HomeMy WebLinkAboutA9 ,rlcuc1 V lzu,
`• APR 3 0 2021
Application Form Last Updated:August 6, 2020
CITY OF AMES IA _
DEPT.OF PLANNING AND HOUSING,
Exception for Minor Area Modification
Application Form
(This form must be completely filled out before the application will be accepted)
1. Property Address for this E eption for Minor Irea, Modificat'on:
3SA:55_�tl
sTAS /O
2. Legal Description (attach if len thy):
i (k to +6s
3. 1 (We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of
Adjustment to grant an "Exception for Minor Area Modification" to the Zoning Ordinance to
allow the issuance of a Zoning Permit to permit:_ �1 f C-,-55 M c n t s4r"&Ac4re—
ea JJc cy t2�q y ftek 'T-o -( 1� f'iU�w�, r�r "�' ►1e .i g' ,-woo S bk
4. The Zoning Permit was refused because:
5. Property Owner. m ft.,,yNe,5 avy cc✓l
Business: �� )) n Av-vu6
nAddress: �Iy �u4� - . 7/`�f� S�dit7
(Street) (City) 11 (State) (Zip)
Telephone: 575- 5Z 0 F�4�d
(Home) (Business) (Fax)
6. Applicant:
Business: f /'
Address: `� L(_p�/Yti{ /vvv-- E/LL
(Street) (City) (State) (Zip)
Telephone: 6754q I-V3Y 6 S/s- a�qe�- 7q
(Home) (Business) (Fax)
7. Contact Person: (C_
Business: . � ,� ejyVV _ crcL� `—l/ S
Address: I r y c�O dMcCk nnjCAI D
('Street) (City) (State) (Zip)
Telephone: J�`� i r~ 9-3 yc _
(Home) (Business) (Fax)
E-mail address: qm( 10 W G/?z 5. Cowl
3
Application Form Last Updated:August 6, 2020
This appeal will not be granted unless sufficient facts are presented in this application to justify
the minor area modification in light of the standards and to show that the granting of the
Exception to the Minor Area Modification relates to the intent and purposes of the Zoning
Ordinance and the Land Use Policy Plan.
Approval of the Exception for Minor Area Modification 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 Minor Area Exception, and that said information is factual.
Signed by: Date:
Prope wner(s)
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
Jr,(y
w
' , 0
4
t
Application Form Last Updated: August 6,2020
Exception for Minor Area Modification
Supporting Information
(This form must be filled out completely before your application will be accepted)
The Zoning Board of Adjustment is authorized to grant exceptions from the requirements
of the zoning ordinance to allow minor area modifications for single family attached and
detached dwellings that are existing in developed areas, but not in cases of new
construction. These are authorized for the following situations:
(i) reduction of required residential side yard setbacks for principal structures
by no more than two feet;
(ii) reduction of required residential front,and rear yard setbacks for principal
structures by no more than five feet;
(iii) reduction of minimum lot area requirements by no more than 10%;
(iv) reduction of required residential front, rear and side yard setbacks without
limit as required to provide handicapped access ramps to a dwelling;
(v) reduction of front, rear, and side yard setbacks without limit to allow
reconstruction of a historically accurate structure.
(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.)
1. Exception for Minor Area Modification Standards. The Zoning Board of Adjustment shall
review each application for the purpose of determining that the review standards are
satisfied. An Exception for Minor Area Modification shall be granted only if all of the
following standards are satisfied:
(i) Special circumstances or practical difficulties apply to the property such that the
terms of the ordinance cannot be satisfied.
Explain how the request meets this standard. ct,4�,G" ~�Y'
5
Application Form Last Updated: August 6, 2020 '
(ii) The minor area modification will not be detrimental to the public health, safety or
general welfare.
Explain how the request meets this standard.
(M)The minor area modification will not have a substantial negative impact upon
neighboring properties.
Explain how the request meets this standard.
(iv)The minor area modification does not exceed the reduction limits established in
the listing of minor area modification in Section 29.1506(4)(c)(i),(ii), or (iii) whether
the limits are reached by a single exception or serial exceptions.
Explain how the request meets this standard.
6
Application Form Last Updated:August 6,2020
(v) The minor area modification does not authorize a use or activity not otherwise
expressly authorized by the regulations within the zoning district in which the
property is located.
Explain how the request meets this standard.
(vi)The minor area modification is in conformity with the intent and purpose of the
zoning ordinance and the general plan of the community.
Explain how the request meets this standard.
(vii)The minor area modification is the minimum necessary to achieve the desired
result.
Explain how the request meets this standard.
7
Application Form Last Updated:August 6, 2020
(viii)The minor area modification does not alter the applicant's obligation to comply
with other applicable laws or regulations.
Explain how the request meets this standard.
8
Application Form last Updated: August 6, 2020
Exception for Minor Area Modification
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 minor area
modification being sought. The Site Plan shall be a reproducible, black line drawing on a
sheet of paper no larger than IVW7`: If the project for which the minor area
modihcatibn 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 for an "Exception for Minor Area Moditication,"not the
Site Plan described on this checklist.)
C�Dimensioned property lines
ZAbutting streets and alleys
f3 Location and size of all existing and proposed buildings and structures (lnclude distances to
all property lines and distances between buildings and structures.)
DIRequired setbacks
Ca-Driveways and parking areas, fully-dimensioned
CrOther pertinent information necessary to fully understand the need for a minor area-
modification (e.g.: significant change in topography, location and size of mature trees, etc.)
i
9
Application Form Last Updated:August 6, 2020 '
Exception for Minor Area Modification
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 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.
- A)The owner of property at 135 R u5� 9V 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: � Date:
Pro erty Owner
1� 'JCa I I V Ia,L 2 C
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
10
William R Graves and Randy Mayer
135 N Russell Ave, Ames
Application Form Last Updated:August 6,2020
Exception for Minor Area Modification Standards.The Zoning Board of Adjustment shall review each
application for the purpose of determining that the review standards are satisfied. An Exception for
Minor Area Modification shall be granted only if all of the following standards are satisfied:
(i)Special circumstances or practical difficulties apply to the property such that the terms of the
ordinance cannot be satisfied. Explain how the request meets this standard.
Egress window added in the basement bedroom to bring that up to a legal bedroom status.
They would also like this to maximize the sunlight creating a mini-greenhouse effect in that
area.
(ii)The minor area modification will not be detrimental to the public health, safety or general welfare.
Explain how the request meets this standard.
Egress window will only add to the safety of the home and will not be detrimental to the public
in anyway. The structure is not in a walkable area of the home/yard and will have plant life
replaced around it.
(iii)The minor area modification will not have a substantial negative impact upon neighboring
properties. Explain how the request meets this standard.
The egress will not have any negative impacts on the neighbors as it extends out less than 4'
from the home and require less than 2' into the side yard setback. The home is 10'from the
property fine with an 8' setback.
(iv)The minor area modification does not exceed the reduction limits established in the listing of
minor area modification in Section 29.1506(4)1(i),(ii), or (iii) whether the limits are reached by a single
exception or serial exceptions. Explain how the request meets this standard.
The request is to extend two feet into the side yard setback keeping it within the required no
more than two feet of reduction in residential side yard setbacks.
(v) The minor area modification does not authorize a use or activity not otherwise expressly
authorized by the regulations within the zoning district in which the property is located. Explain how
the request meets this standard.
Correct, the egress is within the use authorized for the property.
(vi)The minor area modification is in conformity with the intent and purpose of the zoning ordinance
and the general plan of the community. Explain how the request meets this standard.
The egress would be within the existing plant and flower bed on the side yard and not intruding
on the neighbor's yard staying just over 6' back from the property line.
Application Form Last Updated:August 6,2020
(vii)The minor area modification is the minimum necessary to achieve the desired result. Explain how
the request meets this standard.
The requested additional two feet into the setback will not be exceeded according to the plans. This
additional space is needed to create the proper egress requirements, watertight, insulated structure and
yet maximize light into this area.
(viii)The minor area modification does not alter the applicant's obligation to comply with other
applicable laws or regulations. Explain how the request meets this standard.
This project gives the owner a legal egress for the basement creating a safer home and does not
interfere with any known applicable laws or regulations.