HomeMy WebLinkAbout~Master - D&O for 821 Northwestern Avenue DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared By:City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010;(515)239-5146
Return Document To:Jerome Baumgartner, 1918 Roosevelt_Ave.,Ames,IA 50010
CITY OF AMES, IOWA
ZONING BOARD OF ADJUSTMENT
IN THE MATTER OF THE APPLICATION
OF JEROME BAUMGARTNER FOR AN
EXCEPTION FOR MINOR AREA CASE NO. 22-10
MODIFICATION TO ALLOW AN PARCEL ID: 09-03-425-040
ENTRANCE DECK WITHIN A NON-
CONFORMING FRONT YARD SETBACK, DECISION & ORDER
AMES MUNICIPAL CODE SECTION
29.1506,LOCATED AT 821
NORTHWESTERN AVENUE
FACTS
This application came before the Board for a request for an exception for minor modification to
allow an entrance deck within the front yard setback for a non-conforming property located at
821 Northwestern Avenue. The property is a one-story 680 square foot single-family home that
sits on a 4180 square foot lot that backs up to the Union Pacific railroad line. The property is
surrounded by other single-family homes of similar age. The lot sizes vary because of the angle
of the street and the railroad line running behind the lots. The lot size and the front yard set back
are non-conforming. The front setback of this property is 16'9". It shares'the non-conforming
front setback with other properties in the neighborhood. The current entrance landing and steps
are concrete, that have deteriorated and settled. The property owner wishes to expand the
landing to a 6' x 8' deck with a minimum amount of seating area with a height of 30"
constructed over the existing steps. The front yard setback would be reduced to 7'5" between
the steps and the sidewalk. An addition of a deck of anything over 24" in height is considered an
"architectural feature". The zoning code describes architectural features as structures protruding
from the front fagade with an open design. For architectural features there are no maximum
setback constraint allowances for non-conforming properties. Rather, the allowances are
determined by appropriateness in relation to the property. The current zoning designation for the
property is Urban Core Residential Medium Density Zoning District (UCRM) which allows
single-fancily homes as a permitted use.
City Planner Eloise Sahlstrom presented the Staff Report to the Board and summarized the
findings of the staff. Planner Sahlstrom informed the Board the new deck would be beneficial for
the residents and the neighborhood. The size of the deck fits the scale of the house, and the
property owner is not changing the use. The deck allows a minimum amount of seating without
overwhelming the front facade. Proper public notice was made to the neighbors and the public.
The request conforms with what is allowed under the Ames Municipal Code.
The Applicant, Jerome Baumgartner testified before the board that the steps began to settle four
to Dive years ago, and the landing was too small making getting into the home difficult,
especially for new appliance deliveries. He tried getting precast concrete steps as a replacement,
but it was unsuccessful. The new deck will be constructed out of wood and will allow the
tenants to sit out on the deck and enjoy the outdoors on the east side of property.
The Board accepted and considered the Staff Report, the testimony presented at the hearing, and
adopted the Factual Findings and Conclusions in the Staff Report.
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 Applicant's request met the criteria under Section 29.1506 of the Ames Municipal Code.
ORDER
WHEMEFOR>1✓,Yt I,S:OItDERED that pursuant to Section 29.1506 of the Ames Municipal
Code, the request for an exception for minor modification to allow an architectural feature
(entrance deck)within the front yard setback for a nonconforming property is GRANTED.
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 26"' clay of October, 2022.
Natalie Rekemever L tla mmar
Recording Secretary Chair
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