HomeMy WebLinkAboutA001 - Application (9) rM _J
MAY 18 2020 E-mail: planning@city.ames.ia.us City Clerk's Office:
515-239-5105/515-239-5142 FAX RECEIVED
CITY CLERK
CITY OF AMES, IOWA MAY 14 2020
CITY OF AMES IA
DEPT OF PLANNING AND HOUSING
2
Application Form Last Updated: August 8, 2017
Variance Application Form (This form must be completely filled
out before the application will be accepted)
1. Property Address for this Variance Application: 700 Douglas, Ames, IA
2. Legal Description (attach if lengthy): 09-02-330-060 Sec-Twp- Rng 02-83-24
3. / (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:
Off street Parking for 700 Douglas in the lot currently adjacent to the property to the North
and on the property of 708 Douglas
4. The Zoning Permit was refused because:
5. Property Owner:
Susan I Hurd
Business:
Address: �3275 400th Street, Roland, IA 50236
(Street) (City) (State) (Zip)
Telephone: _Office:515 388-4662
Cell: 515 290 4820
(Home) (Business) (Fax)
6. Applicant: Susan Hurd
Business:
Address:
Same as above
(Street) (City) (State) (Zip)
Telephone: _
Same as above
(Home) (Business) (Fax)
7. Contact Person: See Above
Business:
Address:
(Street) (City) (State) (Zip)
Telephone:
(Home) (Business) (Fax)
E-mail address:
_sshurd10@gmail.com
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Application Form Last Updated: August 8, 2017
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 or a Variance, and that said information is factual.
Signed by: Date: S�
Property
Owner(s)
(Note:No other signature may be substituted for the Property Owner's Signature.)
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Application Form Last Updated: August 8, 2017
Va.r lance Supporting Information (This form must be filled out
completely before your application will be accepted)
The Zoning Board of Adjustment can grant a Variance, only if all of the following
standards are satisfied. In order to facilitate review of this application for a Variance, the
applicant must address each of the "Variance Standards" set forth in Section 29.1504(4) of the
Zoning Ordinance, which are listed below.
(Note: The applicant's explanation of how the request meets each standard may be attached on
a separate sheet if sufficient space is not provided.)
'I. Variance Standards. The Zoning Board of Adjustment shall review each application for the
purpose of determining that the "Variance Standards" are satisfied. Pursuant to Iowa law, a
variance shall be granted only if all of the following standards are satisfied:
(a) The granting of the variance shall not be contrary to the public interest.
Please present information to indicate that the Variance will not result in injury or
endangerment to other property or persons, nor will it devalue nearby property.
Explain how the request meets this standard.
The proposed parking arrangement is the one that has been in place for
the past 40 years. There should be no change in the pattern of traffic or
pedestrian traffic, physical property or property values as result of
continuing this current process. No modifications would be proposed to
this property aside from the permission to permit the parking for the
residents of 700 Douglas , both Guest Lodging and tenants to be provided
by the established lot to the north. Both properties are owned by the same
entity.
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Application Form Last Updated: August 8, 2017
(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;
To meet this standard, please show that all beneficial use and/or enjoyment
of the property will be lost if the Variance is not granted. Supporting evidence
from a professional appraiser, realtor, or other professional, may be
necessary to support your appeal. The Zoning Board of Adjustment may
require documentation of loss of value in order to grant this variance.
Explain how the request meets this
standard.
Without the approval of this variance many uses and benefits of the property
will be compromised. The current proposal to bring the 700 Douglas
property in compliance with both the Special Use permit for Guest Lodging
and then the Minor site development proposal would require the east end of
this property to be paved. The current proposal on the table would require 4
concrete pads to be added covering the yard with a total about 1600 sq ft of
concrete. The plan proposed of placing the parking in this location to meet
the required parking code, has been determined non compliant as this is a
corner property.The front yard setback applies to this side yard and will not
allow required distance for the required parking to be on this site. "The front
yard of the home actually comes back to the most recessed part of the home
on the back side and therefore even the parallel design is in the front yard". J
Moore Ames City Planner
The traffic flow would become cumbersome as it appears the parallel design
is the plan that may fulfill the required lot dimensions to upgrade the parking
on this lot. However, as there is currently ample space and a simple traffic
pattern in the adjoining lot. "The parallel design is also not conducive to good
vehicle turning or movement when exiting." J Moore Ames City Planner
The stated inability to provide parking compliant with zoning would result in
the loss of the rental potential of this property. This would render the
property value to be completely lost.
Secondly, this yard space is currently a garden space for the residents and
a grass covered side yard for recreation. Residents grill out, use the picnic
table provided and have a clothes line for their use. The value of the
property as a pleasurable rental space is compromised when this yard and
family like atmosphere is covered by concrete. There are also trees in this
area that would potentially be destroyed as their root systems would be
compromised with the digging.
Finally, this home was built on this site in 1885 and is located in the
treasured and carefully zoned Historic District of the City. The beauty of this
area is that it is not overdeveloped and contains some historic essence. The
zoning is in place to preserve that. The remodeling of this property into a 4
Plex about 60 years ago preserved the beauty of the home and made it
possible to offer unique and historic living space to tenants over the years
with the sense of living in a home-like environment including yards and
recreational areas. My ability and my father's ability to maintain almost a
95% occupancy rate over the years has been due to its appealing
environment to the professional worker who is ready for a beautiful
neighborhood family-like environment away from the busy college scene.
We have been able to provide that type of space. Many of our residents held
leases for over 20 years.
It violates the code of maintaining the historical essence and the beauty of
these spacious historic properties to remove a side yard and replace that
with concrete when more than adequate parking has been in place on the
adjoining property for the past 60 years. As the adjoining property has , also,
been owned by my late father and then myself for over 40 years.
(ii) The plight of the owners is due to unique circumstances and not to
the general conditions of the neighborhood;
Please show that the physical circumstances on the subject property are
unique and unlike other properties in the vicinity.
Explain how the request meets this
standard.
As described above, the ability � place parking for this property in an
acceptable and usable form is\possible according to zoning ordinances. The
City planner statement confirms that fact. The additional fact is that it is
probable these properties have been used in this manner as rentals for a
longer period than any in this neighborhood. They have been sharing a
parking area and have been carefully maintained to preserve their historic
beauty and essence for over 60 years. Proposing additional construction of
concrete ,alternative parking patterns or even building construction as
mentioned as an alternative by the planner would be in conflict with the
overall vision of this beautiful and well preserved Historic District identity.
There would be no benefit to the property or neighborhood to provide
additional parking spaces.
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Application Form Last Updated: August 8, 2017
(iii)The use to be authorized by the variance will not alter the essential
character of the locality.
Please show that the proposed use is compatible with the character of the
surrounding area.
Explain how the request meets this
standard.
The Historical preservation of this lot and property would be maintained
if this variance was approved. Large spacious yards are a common and
valued asset in this district. It overcomes the crowded residential
neighborhood feeling that currently exists in newly developed
neighborhoods.
(c) The spirit of the ordinance shall be observed even when the variance is
granted
Please show that the Variance is consistent with the intent of the Sign Ordinance,
Zoning Ordinance, and the Land Use Policy Plan. A Variance would not be
consistent with the intent if alternatives for development exist that do not require a
Variance.
.Explain how the request meets this standard.
After receiving the preliminary review from the city planner, there seems to be no
alternative for the on site parking. The design presented that would be compliant
with the zoning for hard surface coverage would in fact be non compliant with the
`front yard parking" restrictions.
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Application Form Last Updated: August 8, 2017
(d) Substantial justice shall be done as a result of granting the
variance.
Explain how the request meets this standard.
Substantial justice will be done as a result of this variance being granted in that it
will allow the property to continue to be used according to its intended purpose. The
income potential of the units will remain intact and the value of the properties will be
maintained.
8
Application Form Last Updated: August 8, 2017
Variance Site Plan Checklist(For Properties Occupied by a
Single-Family or a Two-Family Dwelling) (This form must be filled out
completely before your application will be accepted)
The applicant shall submit a Site Plan, drawn to scale, that clearly shows the Variance
being sought. The Site Plan shall be a reproducible, black line drawing on a sheet of
paper no larger than 11"W7 If the project for which the Variance is sought is a single-
family or a two-family dwelling, or other use exempt from the requirement for a "Site
Development Plan", then the Site Plan shall include, at a minimum, the following
information:
(NOTE: If the proposed project requires approval of a "Major or Minor Site Development Plan",
it should be included with this application fora "Variance", not the Site Plan described on this
checklist.) ,�� �_
LXDimensioned property
lines
C!'`Abutting streets and
alleys
Y✓Location and size of all existing and proposed buildings and structures (include distances to
all property lines and distances between buildings and
structures.)
C Required setbacks
riveways and parking areas,
fully-dimensioned
Other pertinent information necessary to fully understand the need for a Variance (e.g.:
significant change in topography, location and size of mature trees,
etc.)
9
Application Form Last Updated: August 8, 2017
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 properly. 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 700 Douglas, Ames, IA 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.
J
-A"-
Signed by: Date: / zz-,)
Property 4 )' 11# 1 _
Owner
t
Print
Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
10
Application Form Last Updated: August 8, 2017
Adjoining Property Owner
Statement (Completion of this form by the applicant is
optional)
To Whom It May
Concern:
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