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Home My WebLink AboutA8 November 2, 2015 To the City of Ames Office of Planning and Housing and The Zoning Board of Adjustment; We are writing concerning your recent vote at the Oct. 28, 2015 meeting of the Zoni g Board of Adjustment, (ZBA). The Exception for Minor Area Modification, whichdidn't pass on the I"of 2 votes, that gave a variance to Jim and Lo Jean Peterson at 2814 Duff Ave to build a 12-foot 3`d car garage stall. The discussion and meeting shocked and disappointed us, and showed a lack of professionalism on behalf of the ZBA. There are six main points that we identified where either information was ignored oi you were misled during the meeting: 1. In the diagram of the report submitted by City of Ames Department of Planning and Housing Report to the Zoning Board of Adjustment, shows that the front.of the garage is 5'-8" from the front lot line. This contradicts the department's narrative on page 1 of the report, and the sworn testimony of the builder who submitted the request, where he stated he did not need a variance for the front of the garage, and that the front of the garage can meet the 6' requirement. The stated only the back half of the proposed addition would encroach into the required setback. Upon close review of the plans, it is questionable whether or not the entire/more of the structure encroaches upon the setback. We also question the authenticity of the measurements provided in the report, and du to the repeated use of"approximation" in the report, highly doubt there was an official survey done on the property. 2. At the meeting, your committee asked the staff member of Ames Housing arid Planning twice whether any neighbors called, for which their response was "no". That was false. Unfortunately, Kurt was out of town on business and Melba as attending to her 90-year-old mother and could not attend the meeting. We dill call and talk to Kelly Diekmann and Justin Moore, City of Ames Housing and Planning. We called a total of 4 times; the last call was made to Justin Moor at 10:37 am Monday Oct. 26th. In the 4 phone calls we had questions, voiced concerns, and were told the variance wouldn't pass without staff approval. They told us that their report stated they would not recommend this variance, and assured us that it was highly unlikely an exception such as this would pass. ased on their statements we did not write an objection. They are new neighbors as of this year and thought the City could tell them they are asking their neighbors to be encroached upon so they can store boats and big pick up trucks. Had the Planning and Housing staff mentioned multiple calls with questions and concerns froin neighbors, the decision might have been different. 1 3. We believe you were terribly misled about the size of their boat and not fitting into their current garage. Their boat does fit in their current stall as they stored (2) boats in their garage over the summer and one could easily walk between them, even with storage on both sides. Perhaps that was the reason why a visitor to their home was ticketed for being over the sidewalk, because vehicles were parked in the driveway so the visitor had no room. They could park their car and their "smaller" older pick up truck in the garage, but that was never mentioned. P rking is an issue for them, but when they bought this house approximately seven months ago they knew they would have too many vehicles to fit into this property correctly. Why should we give up our property rights so they can park a boat or two boats and their biggest pick up truck in the garage? There is storage clos r to Ames, than 18 miles to Roland, as was stated. The new garage they are proposing does not have to be sized to fit their largest vehicles. They could build a 3rd-3tall to the garage without encroaching on our property. 4. They also embellished on the financial hardship of adding a load-bearing be and removing the brick wall. They grossly overstated the size of the beam that would be needed. We believe they could remove the current brick wall and accomplish storage without encroaching on our property rights. Further, finaricial hardship is hard to argue, as it is well known in the community that they just received a large sum from the sale of inherited farmland and are currently doing extensive remodeling to their home. 5. The Peterson's builder referred to the Olson's in the meeting as, "having abandoned the property along the north side of their fence", this is not true. ft is true we did not stop them from installing a temporary fence—which is mad out of"hog panels"—to keep their dogs in,but we are not relinquishing our rights. We need access to the north side of our brick fence to tuck point and maintai ri the fence. We spent three months in the last year re-tuck pointing much of our fence and have never shown any intentions to abandon our property or rights concerning the care of our fence and the property it sits on. The previous owner had permission to grow beautiful roses and vegetables on the other side of our fence, which she shared with our neighbors and us. 6-. It was never mentioned in the hearing, the builder's intent on how to manage a 20+-year-old tree that is on our property. In order to allow for the new garage,the tree will need to be significantly cut back. Due to the extent of the trimming that will be required, we are concerned there will be damage to the tree from pruning and root damage from laying the encroaching foundation. We hope to retain the tree,to help mask the proximity of the new unsightly garage. Since the hearing, Justin Moore and Kelly Diekmann from City of Ames Planning a d Housing, informed us we have the right to appeal the decision. Additionally, we are considering having our attorney file an appeal should the ZBA adopt the variance oil November 12th. We also have ordered a"professional survey"to be done on the north side of our property. We also ask that you consider the precedence you have set with other Ames homeowners and the implication this concession will make going forward. If this variance is adopted, many homeowners within this community will become aware, and will be pleased t know the recommendations that come from the Planning and Housing committee are of little relevance to the ZBA. Without proper forethought and appropriate planning, it is apparent the ZBA will overrule Planning and Housing and infringe upon the neighboring property holders rights. Sincerely, Kurt and Melba Olson 2810 Duff Ave Ames, Iowa 50010 Fw: Oct.28,2015 (ZBA-15-20) Vote on Peterson/2814 Duff Kelly Diekmann to: Mark Lambert 11/04/2015 12:22 PM Cc: Erin Cain,Justin Moore Heads up,the potential appellant of this case sent the email below to the ZBA,and they may start asking questions of the City. Kelly Diekmann Planning and Housing Director 515.239.5400-main 515.239.5181 direct 1 515.239.5404 -fax kdiekmann@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CitvofAmes.org " Caring People " Quality Programs " Exceptional Service" Ames!" -----Forwarded by Kelly Diekmann/COA on 11/04/2015 12:21 PM----- From: Michael Davis<mike.philip.davis@gmail.com> To: Melba Olson<kmolson7@msn.com>,"shelbarama@gmail.com"<shelbarama@gmail.com>, "bradbury@iastate.edu"<bradbury@iastate.edu>,"mkoehler@live.com"<mkoehler@lives m>, "kyleaperkins@gmail.com"<kyleaperkins@gmail.com> Cc: "jmoore@city.ames.ia.us"<jmoore@city.ames.ia.us>,"kdiekmann@city.ames.ia.us" <kdiekmann@city.ames.ia.us>,"kmarren@city.ames.ia.us"<kmarren@city.ames.ia.us>, "ckuester@city.ames.ia.us"<ckuester@city.ames.ia.us>,"kurtdolson@gmail.com" <kurtdolson@gmail.com> Date: 11/04/2015 11:02 AM Subject: Re:Oct.28,2015 (ZBA-15-20)Vote on Peterson/2814 Duff What is the story on the phone calls that Kurt and Melba made? They mention talking to Kelly Diekmann and Justin Moore,which I believe would certainly fall under city staff being contacted. On Wed, Nov 4, 2015 at 10:32 AM Melba Olson <kmolson7Pmsn.com>wrote: To the City of Ames Office of Planning and Housing and The Zoning Board of Adjustment;