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Effective Date: August 4, 2020
MAY 21 2021 Appeal from a Decision
CITY OF AMES IA -,of the Zoning Enforcement Officer
DEPT. OF PLANNING AND HOUSING
Application Form
(This form must be completely filled out before the application will be accepted.)
1. Property Address for this Appeal Application (if applicable):
202 E. Lincoln Way
Kingsbury's Addition Lot 3&4 Block 2, Ames, Story County, Iowa
2. Legal Description (attach if lengthy):
3. 1 (We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of
Adjustment alleging that an error has been made or appealing a decision of enforcing in
connection with (Attach if sufficient space is not provided.)
Minor Site Development Plan Application for the renovation of property at 202 E
Lincoln way into a Food Truck Park, including parking areas, and landscaped areas.
4. Property Owner. Community Choice Credit Union
Business:
Address: PO Box 605 Ames IA 50010
(Street) (City) (State) (Zip)
Telephone: None None None
(Home) (Business) (Fax)
5. Applicant: Matt Swim
Business: Community Choice Credit Union
Address: 6163 NW 86th St. Suite 105 Johnston IA 50131
(Street) (City) (State) (Zip)
Telephone: 515 334-8530
(Home) (Business) (Fax)
6. Contact Person: Andrew Tulp, AIA
Business: Story Design/Story Construction
Address: 2810 Wakefield Circle, Ames, IA, 50010
(Street) (City) (State) (Zip)
Telephone: 515-290-7608 (Mobile) 515-817-2639 (Office)
(Home) (Business) (Fax)
E-mail address: andrew.tulp@storycon.com
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Effective Date: August 4, 2020
The Zoning Board of Adjustment may grant an Appeal, provided the Board finds that
there is an error in any order, requirement, decision, or determination made by an '
administrative official in the enforcement of Chapter 414 of the Code of Iowa or of any
ordinance adopted pursuant thereto. This Appeal will not be granted unless sufficient facts
are presented in this application and at the Zoning Board of Adjustment hearing to support a
position finding by the Board.
Concurrence with this Appeal 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 any other applicable agency.
I(We) certify that I(we) am (are)familiar with all applicable ordinances and codes and I(we) have
submitted all the necessary information to fully understand this appeal.
Signed by: Date: z/
��/��� caner
!l77/72LJ
Print Name
(Note: No other signature may be substituted far lite Property Owner's Signature.)
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Effective Date: August 4, 2020
Appeal from a Decision
of the Zoning Enforcement Officer
Supporting Information
(This form must be filled out completely before your application will be accepted.)
As provided by Section 414.12 of the Iowa Code, Section 29.1403(7)(a) of the Zoning
Ordinance grants power to the Zoning Board of Adjustment to hear and decide appeals
where it is alleged that there is an error in any order, requirement, decision, or
determination made by an administrative official in the enforcement of the Zoning
Ordinance.
In order to facilitate review of this application for an appeal the appellant must provide sufficient
facts to support the appellant's position.
(Note: Additional facts may be attached on a separate sheet if sufficient space is not provided.)
Staff comments, May 4, 2021:
"1.Staff considers the vertical elements in the planters to be part of a structure and does
not find that those vertical elements meet the full projection exemption in Sec.
29.402(2)(viii). An appeal of this interpretation can be made to the Zoning Board of
Adjustment under Sec. 29.1508(1)."
City Code Pertinent Sections:
Definition: Structure means anything constructed or erected, the use of which requires,
directly or indirectly, a permanent location on the land.
Sec. 29.402. SETBACKS.
(1) Building Setback Standard. Except as provided below, all buildings and structures,
Principal and Accessory, shall be located to comply with the minimum and maximum
Building Setbacks established for Principal and Accessory Buildings listed in each Zone
Development Standards Table, Supplemental Development Standards Table,
condition or other regulation applicable to the lot or the use being employed at the site.
c) Full projections allowed. In addition to the minor projections listed in the previous
section, the following features are allowed to fully project into required setbacks
viii) Landscape accents that include but are not limited to arbors with a coverage area no
greater than 15 square feet; fountains and statuary up to four feet in height, and
constructed ponds and waterfalls at or below finished grade, and similar incidental
landscape accents. The design and location of accent features shall not have the effect of
creating a continuous wall that does not meet fence standards.
xv) MaiIboxes, little libraries, cluster box units, flagpoles, and lamp poles;
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STORY DESIGN and CCCU appeal summary:
Story Design and CCCU management continue to believe that City Staff has erred in
its determination that the landscape elements presented in our design documents do
not fall within the intent of article (viii) of Sec. 29.402(2). We believe these are
'lanscape accents' as described within the article (viii), and thus should be
acceptable as allowed elements within the setback. (Design documents provided to
the City: initial architectural drawings provided to City 3/19 following the DRC
meeting, where we didn't have sufficient time to review the renderings, and final set
provided to the City 4/19 from Fox Engineering).
These landscape elements as illustrated in the documents, are aluminum pole
assemblies, with a fabric screen element suspended across the top of the poles. The
fabric screen in some locations along the South is cantilevered to provide shade
and, in others it is vertical, and intended solely for visual appeal. Overall these
landscape features are intended to provide a dynamic and colorful element to the
food truck court, and will provide visual appeal for both the users of the site, and
those approaching from the roadways. They are intended to be and feel light and
airy, and not obstruct ground views.
Z
Also see supplemental graphics attached.
As many of these elements sit within the required 20' setback, their design directly
draws upon the intent described in article (viii) of Sec. 29.402(2), where, "The
design and location of accent features shall not have the effect of creating a
continuous wall that does not meet fence standards." In the design, as these
elements are taller than the 4' fence standards, no continuous wall is created, and
all elements are intended to allow visibility and openness.
This code section goes no further to define what 'landscape accents' are or are
not, and we would suggest, because it would be impossible to describe all allowed
or not allowed 'accents', that this code section provides the general intent in its
last sentence. As noted above, the design meets the intent of this sentence.
Additional consideration:
Section (xv) indicates that 'flagpoles' are acceptable as structures within the
setback.
A flagpole is typically comprised of an aluminum pole element, and a suspended
fabric element. We would also suggest that, although the designed landscape
elements are not expressly flagpoles, they function and appear in a very similar
manner. They are an aluminum pole with a suspended fabric element. These
elements as designed seem to meet the intent of this section, if not it's express
definition.
Additional consideration:
Section 29.402 itself, in describing the setback requirements, uses the term
'Building Setback'.
"Sec. 29.402. SETBACKS.
(1) Building Setback Standard. Except as provided below, all buildings and
structures, Principal and Accessory, shall be located to comply with the minimum
and maximum Building Setbacks established for Principal and Accessory
Buildings listed in each Zone Development Standards Table, Supplemental
Development Standards Table, condition or other regulation applicable to the lot
or the use being employed at the site."
Although the provision mentions 'all buildings and structures, Principal and
Accessory' within its text, we believe it is clear the intent is generally regarding
buildings themselves, and as such the provision mentions the words 'Building
Setbacks' twice. And, so as to make it clear this is the intent, and that these
shouldn't be construed as Accessory, there is a long list of allowed 'structures'
within the setback, all of which are random landscape features that the section
takes pains to indicate should be allowed within the setback, and thus not
construed as buildings requiring setback.
So, it is not unreasonable to understand the provisions for setbacks as not
intending to include freestanding landscaping elements such as these. These
landscape elements are clearly not buildings. And while not expressly described
in the exceptions, should be included as similar and per the intent.
Effective Date: August 4, 2020
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.
The owner of property at 2_0 2 - ht y hereby grants the City of Ames
permission to place "Zoning Action Pending" signs on lffie 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 Zoning Board of Adjustment and may remain on the property until the request has
been approved or denied by the City.
Signed by: Date:—: z S
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Ma�e.� �Wi;►1
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature)
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