HomeMy WebLinkAbout~Master - Exception for Minor Area Modification at 2814 Duff AvenueCITY OF AMES, IOWA
ZONING 130AIZD OF ADJusTmEN
IN TI114' MATTER OF T"II E�
AI'1'1-.I('-'A'1'1()N OFJIM AND L,OJI, AN
PETERSON FOR AN EXCEPTION FOR
MINOR AREA MODIFICATIONS,
§ 29.1506(c), AMES MUNICIPAL CIODE,
TO ALLOW A G'ARAGE.T0 EXI'END
TWO FEU.'J INTO THE MINIMUM
REQUIRED SIDE: WARD SETBACK OF
6 FEET" ON 141E PROPERTY LOCATED
AT 2814 1) 13 FF AVENUE
CASE NO. 15-20
NOV 2015
CITY OF AMES, IOWA
GEOCODE NO. 05-26-35.5-050
DECISION & ORDER
Idse ('onstruction, Inc. was the applicant, on behalf` of property owners Jitri and Lo Jean
Peterson. Justin r,"ise testified. as did Lo.lcan Peterson. The property is zoned 10, (1esldcntlal
Low Density). It is a one-story, single-family residence with an attached two -car garage. 'file
11011le was built In 1971, per the Assessor's records. 'file property is approximately 105 feet wide
on the front and from 120 to 125 feet deep. The front of the existing house is parallel to the front
property line and set back 30 feet from the front property line. 'I he garage portion of the. house is
one story tall and 24 feet wide by 231 1'ect deep. The garage is 18 feet from the south Property
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line at the front and 16 feet frond the South property line at the back corner. Since the IAOUSC is
considered as having oric story above grade, the required Ininilut.1111 side setback is 6 f'ect.
Currently, the attached garage is a two -stall wide structure. The homeowner wishes to add an
additional stall oil the south side that Would be 12 I'cet wide, The addition Would extend beyond
the 24 Im width of the existing garage to irlCILIde a 12 foot wide by 24 1'(.)ot deep addition oil file
South side of the existing garage. 1�
An exception for minor area modification to allow file garaoc
to extend 2 feet into the mininlUrn required side yard setback of f'ect is requestc(l. Since the
SOLIth W,111 of the garage is not parallel to the south property line, approximately half of the
proposed addition would encroach into the required setback.
Staff noted that no) calls had been received frorn neighbors. Staff recornmended that the Board
not approve the application, as staff` believed that only six of the eight criteria had been met. The
two criteria the staff felt were not met were criterion 91, "Special ( I irCLIIuSt,.1IlCCS or practical
difficulties apply to the property such that the terms of the ordinance cannot be satisfied," and
criterion J47, "The minor area modification is the minimum necessary to achieve the desired
result."
Mr. Ilse testified as to the difficulty of the property given the angle of the property. The
applicants Would like three garage stalls to park their two trucks and one car. This Would avoid
there or guests having to park on Duff Avenue on occasion. Mr. I"Ise noted that Without the
exception, the new garage stall could only be 10 feet wide, which would leave only a I'm on
each side, not enough for exiting the vehicle. Ile had considered taking out the existing brick
wall and adding a support beam in order to build the garage Witll(.)Llt encroaching on the setback.
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but that Would be cost -prohibitive. Mr. Else also noted that a stone wall C011StrUCtCd by tile
neighboring landowner was 19 inches from the property line, so that even with the two foot
1,
encroachment in the setback, the appearance would he a larger setback area because of the
19 inches from the applicant's property litre to the neighbor's stone fence.
PECISION
The Board considers the standards in Anics Municipal Code section 29.1506(c), and considers
the facts above and determines that the eight criteria in sections 29.1 506(c)(i-viii) are net. ']'here
are special circumstances and/or practical difficulties that apply to the property Such that the
tarns ol'the ordinance cannot be satisfied, and the exception for a minor area modification is the
rnininlurn necessary to achieve the desired result. Theref'Ore, the Board grants the, exception for a
mirror area setback to allow the garage to extend two feet Into the luirlinn.1111 side -yard setback of
six feet.
ORDFAZ
WHEREFORE, IT IS ORDERED that the applicant is GRANTED, section 29.1 506(c) ol'the
Allies Municipal Code, an exception for minor area setback to allow a garage to extend two feet
into the minimum required side -yard setback of six 1'ect far the property located at 2814 F)LIA'
Avenue.
All\/ person desiring to appeal this dCClSiOu to a Court 01'rCCOI-Cl May do so7 Within 30 days after
the filing ot'this decision.
Done this 28"' day of'(._)ctober, 2015
E'rin Cain
Secretary to the Board
Shelby 1"'b9
Chair �
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