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HomeMy WebLinkAbout~Master - Variance to allow 1" landscape rock in the East University Impacted Overlay (O-UIE) zone at 311 Ash Avenue rRECEIvED 0001S1 MAR 0 3 2017 Application Form Last Updated: January 6, 2015 ®EPTIO P ANN NG&iH USING Variance Application Form (This form must be completely filled out before the application will be accepted) 1. Property Address for this Variance Application: 311 AS N MIE S , )� 2. Legal Description (attach if lengthy): QN?A`' A Pr-)0'Qgt, 1,0,, P.l l_ai S -a i pi 2 No _S�L.i c:>E �-1 1\'o 2b -- 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: i '' A C. 0 PP o 5, 0 'T6 31-y" oao�.C_-" tt,_% (�FFEcrCO n2�A�i� 4. The Zoning Permit was refused because: iw 5 1NL1__A; ozJ F �" L��7 gyp►^'io Qo C_"r- 5. Property Owner: Business: Address: 3W 1Asa (Street) (City) (State) (zip) Telephone: (Home) (Business) (Fax) 6. Applicant: t©w� FsBPAon"vv1�E SJ ,Svc A'r 0—. I c Business: Address: mil i �5 �l AS r A Sabi O (Street) (City) (State) (zip) Telephone: (Home) (Business) (Fax) 7. Contact Person: ID0A v,.]o, y,VvL � Business: Address: CdZ Ary,cS 11A wocr- (Street) (City) (State) (zip) Telephone: 515-520 CD (11.111tiL5:--:;T (Home) (Business) (Fax) J E-mail address: a.�o\�� �14�L'n"�c,�tac�.,`�` a..Co(� �e�r.� �E,rk t i 3 Application Form Last Updated: January 6, 2015 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: pr Date: Property Owner(s) (Note: No other signature may be substituted for the Property Owner's Signature.) 4 Brief History on Landscaping Rock at FarmHouse Fraternity (311 Ash Avenue) Prior to the most recent expansion project at FarmHouse Fraternity, much of the existing structure was constructed in 1995. At that time, the remaining single- story structure and the new three-story structure were landscaped with 1" washed river rock (landscaping rock) around the perimeter of the fraternity house. This rock has remained in place in these areas since that time. It is believed that also in approximately the mid-1990's the City of Ames adopted an ordinance establishing that the maximum size of landscaping rock to be used in the neighborhood including FarmHouse Fraternity is 3/". While the precise date of this adoption has not been confirmed, it is believed that this occurred in response to VEISHEA riots which occurred on several occasions in the Campustown area. FarmHouse Fraternity is currently in the final stages of a $3.5 million construction and renovation project. This project has included the addition of a three-story structure to the south side of (and adjacent to) the portion of the house constructed in 1995 construction and renovation of much of the existing living quarters. During the most recent inspection of the FarmHouse site by the City of Ames, the landscaping material around the newly constructed structure and parking lot (newly constructed and existing) was noted as being out of compliance with City of Ames ordinances. First, the landscaping around the newly constructed structure was completed with 1" washed river rock to match the existing landscaping material which has been in place since 1995. Second, the landscaping around the newly constructed parking lot area (south portion) was completed with newly installed 1" washed river rock. The borders along the west and north sides of the parking lot which were virtually unchanged (no gradework/no alteration of existing 1" washed river rock) were also noted since new plantings were added in these areas to satisfy current City of Ames sheltering requirements. A summary of the current installation conditions and the requested modifications are shown on the attached drawing identified as Appendix 1. FarmHouse Fraternity has strived to comply with the requirements of the City of Ames in all aspects of this project. There were modifications to hallway ceilings, bathroom layouts, and the fire suppression system which were all designed and constructed after initial plans were approved. Additionally, pervious concrete was installed in a portion of the parking lot to accommodate the City's storm water runoff requirements. All of these items have already resulted in an increased cost (financial burden) to the FarmHouse Fraternity. FarmHouse Fraternity is requesting a variance on the landscaping rock size requirement in summary for the following reasons: 1. The installation of mulch around the perimeter of the parking lot will require increased maintenance on the part of FarmHouse Fraternity and will create a nuisance for the adjoining property owners. All three adjoining property owners have river rock (some as great as 1") on their property in areas adjacent to where FarmHouse Fraternity is currently being requested to install mulch. Over time, these materials will mix and create an unsightly lack of uniformity across the properties. Additionally, there is a significant slope between the north side of the FarmHouse parking lot and the adjacent parking lot for Alpha Phi. Over time, mulch (if installed) will mix with the rock on the Alpha Phi side of the property line and will most likely wash onto their parking lot creating an additional nuisance. 2. The maximum landscaping rock size of 3/4" reportedly dates back to VEISHEA and some of the riots which occurred on several occasions during VEISHEA. VEISHEA no longer exists and there are no current plans by the University for VEISHEA's return. Additionally, none of the riots which occurred during VEISHEA ever occurred on Ash Avenue where FarmHouse is located. 3. There has been 1" washed river rock at FarmHouse Fraternity since at least 1995 and there has not be any known incidents involving the landscaping rock being used as a projectile to harm another person or property. 4. Some of the affected areas have contained landscaping rock since at least 1995. Installation of mulch in these areas will result in additional costs to be paid for by FarmHouse Fraternity. 5. Washed river rock over time will require much less maintenance and will allow the men of FarmHouse to maintain their property in a much better condition than would be otherwise expected with the installation of mulch. 6. The current position from the City of Ames allows some 1" washed river rock to remain in designated areas on FarmHouse property. Additionally, there is existing river rock (in some cases 1") currently present adjacent to FarmHouse property. This rock on adjacent properties is also allowed to remain. If there is a perceived risk associated with 1" river rock, this risk will remain with the remaining 1" washed river rock on FarmHouse and adjacent properties. 1. Variance Standards a. The granting of the variance shall not be contrary to the public interest. By granting this variance, it will actually be in the public's best interest and more specifically in the adjoining property owner's best interest. As indicated previously, the adjoining property owners all have rock of varying size in areas which are adjacent to FarmHouse Fraternity areas which are currently requested to be mulched. Additional documentation of these areas as follows: Photograph #1 shows the area between the north side of the FarmHouse Fraternity parking lot and the south side of the parking lot for Alpha Phi Sorority. It can be seen that the Alpha Phi Sorority has rock on their portion of this area. Additionally, the FarmHouse Fraternity parking lot is elevated relative to the Alpha Phi Sorority parking lot. Since there is no retaining wall along the border of the Alpha Phi Sorority parking lot, foot traffic and surface water drainage is going to carry the proposed mulch from the FarmHouse side of the property line into the rock on the Alpha Phi side of the property line and ultimately into the Alpha Phi parking lot. This will undoubtedly create an unsightly condition for both property owners as well as a nuisance for Alpha Phi as the mulch will ultimately end up in their parking lot. It should also be noted that some of the landscaping rock on the Alpha Phi side of the property line exceeds W (lower left portion of photograph). This would be consistent with the size of landscaping rock proposed for the FarmHouse Fraternity side of the property line. Additionally, no modification to the north side of the FarmHouse parking lot was performed as part of the subject project. The only work done in this area as part of this project was the installation of some shrubs. Some of these shrubs can be seen in Photograph #1. - r -v T _Y Y Photograph #1. Westward view between FarmHouse and Alpha Phi Photograph #2 is a northward view of the area between the west side of the FarmHouse Fraternity parking lot and the east side of the Phi Kappa Psi parking lot. It can be seen that there is currently rock on both sides of the property line between the two parking lots. The installation of mulch on the FarmHouse side of the property line will ultimately lead to mixing of the mulch from the FarmHouse side of the property line and the rock on the Phi Kappa Psi side of the property line. This will ultimately lead to an unsightly condition for both property owners. - Mn r Photograph #2. Northward view between FarmHouse and Phi Kappa Psi Photograph #3 is a closer view of the southeast portion of the Phi Kappa Psi parking lot. Upon closer inspection of the area in the center of this photograph, it can be seen that the rock in this area exceeds W and is consistent with the rock currently installed on the FarmHouse side of the property line in this area. Any safety concerns associated with rock in excess of W will not be mitigated in this area as just a few feet away rock in excess of W will remain on the Phi Kappa Psi side of the property line. Additionally, roughly 2/3 of the west side of the FarmHouse parking lot was unaltered as part of this project with the exception of the installation of some shrubs. 3 Photograph #3. Close-up view of Southeast Portion of Phi Kappa Psi Photograph #4 is an eastward view of the FarmHouse side of the property with Phi Gamma Delta Fraternity (southern adjoining property owner). It can be seen that rock greater than W and consistent with the other rock installed on the FarmHouse property is currently installed in this area. It is currently being requested that this rock be replaced and rock no greater than W be installed. It should be noted that portions of this area are roughly no more than 30 feet from the area shown in Photograph #3 where rock in excess of W on the Phi Kappa Psi property will remain. Again, replacement of the rock in this area which was new construction as part of this project will not mitigate any potential concerns with rock greater than W as the larger rock will remain nearby. Xw y,a l Photograph #4. Eastward view of South Side of FarmHouse Parking Lot 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: N/A ii. The plight of the owners is due to unique circumstances and not to the general conditions of the neighborhood: Rock in excess of W has been installed on the FarmHouse Fraternity property since at least 1995. To date, there have been no known instances of persons throwing landscaping rock from the FarmHouse property at any other person or property. There have been no riots associated with VEISHEA (now discontinued) in this area. Additionally, rock in excess of %" will remain at both the FarmHouse property and on adjacent properties even if this variance request is denied. FarmHouse is requesting this variance in order to obtain a lower maintenance landscaping material consistent with its existing landscaping materials and the landscaping materials utilized by adjacent property owners. Additionally, by granting this variance request there will be benefits (and prevention of nuisance conditions) to adjacent property owners as previously identified. iii. The use to be authorized by the variance will not alter the essential character of the locality: As indicated previously, adjacent property owners currently have rock (and rock in excess of 3/") installed in areas adjacent to areas where FarmHouse Fraternity is now being requested to install mulch. Quite frankly, by denying this variance request and requiring mulch to be installed in the affected areas, the essential character of the locality and adjacent properties will be altered. c. The spirit of the ordinance shall be observed even when the variance is granted: By granting this variance request, FarmHouse Fraternity will be able to install and maintain a consistent landscaping medium on most of their property. Maintenance on this material will also be of a lower cost in terms of both time and material going forward. Since the men of FarmHouse (college students) will be responsible for this time and cost going forward, anything that can be done to make their job easier and less costly will be more likely to result in a well-kept property which should only increase the beauty of not only the FarmHouse property but the overall neighborhood. d. Substantial justice shall be done as a result of granting the variance: Many of the reasons for how justice will be done by granting this residence have already been stated previously and will not be repeated herein. Additionally, it should be noted that the landscaping changes/requirements (requested by City inspectors) were not initially identified until an inspection for the temporary occupancy permit was performed in August 2016 and final clarification of the expectations was not received until the attached drawing was confirmed on October 25, 2016. Prior to the time of this installation of the rock in the affected areas in August 2016 (prior to temporary occupancy permit inspection), there had been no communication or indication from City inspectors that there were any concerns with the proposed landscaping plans as long as the maximum size of the landscaping rock was no more than W. Ultimately 1" landscaping rock was installed in these area and it was not until the inspection in August 2016 that the City inspectors were then requesting mulch in many of the affected areas (post- installation). Quite honestly, substantial hardship will be endured by the men of FarmHouse Fraternity (increased maintenance), the many donors to this project (increased and duplicative costs to replace rock in the affected areas), and adjacent property owners (resultant unsightly and nuisance conditions) if this variance request is denied. Application.Form.Last Updated; January 6,2415 d j o ni Q �'��pe r�ty {Jw��r Statement (Completion of this form by the.applicant is optional) To 1fl/hom It.May Concern: We, the undersigned' awn property adjoining Ames;.lowa. It is our'understanding-thaf has filed an appeal with.the.,ZQning Board of Adjustment to..allovew'- As adjoining property owners;we would have no ob1ectians to the issuanoe.of this,building perm t.far the purposes stated above.. .NAME ADDRESS 'DATE _ 3 25 Ash A.�.•,�c Ass i� 2f�3 t 1.1 Application Form Last Updated: January 6, 2015 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 the subject property. One notice sign shall be posted for each property. Required signs shall be posted along the perimeter of the subject property in locations that are highly visible from adjacent public streets prior to the public hearing. The owner of property at -�i I ,q,3 4,1 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: Lam\ Date: Property Owner Print Name (Note: No other signature may be substituted for the Property Owner's Signature) 10