HomeMy WebLinkAboutA1 RECEIVED Application Form Last Updated: March 25, 2013
APR 2 7 2015
CITY OF AMES, 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: 2957 Monroe Drive Ames, IA 50010
2. Legal Description (attach if lengthy): Parkview Heights Subdivision, le addition lot 10
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:_Side Yard Setback Variance of 5' allow for the construction of a garage
addition which would accommodate a third car.
4. The Zoning Permit was refused because: Construction within side Yard setback
5. Property Owner: Clint and Jan Petersen
Business: None
Address: 2957 Monroe Drive Ames IA 50010
(Street) (City) (State) (Zip)
Telephone: 515-450-0659
(Home) (Business) (Fax)
6. Applicant: Clint and Jan Petersen
Business:
Address: 2957 Monroe Drive Ames IA 50010
(Street) (City) (State) (Zip)
Telephone: 515-450-0659
(Home) (Business) (Fax)
7. Contact Person: Clint and Jan Petersen
Business:
Address: 2957 Monroe Drive Ames IA 50010
(Street) (City) (State) (Zip)
Telephone: 515-450-0659 None
(Home) (Business) (Fax)
E-mail address: Petersenc79 gmail.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(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: Date:
Property Owner(s)
(Note: No other signature may be substituted for the Property Owner's Signature.)
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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
❑ 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 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 _2957 Monroe Drive 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: �z ---Date:
o rty Owner
rint 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
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.
The property at 2597 Monroe Drive is a wedge shaped lot located on a cul-de-sac. This
Property abuts a 25' park entrance on the north lot line. The home located to the north has
been granted a similar variance for side yard setback and as such sits within 1 foot of its
southern lot line. Even with both homes being granted a variance, the 25' clearance
provided by the park entrance will yield 27' of clearance between the two homes which
exceeds the City's safety requirements for side lot setbacks. Within sight of the property is a
second home that has been granted a similar side yard setback variance for the south side
that abuts another of the 15 park entrances.
The garage addition will not affect the personal safety or property values of neighbors or
those utilizing the park access. In fact, it provides a safer and more aesthetically pleasing
solution than 2 other alternatives for a third car parking space on this property. The other
two alternatives are a poured concrete slab or a six foot fence, both of which would
accommodate a vehicle to park outside. Both alternatives could be at the very edge of the
lot line and are allowable by the City Zoning Ordinance. The property owner is willing to
invest in a more aesthetically pleasing third car garage due to limited parking options on the
cul-de-sac especially during winter snow months.
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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.
There are three options for a third car stall addition to this home.
1. A north side garage addition requires the side lot setback variance under consideration.
2. An addition in front of the existing garage. Building an additional parking space in front
would require a similar side setback variance as is being requested in addition to a front
yard setback variance.
3. Building in the back yard would require a rear lot setback variance for a 4'
encroachment and be more costly to tie into the existing roof line. More importantly, it
would block the home's view of the park, an important asset that adds to the value and
enjoyment of the home and may be seen as encumbering to park users.
The variance requested provides the only economical solution to a third car enclosed
parking space.
Since 2012 the applicants have invested $31,000 in their home for energy and aesthetical
improvements. Soon they will begin a major kitchen remodel and expansion within the
existing footprint. The total investment in the home will approach $300,000 when the
kitchen remodel is completed. During the design phase for the new kitchen upgrade, a
question arose whether this was an appropriate investment given that most new homes in
the $300 000 price range could offer a third car garage. In fact, third car garages are present
in 11 homes in the Park View neighborhood.
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions of the neighborhood;
I e how that the physical circumstances on the subject property are
Peas s p y ) p p y
unique and unlike other properties in the vicinity.
Explain how the request meets this standard.
There is safety and privacy provided by side yard setbacks in Ames residential
developments. This lot is different than the vast maiority of Ames residential lots due to a
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Application Form Last Updated: March 25, 2013
25' park entrance on its North side which is owned by the city. This width is wider than
most spaces between homes built in Ames.
There are 15 park entrances with signs in the Park View addition. Although clearly identified
by signs, no two entrances are exactly alike. Fourteen of the fifteen are city owned. Park
View was established in the 1970's. Reagan Court to the east of Park View was established
many years later. When the Reagan Court development was established, a fifteenth park
access with a different philosophy was utilized. The latest park access did not require the
developer to establish a 25' city owned access with eight' setbacks for each abutting home.
Instead, an easement was granted. The distance between the two homes on this newest
park entrance is less than what would exist if the requested variance was granted.
The property is on a cul-de-sac. It's irregular shape narrows to the front of the lot. The back
of the lot opens to a large open space used for a variety of outdoor field type sports and
recreational uses. Granting the variance would have no impact on access or usage of the
park. Building an additional parking space in the backyard would detract from the value of
this property by obscuring its view of the park.
(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 garage is in keeping with others in the neighborhood. The garage's addition
design pays special attention to the roof lines and overall appearance of the existing home.
The addition will blend in with the home's appearance to make it look as if it were original
to the home. The garage will be compatible with the existing home and neighborhood.
(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.
Since the City owns the park access, it is likely to remain open. The park access has an
existing minimum width of 33', which includes the 25' owned by the City and 8' of
additional space between private structures. The reduction will have little effect on the
visual appeal of the entrance. In fact, the visual appeal of an enclosed garage will be better
than a poured slab with a pickup parked on the north side.
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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 newest park access is an easement providing access and allowing the homes to be located
approximately 25' apart. This indicates an acceptance by the Parks and Recreation Department
of a park access that will be less width than required in the past.
A safe distance will be maintained between the applicant's home and the neighbor's home to
the north. The distance between the applicant's house and the neighbors to the north will be
more than the existing distance to the south neighbor's home.
Of the 15 park access points, 13 have side lot restrictions such as 6' wood and chain link fences,
poured parking for additional vehicles, plants, trees, and hedges. Although these are allowable
without variances, an enclosed parking garage would not have any more effect on the park
access than the previous listed items.
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