HomeMy WebLinkAbout~Master - D&O Conditional Use Permit in the Floodway Fringe overlay districtAVENUE
FACTS
WIM-Takylla-mi
GEOCODE NO. 09-04-300-035
Hunziker Construction Services on behalf of DJGH, LLC, has brought this application before the
Zoning Board of Adjustment to obtain a Conditional Use Permit to use an Alternative Method of
Elevating a new residential multi -family housing structure in the Floodway Fringe Overlay
District located at 404 Hyland Avenue. The Property is zoned Residential High Density (RH).
The Applicant proposes to construct a 3-unit multi -family building with parking located below
the living area. The northwest portion of the furthest north living unit will be located with the
100-year Floodway Fringe Overlay, and since part of the structure is within the floodplain, the
entire structure must comply with the protection standards.
Municipal Code Chapter 9 requires the elevation of the lowest floor of all buildings constructed
within the 100-year floodway fringe to a minimum height of 3 feet above the base flood
elevation (BFE) or that an alternate means of elevation is used based on allowances set forth in
§9.5(2)(b). The Applicant has proposed an alternate means of elevation of the structure by
proposing to elevate the habitable living area over the garage.
Both an agent on behalf of the Applicant and members of the public spoke in front of the Board,
which heard their testimony and considered the arguments in favor and against the proposal.
DECISION
The Board considered the facts as detailed above and provided in the Staff Report, the testimony
presented at the hearing, and adopted the Factual Findings and Conclusions in the Staff Report
and found that the proposed project and existing factors justified the issuance of a Conditional
Use Permit as set forth in §9.5(2)(b) of the Ames City Municipal Code.
ORDER
WHEREFORE, IT IS ORDERED that the application for a Conditional Use Permit is
GRANTED to allow the alternate method of elevation for the construction of the multi -family
housing for the property located at 403 Nyland Avenue as shown on the site plan and elevations
based upon the findings and conclusions of staff tinder the An-les Municipal Code, Chapter
9.5(2)(b).
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.
Dated this I I"' day of January, 2023.
Natalie Rekemeyer
Secretary to the Board
xe,
Chad Schneider
Acting Chair