HomeMy WebLinkAbout~Master - Variance request to allow additional overhead garage door lineal footage beyond the 27 foot limit at 1023 Hyland Avenue r--
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CITY OF AMES, IOWA FEB - g 2016
ZONING BOARD OF ADJUSTMEN
IN THE MATTER OF THE CITY OF AMES, IOWA
APPLICATION OF JUDY AND BRUCE
VANCE FOR A VARIANCE TO THE
MAXIMUM ALLOWED CUMULATIVE CASE NO. 15-23
AMOUNT OF GARAGE DOOR LINEAL
FOOTAGE, §§ 29.408(7)(iii)(C) & GEOCODE NO. 09-04-101-140
29.1504(4), AMES MUNICIPAL CODE,
TO ALLOW THE CONSTRUCTION OF DECISION & ORDER
A DETACHED GARAGE WITH A
16 FOOT OVERHEAD GARAGE DOOR
ON THE PROPERTY LOCATED AT
1023 HYLAND AVENUE
FACTS
The property at this address is a single-family detached home with an attached two-car garage,
which was constructed in 1950. The zoning district in which it is located is designated RL (Low
Density Residential). The property is a flag lot measuring 543 feet deep on the north side,
330 feet deep on the west side, 331 feet deep on the south side and 303 feet deep on the east side
leading to the driveway which travels to a 30 foot deep frontage point at Hyland Avenue. Access
to the property is from Hyland Avenue. The lot is located on a wooded property totaling
2.56 acres located on the west side of Hyland Avenue. The homeowners desire to construct a
detached garage with a 16 foot overhead garage door. The Applicants are requesting a variance
to the City's standard that limits the cumulative amount of garage doors on a property to
27 linear feet under sec. 29.408(7)(iii)(c). The City adopted the standard in 2010 to clarify that
there was no limit on the amount of parking spaces, but there was a limit on the size and amount
of garage doors. Roll up doors that are less than 8 feet in width do not count against the
cumulative width standard. The Applicants' request is for a total of 34 feet of cumulative garage
door width as part of the construction of an additional detached garage. The addition of 16 feet
of additional overhead garage door would exceed the maximum allowed cumulative garage door
width by 7 feet. Staff notes that the property owner could add one additional 9 foot garage door
to the property without seeking a variance.
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
the neighborhood. Staff added that granting the variance would violate the spirit of the
ordinance. Lastly, given that there is a lack of evidence of a significant disparity in fairness for
this single family home verses other single family homes that are restricted to 27 feet of garage
door width, the substantial justice standard is not met.
The Applicants presented evidence that the additional garage footage would not affect the
neighborhood; in fact, it would not be seen by those passing by. Also, the current garage is
unique in that it has a bedroom located above it, making it difficult to fit two cars.
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 not been met. First, denial of the variance would not
cause an economic hardship that would effectively take all beneficial use of the property from
the owners. Second, the plight of the owners is not due to unique circumstances. Third, it
appears there are practical alternatives to a variance. Although the requested variance would not
alter the essential character of the area, the spirit of the ordinance would not be observed if the
variance was granted.
ORDER
WHEREFORE, IT IS ORDERED that the applicants are Denied a variance from the
maximum allowed cumulative amount of garage door linear footage, section 29.408(7)(iii)(c) of
the Ames Municipal Code, to allow the construction of a detached garage with a 16 foot
overhead garage on the property located at 1023 Hyland 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 9th day of December, 2015.
i
Erin Cain e rby Ebe
Secretary to the Board Chair