HomeMy WebLinkAbout~Master - Exception for a Minor Area Modification to allow a reduced setback for the addition of an attached garage for the property located at 635 Agg AvenueInstrument 0: 2020-07407
07/06/2020 11:15:33 AM Total Pages: 3
00 DTHER
Recording Fee: $$ 17.00
Stacie Herridge, ecorder, Story County Iowa
III 1 ' &F 4:1`41 IVII i rk L'' ' A 11111
S P A C E ABOVE RESERVED FOR OFFICIAL USE
Legal Description: Lot Six (6) in Block Twelve, College Heights Addition to Ames, Story County, Iowa, AND all of the Public
Walkwa ad'oinin Lot 5, Block 12, Colle e 14eights Addition to Ames, Iowa
60Aq Return document to: City Cleric 515 Clark Avenue, Ames IA 50010
Document prepared by: Jane Chang. City ofAmes Legal Department, 515 C1arkAve., Ames,1A 50010 — 515-239-5146
Clerk's Certificate
I, the undersigned, the duly appointed, qualified, and acting City Cleric of the City of Ames, Iowa,
do hereby certify: that I have custody of the records of the City of Ames, Iowa; that the foregoing
Decision and Order in Case No. 20-29 is a true and exact copy of said Decision and Order as filed and
recorded in my office.
In Witness Whereof, I have affixed my signature and the seal for the City of Ames, Iowa on this
day of I �f 2020.
DIANE R. VOSS, City C
On g Lei L , 2020, before me, the undersigned, a Notary Public in &7-1 for saic
state, the foregoing Cleric's Certificate was sworn to (or affirmed) and subscribed by Diane R. Voss, as
City Clerk for the City of Ames, Iowa.
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AMY L. COL��ICommission Number My C�ommissdon Ex
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CITY OF AMES, IOWA JUL 0 1 20123 �!J
ZONING BOARD OF ADJUSTMENT
CITY CLERK
CITY CE AMES, 10WA
IN THE MATTER OF THE APPLICATION
OF STEVEN AND SARAH WALTER, FOR CASE NO.20-29
AN EXCEPTION FOR A MINOR AREA
MODIFICATION TO ALLOW A GEOCODE NO. 09-09-280-055
REDUCED SETBACK FOR THE DECISION & ORDER
CONSTRUCTION OF AN ATTACHED
TWO -CAR GARAGE ON THE PROPERTY
LOCATED AT 635 AGG AVENUE
FACTS
Applicants Steven and Sarah Waiter are requesting an Exception for a Rear Yard Setback Minor
Area Modification of 5 feet for their property located at 635 Agg Avenue within the RL Zoning
District.
Planner Julie Gould introduced the request and reviewed the site plan, project description,
applicable law, and Staff s Findings of Fact and Conclusions. The property at 635 Agg Avenue
is a semi -pie shaped lot with an existing one -and -a -half -story house, The lot is considered a
corner lot as Cessna Street and Agg Avenue intersect in front of this property. The west property
line is the most opposite the front, and therefore is defined as the rear lot line. The rear lot line
has a minimum 20-foot setback compared to an interior side yard setback of eight feet for a one -
and -a -half story home. Applicant requests a five-foot exception into the rear yard setback to
allow enough width to construct a two -car -wide garage attached to the existing single-family
home. A Minor Area Modification is permitted to allow the reduction of required residential rear
yard setbacks for principal structures by no more than five feet. The Zoning Board of Adjustment
is authorized to grant the exception in based upon the review criteria identified in Section
29.1506(4)(d)(ii).
Compliance with setbacks is proving to be difficult given the shape of the lot and the curve of the
public right-of-way that affects the orientation of the home in its current configuration. The
Applicant wishes to construct an attached two -car garage on the southwest side of the house.
In September 2019, a partial vacation of a former public walkway was vacated and acquired by
the property owners from the City. The property owners then completed a Plat of Survey to
adjust the property to include this former right-of-way. This adjusted the rear property line seven
feet to the west which provided the property owner with some additional land to pursue an
addition. Due to the location of the existing home and the shape of the lot, it is difficult to
construct a two -car garage that would comply with all zoning regulations even if it were
detached rather than attached. The Traffic Engineer reviewed the request and has approved the
two driveways on the property.
Ms. Gould stated that based upon staffs Findings of Fact and Conclusions, the Department of
Planning and Housing recommends that the Zoning Board of Adjustment act in accordance with
2
Alternative One in the Staff Report. Alternative One states that the Board may approve an
Exception for a Minor Area Modification to allow a reduced setback for the construction of an
attached two -car garage located at 635 Agg Avenue with the following conditions:
1. The Applicant must record the approval of the Minor Area Modification in the office
of the County Recorder, in order to make effective the approval;
2. The garage must be built in substantial conformance with the attached plans; and
3. The garage must maintain a minimum 15-foot setback from the rear property line.
Applicant Steven Walter, 635 Agg Avenue, Ames, Iowa, was sworn in and testified under oath.
Applicant Walter provided detailed testimony regarding the progress of the garage project which
began in March 2019.
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 29.1506 were met and established by the Applicant.
WHEREFORE, IT IS ORDERED that the Applicant is GRANTED, pursuant to Section
29.1506 of the Ames Municipal Code, an Exception for a Minor Area Modification to allow a
reduced setback for the construction of an attached two -car garage located at 635 Agg Avenue
with the following conditions:
1. The Applicant must record the approval of the Minor Area Modification in the office
of the County Recorder, in order to make effective the approval;
2. The garage must be built in substantial conformance with the attached plans; and
3. The garage must maintain a minimum 15-foot setback from the rear property line.
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 1 Oth day of June 2020.
Diane Voss Amelia Schoeneman
City Clerk Chair