HomeMy WebLinkAbout~Master - D&O Exception for Minor Area Modificaion residential side yard setbackCITY OF AMES, IOWA
ZONING BOARD OF ADJUSTMENT
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IN THE MATTER OF THE
APPLICATION OF ELIZABETH ANN CASE NO. 24-01
FOREMAN FOR AN EXCEPTION FOR A
MINOR AREA MODIFICATION PARCEL ID: 05-34-102-040
RESIDENTIAL SIDE YARD SETBACK IN
THE "F-VR" VILLAGE RESIDENTIAL
DISTRICT AS PROVIDED BY AMES DECISION & ORDER
MUNICIPAL CODE SECTION
§29.1506(4)(d)(i) FOR THE PROPERTY AT
2623. SOMERSET DRIVE
FACTS
This application came before the Board for a request for an Exception for a Minor Area
Modification to allow a reduction of the required minimum five-foot side yard setback of two feet
for an addition to the principal structure located at 2623 Somerset Drive. The property is zoned
F-VR (Village Residential District) and contains a 1,350 square foot dwelling with a 451 square
foot, attached two -car garage. The property includes 7,000 square feet and is an interior lot. The
rear yard is approximately 3,200 square feet and the house was constructed in 2002 at a side
setback of approximately seven (7) feet, nine (9) inches, per the original building permit.
A Minor Area Modification is permitted according to Ames Municipal Code §29.1506(4)(d)(i) to
allow the reduction of required residential side yard setbacks for principal structures by no more
than two (2) feet. The Zoning Board of Adjustment is authorized to grant the exception based
upon the review criteria identified in the Ames Municipal Code §29.1506(5)(d).
Planning Director, Kelly Diekmann, stated that the Applicant previously applied for a Variance
for a detached structure on this property and the Variance was denied. The Applicant will be filing
a building permit application so that the structure will be an addition to the garage and thus to the
principal structure. As an addition to the principal structure, the Applicant was able to file a request
for a Minor Area Modification to allow for a partial encroachment in the side yard setback. As an
addition to the principal building, the structure is able to encroach closer than five feet and still
meet building code -requirements. There is a minimum three-foot requirement to meet the standards
for a Minor Area Modification. The Applicant is purposing 3.5 feet as the separation distance. The
setback meets the building code requirements and is compatible with the area. Staff recommended
approval of the Exception for Minor Area Modification with the three conditions set forth in the
staff report.
Applicant Elizabeth Foreman testified that she had not been aware of the Minor Area Modification
process before the last hearing before the Board. She stated that this makes more sense for their
project. They are aware that they need building permits and must meet all codes. She said that her
neighbor, who was present in the audience, was a civil engineer who would assist them with the
building code process. The Applicant also let the Board know that she already had siding and
windows for the addition that matched the house.
FINDINGS AND 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 project met the criteria consistent with zoning standards as established by the
Applicant under §29.1506(4)(d)(i) of the Ames City Municipal Code.
ORDER
WHEREFORE, IT IS ORDERED that the request for an Exception for a Minor Area
Modification to allow a reduction of the required five-foot minimum side yard setback by two feet
be GRANTED to allow for an addition to the principal structure located at 2623 Somerset Drive
by adopting the findings of fact and conclusions stated herein and with the following conditions
applied:
a. The Applicant must record the approval of this Minor Area Modification in the office
of the County Recorder, in order to make effective the approval.
b. That the applicant meets all City of Ames. Building Code and Zoning Ordinance
standards within 9 months of this Decision and Order authorizing an addition to the
north side of the existing principal structure.
c. The structure shall include materials and finishes that are consistent with the principal
structure for siding, roofing, and colors.
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 10a' day of January 2024.
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Nat lie Rekemeyer
Recording. Secretary
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Chad Schneider
Chair