HomeMy WebLinkAbout~Master - Variance to allow reconstruction of stair deck setback CITY OF AMES, IOWA
KING BOARD OF ADJUSTMENT
IN THE MATTER OF THE APPLICATION
OF CHUCK WINKLEBLACK FOR A CASE NO. 22-07
QUEST FOR VARIANCE TO ALLOW
CONSTRUCTION OF STAIR DECK PARCEL ID: 09-02®301®070
EXTENDING TO REAR SETBACK,AMES DECISION & ORDER
MUNICIPAL CODE SECTION 29.1504,
LOCATED AT 505 8TH STREET
FACTS
This application came before the Board for a request for variance to allow for the reconstruction
of non-conforming stair deck extending into the rear setback of the property located at 505 81n
Street. The property was constructed in the early 1970's and is three-story, 12-unit apartment
building that has two means of ingress/egress. The north rear access is the stair deck and
provides the required second access evacuation for all the units on the second and third floors of
the building. The stair deck is therefore required for access to these units and for the building to
obtain a certificate of occupancy as a rental property. The building was constructed in the early
1970's and was compliant with the building and zoning standards at the time of construction.
The current zoning designation for the property is Residential Medium-Density (RM) with the
Historic Overlay(O-H)and Single-Family Conservation Overlay(O-SFC).
Reconstruction of the stair deck is needed due to aging and to avoid it falling into disrepair. Both
the existing deck and proposed deck are within the 25-foot rear yard setback. The allowed
extension into a rear set back is defined in Section 29.406.(2) and allows for no more than a 3-
foot extension into the required rear yard setback for decks more than 24-inches in height. The
current deck is 6 foot 11 inches in the required setback. To comply with current building code
requirements, the proposed new deck will be 11 foot 4 inches into the required rear yard setback.
The proposed new stair deck thus extends 4 foot 5 inches further into the setback as compared to
the current deck. The deck will be approximately 14 feet from the property line. The building is
situated in such a manner that the north wall of the building is the rear setback line. Without the
existence of the stairs, the building would need to be redesigned or reconstructed to allow for a
code compliant means of secondary access for the upper-level units.
City Planner, Justin Moore, presented the Staff Report to the Board and summarized the findings
of the staff. Planner Moore informed the Board that requiring the property owner to redesign the
building versus reconstructing the stairs that have been in existence and can otherwise meet
building code standards, meets the standard for hardship to the owners, and therefore met the
criteria for the requested variance of the reconstruction of the stair deck.
The Applicant, Chuck Winkleback, indicated that primary reason for the request for a variance
was to comply with the modern building code. Board Member Schneider inquired about the
design of the stair deck and asked why the first-floor stairs were not run alongside the building
instead of perpendicular and Mr. Winkleback indicated the stair deck was oriented in that
direction to send residents into the parking lot area when using the stairs, so they did not have
to come back around the building.
FINDINGS AND DECISION
The Board considered the facts as detailed above and provided in the Staff Report and all
evidence provided at the hearing. The Board adopted the findings in the Staff report and found
that the variance criteria were met and established by the Applicant under Section 29.1504 of the
Ames Municipal Code.
ORDER
WHEREFORE, IT IS ORDERED that pursuant to Section 29.1504 of the Ames Municipal
Code,to allow for the variance to allow reconstruction of stair deck extending to rear setback be
GRANTED, and to allow variance for the reconstruction of the stair deck structure within the
required rear yard setback as required for secondary access for the upper-level units located at
505 8th Street.
Any person desiring to appeal this decision to a court of record may do so within thirty (30) days
after the filing of this decision.
Done this 22❑d day of June 2022.
@68ingsSecretary
W i n L a mar
Chair
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