HomeMy WebLinkAbout~Master - Variance to allow a reduced rear yard setback at 426 Sunflower Drive CITY OF AMES, IOWA AUG 2 3 2017
ZONING BOARD OF ADJUSTMEN
CITY CLERK
CITY OF AMES. IOWA
IN THE MATTER OF THE APPLICATION
OF JUSTIN GREENFIELD, ON BEHALF CASE NO. 17-13
OF CLASSIC BUILDERS, FOR A
VARIANCE, SECTION 29.1504 OF THE GEOCODE NO. 09-08-212-150
AMES MUNICIPAL CODE, TO ALLOW A
REDUCED REAR YARD SETBACK FROM DECISION & ORDER
ON THE PROPERTY LOCATED AT 426
SUNFLOWER DRIVE
FACTS
Applicant, Classic Builders, Inc., seeks a variance to allow a reduced rear yard setback from the
20 foot rear setback requirement found in the development standards in Section 29.1202(5)-1 for
a single family attached house that is fully built and was constructed 7.2 feet from the east rear
property line.
Classic Builders, Inc., constructed single family attached homes located on two adjacent parcels
at 426 and 430 Sunflower Drive. City Staff approved the site plan prior to construction, which
showed that the property at 426 Sunflower Drive would be constructed 7.2 feet from the rear
boundary line of the property. Said approval, for the purpose of obtaining a building permit, was
done in error as the home at 426 Sunflower Drive was required to have a 20 foot rear set back as
set forth in Ames Municipal Code section 29.1202(5)-l. Unlike the subject property, the
property at 430 Sunflower Drive is on a corner lot at the intersection of Coy Street and
Sunflower Drive. As a result, the property at 430 Sunflower Drive has two front setbacks and a
required side setback of only 6 feet from the boundary on the east. Therefore, the property at
426 Sunflower Drive is required by the Code to have a 20 foot setback on its east boundary
because it is considered an interior lot, while the attached property at 430 Sunflower Drive is
required to have only a 6 foot setback on its east boundary because it is a corner lot.
All of the properties surrounding the subject property are zoned either FS-RL or RL, with both
designations constituting Residential Low Density zones in which single family attached and
detached housing is allowed.
City Planner Justin Moore reviewed the Application in detail with the Board of Adjustment and
presented the recommendation of the Department of Planning and Housing. The Department's
recommendation to the Board was that the standards necessary to grant a variance under Ames
Municipal Code section 29.1504(4) were not met in the Department's opinion. Planner Moore
acknowledged that the approval and issuance of the building permit by the City Inspections Staff
with knowledge of the proposed 7.2 foot set back was erroneous, and that the error resulted in
the construction of the subject property which did not meet the required rear yard setback.
The Board heard additional evidence in support of the Application from the developer of the
subdivision, Keith Arneson, and realtor, Seth Moulton, of Moulton & Associates. They
presented evidence regarding the construction of the property, evidence concerning the
development of the subdivision as a whole, and evidence that the cost to reconstruct the property
in such a manner as to meet the rear setback requirement would necessarily require significant
demolition and reconstruction of the adjacent property. The Applicant presented evidence that
the cost to modify the structure to meet the setbacks required by the Code would exceed
$300,000.00.
The Board also considered evidence provided by the Applicant in support of the variance request
by adjoining landowners in the form of an "Adjoining Property Owner Statement" attached to
the application. No evidence was presented indicating that any property owners in the vicinity of
the subject property objected to the requested variance, and no objections were made at the time
of hearing.
DECISION The Board considered the facts as detailed above and provided in the staff report,
and found that all of the relevant standards in Section 29.1504 were met and established by the
Applicant.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is GRANTED, pursuant to Ames
Municipal Code Section 29.1504 of the Ames Municipal Code, a variance from the required 20-
foot rear setback to allow the existing 7.2 foot rear setback, for the property located at 426
Sunflower 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 26`h day of July, 2017.
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Heidi Petersen helby Eb 1
Secretary to the Board Chair