HomeMy WebLinkAboutA001 - Appeal Application from Decision of Zoning Enforcement Officer r 12 2022 Effective Date: August 4, 2020
,`.MES IA P.qP kL- ou&:I Q
AND HOUSING
Appeal from a Decision
of the Zoning Enforcement Officer
Application Form
(This form must be completely filled out before the application will be accepted.)
1. Property Address for this Appeal Application (if applicable):
3 Z.o-7 0AKLAND .3TMET
2. Legal Description (attach if lengthy):
3. l (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
co ection with (Attach if sufficient space is not provided.)
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4. Property Owner._ 6thv t- 14Nc `rNee SSA 'Crf Fc�BPS o�l
Business: K/A (F?tJ0AMt,4
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Address: '�Zo7 nkYLAAP S= AMt5 IwA 56aiy
(Street) (City) (State) (Zip)
Telephone:(5 ISM 110 - 84�3 SAME N fA
(Rome) (Business) (Fax)
5. Applicant 6V_Nmr I PoftW6,o N
Business: NA �PR�t��,rr�t RFS I V E-JCE
Address: 17-0 T AT- AN1lc�,S R Io oc% I y
(Street) (City) (State) (Zip)
Telephoners I S) lto -189'7 3 SAME N./A
(Home) (Business) (Fax)
6. Contact Person: 6
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Business: MA Pc5(m acF_
Address: 32-01 OAIF.LAKD.ST &tAlub 16wh Apo Iq
(Street) (City) (State) (Zip)
Telephone:__�5' -1�0�a9`f - M E ___ 1,4/A
(Home) (Business) (Fax)
E-mail address: GRAl�r1 't't�bt�PSbN GMF�I�—_ce
3
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: I o 1 t Z Z.
Property Owners)
C C,ist4y T46
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature)
4
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.)
SEE AITP C- }E-r�, ht)CU M Et4TATl ON
5
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 -32-0-1 DA144,WD ST: 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 Zoning Board of Adjustment and may remain on the property until the request has
been approved or denied by the City.
G-
Signed by: Date: !l ZZ.
Pr erty Owner
-THomr5DN
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
6
HECEI V E®
OCT 12 2.022
CITY OF AMES )A
DEPT.OF PLANNING AND HOUSING
Appeal from a Decision of the Z®rr ng Enforcement Officer
Supporting Information
Appellant: Grant Thompson(Property Owner), 3207 Oakland St.,Ames,IA 50014
Notice of Violation: Notice of Violation at 3207 Oakland Street,issued by Mr. Ray Anderson,
Planner, City of Ames on September 1,2022.
The full notice is on file with the City. An abbreviated quote of the notice
is included below:
"I viewed conditions at your property on August 31,2022.At the
time of my inspection,I noted that the height of the fence in your
front yard exceeds the maximum height permitted for fences in
front yard setbacks and yards, and the height of fences in setbacks
abutting a street right-of-way."
Municipal Code sections cited: Sec. 29.201. DEFINITIONS. (74)
Fence; Sec. 29.408(2)Fences.
Appeal Grounds: The garden trellis is misclassified as a fence, subjecting it to the
regulations of fences as defined in the Municipal Code. As a trellis,the
structure is regulated by Sec. 29.402 SETBACKS 2(c)(viii)Landscape
Accents. The term"continuous"in the landscape accents text is undefined
and subject to interpretation and/or inconsistent application.
Relevant Sections: Sec. 29.402. SETBACKS 2(c)(viii)Landscape accents; and Sec. 29.408.
SETBACKS (2)Fences.
Section Text: "Sec. 29.402. SETBACKS 2(c)(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."—Ames Municipal Code.
https://www.cityofames.org/home/showpublisheddocument/648/63792112
4216800000
Appeal Narrative: I am dividing my narrative into two parts,based on the provided text for
the landscape accents (see Section Text).First, addressing the definition of
a trellis and indicating how it fits with the landscape accent category.
Second,addressing the final statement of this section where a landscape
feature may not be continuous wall that constitutes a fence. After defining
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the case with this specific example,I will explain how this results in an
issue with the Municipal Code itself and its application by City Staff
which can result in inconsistent outcomes for Ames residents, of which,
this is a specific instance.
Part 1—Trellis as a Landscape Accent
I have built a trellis for my raised bed vegetable garden to support healthy
plant growth for climbing plants and for plants to be tied up,allow proper
airflow around vegetation to reduce plant pathogen load, and to elevate
fruits and vegetables off the soil to prevent soil-born contamination.From
here on,"the structure"will be used to describe this landscape accent.
Merriam-Webster,defines a trellis as"1)a framework of lattice used as a
screen or as a support for climbing plants."https://www.merriam-
webster.com/dictionary/trellis
Per the definition of"trellis,"the structure has a lattice framework and in
conjunction with the raised garden beds, it will be used for supporting
plants (see Figures 1 and 2).
Figure 1. The trellis and vegetable garden as viewed from across the
street, looking north at 3207 Oakland St. Two gaps in the trellis,
approximately 4'wide are shown aligning and picturing the house front
door in the background. Photo taken Oct. 11, 2022.
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Figure 2. The raised vegetable beds and trellis, looking east at 3207
Oakland St. Gaps in the trellis between the east and west end of the
garden are shown in the periphery of the image, to the left(north) and
right(south). Photo taken Oct. 11, 2022.
Sec. 29.402. SETBACKS 2(c)(viii)Landscape accents specifically
mentions"arbors"in addition to other non-enumerated features
("...including but not limited to..."),thus the definition of an arbor is
particularly relevant since it is an enumerated example.
Merriam-Webster defines an arbor as, "1) a shelter of vines or branches
or of lattice work covered with climbing shrubs or vines."
https://www.merriam-webster.com/dictionary/arbor
This clearly sets precedent that lattice framework for supporting plants
falls under the landscape accent code. A trellis, like an arbor,is lattice
framework for supporting plants,thus a trellis would be a landscape
accent. The structure at 3207 Oakland is a landscape accent that
consists of a trellis.While landscape features may include other non-
enumerated features,in structure and function, a trellis is comparable to an
arbor,which is explicitly defined as an example of a landscape feature.
Note for clarity—On August 31,2022,the raised beds had not yet
been completed when Mr.Anderson viewed the conditions
described in the Notice of Violation. The notice was issued
September 1,2022. I had Outdoor Envisions (201 Freel Drive,
Ames)deliver compost and topsoil on September 2,2022
intending to use the Labor Day weekend to complete the raised
beds. The Notice of Violation was received on Sept. 2, after the
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compost and topsoil was delivered. Having a pile of compost and
topsoil sitting in the driveway and potentially causing water
pollution if eroded,I finished constructing the raised beds to use
the delivered material. All additional work on the structure has
ceased,pending resolution of the appeal of the Notice of Violation.
I contacted the City upon receipt of the Notice of Violation and
requested and was granted a deferment in action due to planned
international travel in mid-September. Upon returning,I contacted
City officials to resume discussions.
Part 2—The design and location of accent features shall not have the
effect of creating a continuous wall that does not meet fence
standards.
Figure 3. The trellis and vegetable garden, viewed from 3207 Oakland St.,
looking south. The trellis is non-continuous and is broken up by two
approximately 4'wide gaps, aligned in this image. Photo taken Oct. 11,
2022.
The stipulation in the landscape accents code stating,"The design and
location of accent features shall not have the effect of creating a
continuous wall that does not meet fence standards"is ambiguous since it
does not clearly indicate a defined threshold where a landscape accent
becomes a continuous wall or fence and would be subject to those
regulations.
The Municipal Code, Sec. 29.201.DEFINITIONS,does not provide a
code-wide definition of"continuous."
Merriam-Webster defines continuous as,"marked by uninterrupted
extension in space, time, or sequence."https://www.merriam-
webster.com/dictionM/continuous
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The trellis of the structure has two gaps—interruptions—that are
approximately 4' wide and align along the north-south axis, as shown in
Figure 3,thus it is not continuous.
As a thought experiment,was "continuous", per the Sec. 29.402.
SETBACKS 2(c)(viii) Landscape accents, intended to mean:
® Around an entire property
® Along the entire length of a property line
® Extending some threshold distance,past which it's continuous (i.e.,
no more than X' long)
® Having no gaps or setting a minimum gap threshold(i.e., gaps
must be X' or greater per Y' lineal foot,in order to not be
considered continuous)
Since"continuous"is undefined,this clause of the landscape accents code
is left to be subject to interpretation,which can result in inconsistent
application. Given the implication of a landscape feature being
reclassified as a fence given that it's"continuous",not defining what that
key term means snakes this subject to misinterpretation and appeal.
Elsewhere in CH 29 Zoning,the code explicitly prescribes distances,
sizes, and other bulk regulations for specific features that the City seeks to
regulate.
Summary Conclusion
The appeal is grounded in the misclassification of the structure at 3207
Oakland Street as a fence instead of a landscape feature.
1. The structure matches the definition of a trellis, which constitutes a
landscape feature as it performs a similar function and has a similar
definition to the explicitly enumerated"arbor"in the definition of a
landscape feature.
2. The structure is not continuous, as it has two gaps, and there is no
other-explicitly stated definition of"continuous"to otherwise clearly
reclassify the structure from being a landscape feature to being a fence,
and subject to fencing regulations.
3. The Notice of Violation at 3207 Oakland Street, cites the violation of
section of the Municipal Code relevant to fences,which the structure
at 3207 Oakland Street is not, it is a landscape feature that is non-
continuous.
Application of the Standard by City Staff
The specific case of the structure of 3207 Oakland Street is relevant to
other existing or potential cases in the City of Ames where
misclassification of landscape features as fences may occur and where the
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definition of"continuous"in the landscape feature text is undefined. This
may result in more cases of misidentification/misapplication of the City
Code and inconsistent outcomes for Ames residents. Thus, the issue
uncovered in the Notice of Violation at 3207 Oakland Street,has wider
relevance beyond this specific case.
Request of the Zoning Board of Appeal
As a non-continuous landscape feature, there is no violation for the
structure at 3207 Oakland Street. I humbly request that the Zoning Board
of Appeals recommend that the City dismiss the Notice of Violation at
3207 Oakland Street.
To clarify future cases and improve the consistency of application of the
Code, revisions of the relevant zoning code may be needed. Regardless of
the Code, informational documents for Ames residents with clear language
and graphic depictions of standards, such as are provided by other
communities in Central Iowa,may assist in avoiding future ambiguous
situations and/or improving the consistency of application of the standards
by City Staff.
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