the cost to
the applicant for the addition; therefore, the applicant argued that it met the criterion.
DECISION
The Board considers the standards applicable to variances from the provisions of the zoning
ordinance. In this case, the Board finds that all criteria for a variance as 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, 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 from the
minimum front yard setback requirement, table 29.704(3) and section 29.1504(4) of the Ames
Municipal Code, to allow a reduction in the minimum front yard setback from 25 feet to 20 feet
for the property located at 201 Gray Avenue.
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 27th day of May 2015.
Erin Cain She by el
Secretary to the Board Chai