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HomeMy WebLinkAbout~Master - Application for exception allowing a minor area modification at 135 N. Russell AvenueCITY OF AMES, IOWA ZONING BOARD OF IN THE MATTER OF THE APPLICATION FOR AN EXCEPTION ALLOWING A MINOR AREA MODIFICATION FOR THE PROPERTY LOCATED AT 135 N. RUSSELL AVENUE FACTS CASE NO.21-06 H L JUN 1 0 2021 CITY CLERK GEOCODE NO. 09-03-456-020 DECISION & ORDER The owners of the single-family dwelling at 135 N. Russell proposed to construct an egress window on the south side of the property. The planned window well (and insulation thereto) extends two feet into the eight foot minimum required side yard setback. The property owners expressed that they wanted to bring the property into conformity with building regulations by adding the egress window and that they desired to increase natural light into their basement. Applicants brought this matter before the Board to request a Minor Area Modification as contemplated by Ames Municipal Code section 29.1506(4)(d)(i), which allows for an exception that provides for a reduction of side yard setbacks for principal structures of no more than two feet provided that certain criteria are met as determined by -the Board. Planner Ray Anderson presented the Staff Report to the Board and indicated that Staff recommended that the Board order the exception based on Staffs conclusion that the request met the criteria of Code section 29.1506(5)(d). The Board accepted the Staff Report as evidence and heard testimonial evidence on behalf ; of the Applicant. 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(5)(d) 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 reduction of the required side yard setback for the construction of a single egress window well on the south side of the property at 135 N. Russell Avenue. 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 May 2021. RenA Hall Secretary to the. Board V�I1�hAL.� Amelia Schoeneman Chair