HomeMy WebLinkAbout~Master - Variance to the Sideyard Setback Restrictions at 2957 Monroe Drive �H L L
CITY OF AMES, IOWA JUL - 6 2015
ZONING BOARD OF ADJUSTME
IN THE MATTER OF THE CITY OF AMES, IOWA
APPLICATION OF CLINT AND JAN CASE NO. 15-10
PETERSON FOR A VARIANCE TO THE
SIDEYARD SETBACK RESTRICTIONS, GEOCODE NO. 05-27-357-010
§29.701(3),AMES MUNICIPAL CODE, TO
CONSTRUCT AN ADDITION WITH A DECISION & ORDER
ONE FOOT SETBACK ON
THE PROPERTY LOCATED
AT 2957 MONROE DRIVE
FACTS
The property at this address is a single family detached home with an attached two-car garage.
The zoning district in which it is located is designated RL (Low Density Residential). The
homeowner desires to construct a third stall on the north side of the existing attached garage.
The home sits eight(8) feet from the side lot line, which is the minimum required for a two-story
home, and the addition the Applicant would like to build will encroach seven (7) feet into that
setback. The homeowner is asking for a variance to allow the construction. This property and
the neighborhood where it lies have some unique features that were incorporated when the area
was platted that impact this request. There are ninety-eight (98) residential lots in this area that
surround and abut a large internal green space that was dedicated as park land when the
subdivision was laid out. Since this park is completely landlocked by the privately owned
backyards of all these abutting properties, the developers also created open walkways that lie
between the side lot lines of the adjoining properties at fourteen (14) spots. These allow the
general public to gain access form the sidewalk along the street into the park. While some of
these walkways are paved, many are just grass covered, open spaces. One of these open grass
walkways lies to the north side of the Applicant's property, abutting the location of the proposed
addition. The dedicated open space between this home and the one on the north is twenty-five
(25) feet wide, and with the setbacks of six (6) to eight (8) feet which each home is required to
maintain, there should be roughly forty (40) feet of open lawn between the structures. Of the
ninety-eight (98) properties abutting the park accesses, only two (2) have been granted variances
to encroach into that open space. At this location, in 1999 the property on the north side of this
open space requested and received a variance to allow construction of a third stall garage which
encroaches into the side yard setback seven (7) feet. The one other property abutting an open
space that has been granted a side yard setback reduction through a variance was allowed to
reduce the setback to five and a half(5 ''/2) feet from eight(8) feet.
Staff presented evidence that all of the criteria for a variance had not been met. Specifically,
staff noted that the unnecessary hardship criterion was not met because the property could still
yield a reasonable return if the variance was denied. Also, staff found that the plight of the
owners was not due to unique circumstances because there are many other wedge shaped lots in
neighborhood. The Applicant presented evidence citing that many of the homes in the area have
three car garages and this one cannot compare favorably to them without the granting of the
variance. The addition has been designed to blend well with the existing homes and to preserve
their lines of sight to enjoy the view of the park behind them. The additional garage stall would
help keep parked vehicles off the street, which is a concern in this area of limited on-street
parking. Neighbors from the surrounding area spoke on behalf of the Applicant and supported
the granting of the variance.
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, a denial of the variance would cause an unnecessary
hardship. The Board agrees with the Applicant that the property would not yield a reasonable
return without the third stall garage. Also, the Board agrees with the Applicant that the wedge-
shaped lot is unique compared to all lots in the city. 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 to the side yard
setback requirements for the RL (Low Density Residential) zoning district, section 29.701(3) of
the Ames Municipal Code, to allow construction of an addition for a garage with a setback of
one (1) foot on the property located at 2957 Monroe Drive.
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 271h day of March, 2015.
Erin Cain Shelby Ebel
Secretary to the Board Chair J