HomeMy WebLinkAboutA003 - Application for Flood Plain Variance ITEM #: 3
DATE: 01-10-24
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: A Request for a Flood Plain Zoning Regulations Variance to allow
placement of factory-built homes at 1006 South Dayton Place with the
lowest floor at an elevation of Base Flood Elevation (BFE) Plus 1-foot where
BFE plus 3 feet is required
BACKGROUND:
The applicant, Chuck Winkleblack, on behalf of Flummerfelt's Shady Grove MHC is
requesting a Variance to allow placement of "Factory Built" homes with the bottom of the
lowest floor constructed at an elevation of 1-foot' above the Base Flood Elevation.
(Attachment A— Location Map). Built in 1974, the property has been a Factory Built Home
Park since its construction. The property was annexed into the City in 1972. It's original
construction predated current flood plain management regulations. The request was
initiated in response to a desire to move new homes onto existing vacant lots in the park.
The Shady Grove Mobile Home Park can accommodate 66 homes. The entire park is
within the Floodway Fringe which is the area of the floodplain that permits development,
subject to meeting performance requirements. The City's Flood Plain Development
standards are part of Chapter 9 of the Ames Municipal Code with the regulations designed
to mitigate impacts of floods based upon the 100-year (1% annual chance) storm events.
The Fringe Area is the projected area of inundation with a 100-year flood event, which is
distinct from the floodway which is the area of conveyance of a waterway during a flood.
No development is allowed within a floodway (See Attachment B).
The applicant requests that the Base Flood Elevation (BFE) plus 1-foot be allowed as the
required elevation of the lowest floor of homes moved onto the site. BFE is the projected
water surface elevation for a 100-year storm event. The variance request is 2 feet lower
than the City's requirement of BFE plus 3 feet.
The request is being made based on the applicant's claims that the required elevation of
the lowest floor of the homes would result in an unnecessary hardship when placing the
homes as the required design and elevate the homes is not achievable for them based
on engineering and construction requirements with the existing conditions of the mobile
home park. The proposed improvements with approval of the requested variance would
include ensuring all new homes are elevated to at least BFE plus 1-foot, tying down the
homes to the grade immediately around the home, elevating or protecting electrical,
mechanical and plumbing and anchoring of the homes.
Currently the homes have no elevated design features for flood protection or sporadic
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and limited increased elevation in terms of fill or extended piers or supports. The current
Elevation at ground level varies from 879 feet to 880 feet across the site. The BFE at this
location is 885 feet. In order to achieve the City's current requirement to elevate the lowest
floor to BFE Plus 3 feet, the lowest floor of the mobile homes would need to be at least
888 feet. This requires approximately 8-9 feet of fill or other elevation improvements
to achieve this standard.
The BFE is the elevation floodwaters would reach at a particular site during the
occurrence of a base 100-year flood event. Requirements for elevating homes,
businesses, electric and mechanical devices and other required items that must be
protected from flooding, are determined based on the desire to ensure the items listed
above are protected adequately from damage during flooding events. The City's standard
of BFE plus 3 feet exceeds the minimal state standard of the Iowa Department of Natural
Resources BFE plus 1 foot.
As a community with delegated Floodplain enforcement ability, delegated communities
can require that buildings and homes be elevated above the state minimum of BFE plus
1 foot. No jurisdiction with delegated floodplain enforcement authority can approve
a BFE or allow construction of regulated structures below the state requirements.
Ames implemented the BFE plus 3 feet requirement in 2009 to provide additional
assurance that the lowest floor of homes and buildings would be reasonably safe from
flooding and thus would help prevent additional property loss and threats to life. This
additional elevation also helps to keep insurance premiums lower for businesses and
homeowners as opposed to being at BFE Plus 1-foot or 2-foot. The insurance premiums
business and homeowners pay are determined in part by rates that are nationally set in
the National Flood Insurance Program (NFIP).
Ames participates in the NFIP and as a result must maintain certain standards for
development in floodplain areas of the City and enforce such regulations in order to take
advantage of the program. This helps keep premiums down for owners of property in the
floodplain. Participation in the NFIP also allows the City to take advantage of Federal
resources for flood damage recovery and mitigation programs for future flooding.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL:
The applicant has provided the attached application including statements as to how the
proposed use meets the standards for a variance.
APPLICABLE LAW:
The Board shall determine, pursuant to Iowa law, whether all the standards for granting
of a variance are satisfied by the Variance Request. Findings of Fact for each standard
are included in the Addendum. The findings for this proposed variance are unique to flood
standards .
The general authority and criteria for variances is part of Iowa Code Chapter 414.
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For a Flood Plain variance, the City of Ames specifically relies upon the Chapter 9
criteria and considerations to address the general variance standards that
otherwise apply in the city. The Chapter 9 criteria and consideration are part of the
Iowa DNR model ordinance for delegated authority consistent with Iowa
Code Chapter 455B Section 2.
Pertinent Sections of the Ames Municipal Code, Chapter 9, Flood Plain Zoning
Regulations, include the following, highlighting added:
Sec. 9.7(3)(d). VARIANCE
(d) Variances. Requests for Variances shall be submitted to the Administrator who shall
forward such to the Zoning Board of Adjustment. Such requests shall include information
ordinarily submitted with applications as well as any additional information deemed
necessary by the Zoning Board of Adjustment. The Zoning Board of Adjustment may
authorize upon request in specific cases such variances from the terms of this ordinance
as will not be contrary to the public interest, where owing to special conditions a strict
enforcement of the provisions of this ordinance will result in unnecessary hardship.
Variances granted must meet the following applicable standards:
(i) No variance shall be granted for any development within the Floodway Overlay
District which would result in any increase in the base flood elevation. Consideration of
the effects of any development on flood levels shall be based upon the assumption that
an equal degree of development would be allowed for similarly situated lands.
(ii) Variances shall only be granted upon
(a) a showing of good and sufficient cause,
(b) a determination that failure to grant the variance would result in an unnecessary
hardship to the applicant, and
(c) a determination that the granting of the variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense; create
nuisances, or cause fraud on or victimization of the public.
(iii) Variance shall only be granted upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(iv) In cases where the variance involves a lower level of flood protection for buildings
than what is ordinarily required by this Ordinance, the applicant shall be notified in writing
over the signature of the Administrator that
(a) the issuance of a variance will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage, and
(b) such construction increases risks to life and property.
(v) All variances granted shall have the concurrence or approval of the Department
of Natural Resources.
Sec. 9.7(3)(e) Hearings and Decisions of the Zoning Board of Adjustment.
(e) Hearings and Decisions of the Zoning Board of Adjustment.
(i) Hearings. Upon the filing with the Zoning Board of Adjustment of a request for a
Conditional Use, an Appeal, or a request for a Variance, the Board shall hold a public
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hearing. The Board shall fix a reasonable time and publish notice of the hearing. At
the hearing, any party may appear in person or by agent or attorney and present
written or oral evidence. The Board may require the appellant or applicant to provide
such information as is reasonably deemed necessary and may request the technical
assistance and/or evaluation of a licensed professional engineer or other expert
person or agency, including the Department of Natural Resources.
(ii) Decisions. The Board shall arrive at a decision on a Conditional Use, Appeal, or
variance within a reasonable time. In passing upon an Appeal, the Board may, so
long as such action is in conformity with the provisions of this ordinance, reverse or
affirm, wholly or in part, or modify the order, requirement, decision, or determination
appealed from, and it shall make its decision, in writing, setting forth the findings of
fact and the reasons for its decision. In granting a Conditional Use or Variance the
Board shall consider such factors as contained in this section and all other relevant
sections of this ordinance and may prescribe such conditions as described below.
Sec 9.7(3)(e)(ii)(a) Factors Upon Which the Decision of the Board Shall be Based.
a. Factors Upon Which the Decision of the Board Shall be Based.
In passing upon requests for Conditional Uses or Variances, the Zoning Board shall
consider all relevant factors specified in other sections of this ordinance and:
1. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
2. The danger that materials may be swept onto other lands or downstream to the injury
of others.
3. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
5. The importance of the services provided by the proposed facility to the community.
6. The requirements of the facility for a flood plain location.
7. The availability of alternative locations not subject to flooding for the proposed
development.
8. The compatibility of the proposed development with existing development and
development anticipated in the foreseeable future.
9. The relationship of the proposed development to the comprehensive plan and flood
plain management program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
11. The expected heights, velocity, duration, rate of rise and sediment transport of the
flood water expected at the site.
12. Such other factors which are relevant to the purpose of this ordinance.
Sec. 9.7(3)(e)(ii)(b) Conditions attached to Conditional Uses or Variances.
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(b.) Conditions attached to Conditional Uses or Variances.
Upon consideration of the factors listed above, the Board may attach such conditions to
the granting of Conditional Uses or Variances as it deems necessary to further the
purpose of this ordinance. Such conditions may include, but are not limited to:
1. Modification of waste disposal and water supply facilities.
2. Limitation on period of use and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction of channel modification, dikes, levees, and other
protective measures, provided such are approved by the Department of Natural
Resources and are deemed the only practical alternative to achieving the purpose of this
ordinance.
5. Floodproofing measures shall be designed consistent with the flood protection
elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and
hydrodynamic forces, and other factors associated with the regulatory flood. The Zoning
Board of Adjustment shall require that the applicant submit a plan or document certified
by a licensed professional engineer that the floodproofing measures are consistent with
the regulatory flood protection elevation and associated flood factors for the particular
area. Such floodproofing measures may include, but are not necessarily limited to the
following:
a) Anchorage to resist flotation and lateral movement.
b) Installation of watertight doors, bulkheads, and shutters, or similar methods of
construction.
c) Reinforcement of walls to resist water pressure.
d) Use of paints, membranes, or mortars to reduce seepage of water through walls.
e) Addition of mass or weight to structures to resist flotation.
f) Installation of pumps to lower water levels in structures.
g) Construction of water supply and waste treatment systems so as to prevent the
entrance of flood waters.
h) Pumping facilities or comparable practices for subsurface drainage systems for
a structure to relieve external foundation wall and basement flood pressures. (Ord. No.
4422;12-24-2020)
i) Construction to resist rupture or collapse caused by water pressure or floating
debris.
j) Installation of valves or controls on sanitary and storm drains which will permit
the drains to be closed to prevent backup of sewage and storm waters into the buildings
or structures.
k) Location of all electrical equipment, circuits and installed electrical appliances in
a manner which will assure they are not subject to flooding.
Iowa Code Pertinent Requirements- Chapter 414 (City Zoning), Section 414.12(3)
414.12 Powers.
The board of adjustment shall have the following powers-
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1. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of this chapter or of any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of the ordinance upon which such
board is required to pass under such ordinance.
3. To authorize upon appeal in specific cases such variance from the terms of the
ordinance as will not be contrary to the public interest, where owing to special
conditions a literal enforcement of the provisions of the ordinance will result in
unnecessary hardship, and so that the spirit of the ordinance shall be observed, and
substantial justice done.
Pursuant to Iowa law, a variance shall be granted only if all the following standards
are satisfied. These standard variance criteria are listed below.
However, for a Flood Plain variance the City of Ames specifically relies upon the
Chapter 9 criteria and considerations to address the general variance standards
that otherwise apply in the city. The Chapter 9 criteria and consideration are part
of the Iowa DNR model ordinance for delegated authority.
(a) The granting of the variance shall not be contrary to the public interest.
(b) That without granting of the variance, and due to special conditions, a literal
enforcement of the ordinance will result in unnecessary hardship. Unnecessary
hardship exists when-
(i) The land in question cannot yield a reasonable return if used only for a
purpose allowed in the zone.
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood.
(iii) The use to be authorized by the variance will not alter the essential
character of the locality.
(c) The spirit of the ordinance shall be observed even when the variance is
granted.
(d) Substantial justice shall be done as a result of granting the variance.
BASIS OF PETITION:
The applicant has submitted responses to the variance criteria. See the attached
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supporting information prepared by the applicant as part of the "Variance Application
Packet."
In summary, the applicant believes that over time the property will not yield a reasonable
return when older mobile homes are removed from the site and they cannot be replaced
like for like. The applicant estimates that on a home-by-home basis of making a site
compliant he would need to use more space than is currently allocated to each home and
he may lose 40 % of his capacity over time.
In discussion with staff, he does not believe he could redevelop the site incrementally with
more than one lot at a time to become compliant and maintain his current capacity. If
the variance is denied, use of the site would have to incrementally be improved to remove
the nonconforming conditions as new homes are placed, or redevelop the site in its
entirety.
The addendum includes the specific findings prepared by staff related to the
proposed variance. Staff concluded that the findings could be made for the
variance. Additionally, staff believes that the option of adding conditions to the
approval as authorized by Chapter 9 are also appropriate based upon the proposed
transient nature of the use and the ever evolving and updating of flood plain
boundaries.
PUBLIC NOTIFICATION:
Notification was made to all owners of property within 200 feet. A notice of public hearing
was placed on the property and published in the newspaper.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve the requested Variance as
requested by the Applicant to allow placement of Factory Built Homes at 1006 S
Dayton Place at BFE Plus 1-foot, note all other Flood Plain standards and
requirements for nonconforming uses and improvements will apply, with the
following conditions for the variance:
A. A Floodplain Development Permit for each newly placed home must be filed
with the Flood Plain Administrator to ensure all new homes meet the standards
of this Variance and all other Floodplain Development Standards of the City.
B. All new Homes must have an anchoring certificate and be certified by a
Licensed Professional Engineer that the homes can withstand the hydrostatic
forces of a flood.
C. An Elevation Certificate certifying the lowest floor of the manufactured home
and any utilities or equipment that cannot be designed to minimize and
eliminate infiltration of floodwaters and impairment or damage due to flooding,
such as air conditioners, are elevated to BFE +1-foot, based upon the most
current Flood Insurance Rate Map applicable to the site.
a. Note, Flood Insurance Rate Maps establish the boundary of the
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floodway, floodway fringe, and the Base Flood Elevation for the specified
100-year storm event. As new Maps are adopted all new Homes must
be elevated to the BFE in effect with new Flood Insurance Rate Maps.
D. A compaction certificate certifying that the fill is compacted in cases where the
anchoring system of the home is placed upon fill.
E. A certificate that shows that the piers for the homes can withstand the
Hydrodynamic forces of a flood.
F. Iowa DNR acceptance of the variance and conditions prior to placement of any
new home within the Park.
G. Failure to comply with these conditions, including obtaining flood plain permits
is a violation of the Ames Municipal Code and will result in the revocation of the
variance for all future homes if any future compliance issues are not resolved
in a timely manner.
2. The Zoning Board of Adjustment can approve a limited Variance with the
conditions listed in Alternative #1 and with the condition that the variance
authorizes placement of homes at BFE plus 1-foot until January 1 , 2039. After this
date, no new home may be placed on the site without complying with all Flood
Plain development standards of the City (including BFE +3 feet, or what standard
is in effect at the time) or seek approval of a new variance. All existing homes as
of that date may continue to be occupied. This condition would not limit the
property owner from applying for a new variance.
3.The Zoning Board of Adjustment may approve the Variance as described in
Alternative #1 with modified or additional conditions.
4.The Zoning Board of Adjustment can deny the requested Variance to allow
placement of Factory Built Homes at 1006 S Dayton Place at BFE Plus 1' by
adopting findings that the evidence does not support the explicit finding of
consistency with all the Variance criteria.
5. The Zoning Board of Adjustment may table this Variance request and seek further
information from the applicant or from staff.
PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION:
It is the conclusion of staff, based upon an analysis of the proposal and the applicant's
information, that the request for a Variance can be found to meet all of the criteria as
described in the Addendum. Although full redevelopment of the entire site is not evaluated
in relationship to the hardship finding, the individual impacts of meeting elevation
requirements on a home-by-home basis can support a finding of financial hardship with
the most practical method of elevation potentially resulting in a reduction of the number
of homes on the site compared to its historical 66-unit capacity.
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Although staff supports findings for approval of the variance request, staff also believes
the combination of unique attributes of a mobile home park with changing of homes and
occupants and evolving flood plain regulations can support application of limit on the
period of use and operation benefitting from the variance as authorized by Sec.
9.7(3)(e)(ii)(b).
Conditioning the length of the variance is unique to this situation. Flood plain conditions
can change with updated Flood Insurance Rate Maps, this occurs on a fairly regular 10-
15 year basis. Allowing for continued use of the site to recoup investment for an additional
15 years with the goal of eliminating the nonconforming conditions of the site in the long
run support a limited duration of the approval. No existing homes would be impacted by
the expiration of the variance, it would only require new homes to comply or a new
variance to be approved.
It should also be noted that the variance approval only applies to the setting of the
new homes, the other criteria related to damage to a nonconforming structure
(including factory-built homes) requiring replacement along with all other
standards related to nonconformities, including discontinuance of use, will
continue to apply.
The applicant will need to submit Flood Plain Development Permits for each individual
new home that demonstrates compliance with the conditions of this Variance and all other
Floodplain Development Standards. Upon any issuance of a Variance and prior to
placement of a new home, the Iowa DNR must also accept the variance approval by the
ZBA.
Staff does not guarantee that a new home can meet the criteria listed in the conditions of
approval in this Variance. The owner bears the responsibility of demonstrating each new
Home can meet the criteria in Chapter 9 and the conditions listed above.
The Planning Housing Department recommends approval of the Variance as
described in Alternative#2 which is to approve a Variance with the listed conditions
of Alternatives #1 but also adding a condition that the Variance be limited to a
duration of 15 years..
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ADDENDUM
Staff makes the following findings of fact and conclusions for each of the Variance criteria:
a. No variance shall be granted for any development within the Floodway
Overlay District which would result in any increase in the base flood
elevation. Consideration of the effects of any development on flood levels
shall be based upon the assumption that an equal degree of development
would be allowed for similarly situated lands.
FINDING: The property the Variance is proposed on is not located within the
Floodway Overlay District.
CONCLUSION: Since the property is not located within the Floodway Overlay
District the consideration of Floodway standards does not apply. The property is
located within the Floodway Fringe, which is predicted to be filled and allows
placement of various structures that comply with floodplain development
standards.
Therefore, the Board can conclude this criterion is met.
b. Variances shall only be granted upon:
(i) A showing of good and sufficient cause,
(ii) A determination that failure to grant the variance would result in an
unnecessary hardship to the applicant, and
FINDING: The applicant claims in their application that failure to grant the variance
would result in a hardship due to the technical construction constraints of placing
the homes on the site with regard to the process of moving the homes in, the type
of pier needed to ensure protection against wind loads due to the profile of the
home being higher above the natural grade and that the additional fill required
would restrict use of the area immediately around the homes and cause higher
decks and longer stairways into the homes. Documentation has been included by
the applicant. This documentation shows the process of moving homes in,
associated costs and how the foundations of the homes are constructed.
CONCLUSION: It is demonstrated that it would be more difficult and in some cases
much more difficult, for the applicant to place the homes on site and as such
additional cost and engineering would be added to the process as well as likely
losing the number of available home spaces. Staff acknowledges that Factory Built
Homes are a different type of home than `stick built' single family or multi family
structures. Factory Built Homes also are approved to be developed in detached
close proximity to one another where driveways, access and utilities are often
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physically abutting the lot area of the neighboring home. Also, the pads the homes
are placed on are not traditionally owned lots by each homeowner. Often times the
residents of the homes own the physical structure and Shady Grove MHC owns
the land. This is a unique characteristic that isn't typically seen in other
developments of detached housing in the community. This particular property has
been developed for several decades and has maintained a large majority of the
site occupied by homes that are lived in. Independently, it's unknown what the
effects of placing fill on the site to meet the current standards could do to the
number of homes that can be accommodated beyond the statements and
information provided by the owner. Staff believes it's likely that it would be difficult
to reasonably place homes as they exist now with the engineering required to do
so.
The only alternative to not otherwise elevating each home to the current standards
is to clear out sections of Shady Grove Mobile Home Park to meet the conditions
that any new Factory Built Home park would be required to meet which involves
tearing up roads and utilities, removing existing homes -or- as homes are removed
by residents and bringing fill in to meet the current elevation standards and then
installing new roads and utilities and placing the homes on the new elevation. This
process, while ideal from a floodplain development and technical engineering
standpoint to meet the elevation requirements, would be long, disruptive to the
neighborhood and present an equally unique challenge to the applicant and to the
existing residents, some of whom have resided at this location for many years.
The board must ultimately decide based on the information provided if a Hardship
is in fact demonstrated. Staff finds that the unique nature of a Factory Built Home
and the pre-existing status of the Factory Built Home Park at this location
contributes to the challenge of placing new homes on the site that the applicant
has provided documentation for and thus can be seen to create a Hardship.
Therefore, the Board can conclude this criterion is met.
(iii) A determination that the granting of the variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, or cause fraud on or
victimization of the public.
FINDING: The Factory built Home Park here has been in existence for nearly 5
decades, since the 1970s. For the majority of that time through the present the
Flood Insurance Rate Maps for this area have shown this property as being in a
floodplain. Many of the existing homes have been placed here with virtually no
elevation. An assessment of floods in 2008 and 2010 showed that while there was
some minor flooding in the park there was not any recorded substantial damage.
CONCLUSION: A Factory Built Home Park has been in existence for many
decades. Elevating new homes to even the State standard of BFE Plus 1-foot
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would in many cases improve the situation of flood risk to the homes. As such the
proposed Variance is not seen to increase flood heights, as the Floodway Fringe
is anticipated to be filled and this property is not in the Floodway itself. Any
additional threats to safety, public expense, nuisance or cause fraud or
victimization of the public are not believed to be caused as the homes placed here
in the future will in many cases have better protection than they currently do now.
Therefore, the Board can conclude this criterion is met.
c. Variance shall only be granted upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
FINDING: The applicant has asked for a Variance to reduce the required elevation
standard for placing new Factory built Homes from BFE plus 3 feet to BFE plus 1-
foot. The reduction request is the same standard as the State standard. The
applicant claims this will allow them to place new homes on site in a manner that
is achievable and not a Hardship to them.
CONCLUSION: The difference between the requested elevation requirement of
BFE Plus 1-foot and the current requirement of BFE plus 3 feet is that the current
requirement is the City of Ames requirement. The applicant is asking for relief from
the City of Ames requirement. Staff has no issue with the requested 2' of relief
since the request is still meets the state requirement and the applicant has
indicated that relief is adequate to address their grievance.
Therefore, the Board can conclude this criterion is met.
(d) In cases where the variance involves a lower level of flood protection for
buildings than what is ordinarily required by this ordinance, the applicant
shall be notified in writing over the signature of the Administrator that:
(i) The issuance of a variance will result in increased premium rates for
flood insurance up to amounts as high as $25 for $100 of insurance
coverage, and
(ii) Such construction increases risks to life and property.
FINDING: Staff has informed the applicant of the requirement in (i) and (ii) regarding
increased premium rates and risk to life and property. Staff will issue a formal letter to the
applicant if the Variance is approved. The owner has indicated to the City that the
individual homeowners carry their own insurance on the physical Factory Built Homes
themselves. The owner would carry insurance on any Factory Built Homes owned by
Shady grove Mobile Home Park.
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CONCLUSION: Staff has informed the applicant in previous discussions about this matter
and will address a formal letter to the applicant if the Variance is approved.
Therefore, the Board can conclude this criterion is met.
(e) All variances granted shall have the concurrence or approval of the
Department of Natural Resources.
FINDING: Staff and the applicant have consulted with the Iowa Department of Natural
Resources. The Floodplain Management Staff at DNR have indicated that a reduction to
BFE Plus 1' would be acceptable pending the Zoning Board of Adjustment Review and
consideration. They would not support an allowed elevation below BFE plus 1-foot as that
height is the minimum state standard. If the Zoning Board of Adjustment approves a
Variance request to BFE plus 1', the Department of Natural Resources would then likely
endorse the decision.
CONCLUSION: The Department of Natural Resources has given their input. The
applicants request meets the State of Iowa standard of BFE Plus 1-foot.
Therefore, the Board can conclude this criterion is met.
When considering Variances, the Zoning Board of Adjustment must make its
decision based on the following factors:
1. The danger to life and property due to increased flood heights or velocities caused
by encroachments.
The proposed Variance is not seen to increase velocities of flood water flow or
increased heights from encroachments. The proposal is not located within the
floodway. The Floodway Fringe, where this property is located, is anticipated to be
filled. The anticipated fill is factored into Flood Insurance Rate Maps that determine
the extent of the floodplain. Development has existed on this property since the
1970's. Any flood waters have already been impacted by this property.
2. The danger that materials may be swept onto other lands or downstream to the
injury of others.
Staff is placing conditions on the approval of a Variance here. If approved, staff is
conditioning that the homes be tied down properly, demonstrate construction that
ensures they will not move off their foundation during a flood and have all utility
and sanitation systems elevated or floodproofed accordingly.
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3. The proposed water supply and sanitation systems and the ability of these systems
to prevent disease, contamination and unsanitary conditions.
If approved, the Variance would require that all water and sewer connections be
elevated to a minimum of BFE plus 1' or demonstrated to be floodproofed so as to
prevent contamination during a flood.
4. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
The property and homes contained on it at this location are located in the floodway
fringe. As such they are susceptible to flooding at the rate of a 1% chance of a 100
year level flood in any given year.
5. The importance of the services provided by the proposed facility to the community.
The property at this location contains Factory Built Homes that provide housing to
residents of the community. This property has facilitated housing since the 1970s.
6. The requirements of the facility for a flood plain location.
The current requirements of this property are that all new homes placed on site be
elevated so that the lowest floor of the homes is a minimum of 3' above BFE as
well as all utility and sanitary systems.
7. The availability of alternative locations not subject to flooding for the proposed
development.
The applicant has not provided information regrading alternative sites not subject
to flooding for placing Factory Built Homes as an alternative to this location.
8. The compatibility of the proposed development with existing development and
development anticipated in the foreseeable future.
The applicant has described in their attached statements that it will not be possible
to place a home on a site and not impact the layout of the homes in the home park
overall. Limited detailed information has been provided by the applicant beyond
their statement. Staff can agree that the placement of fill required to achieve BFE
plus 3 feet could be problematic when considering the close proximity of the homes
in the existing layout. However, no assessment has been formally done by staff.
Any other development on neighboring properties elsewhere is not seen to be
impacted by compatibility issues if the Variance is approved or not approved as
any other property in the floodplain in this area has the same requirements of
Chapter 9. The area is a mix of Factory Built Homes, commercial development,
industrial development and undeveloped land.
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9. The relationship of the proposed development to the comprehensive plan and flood
plain management program for the area.
Ames Plan 2040 recognizes the existing residential nature of this property and
anticipates all residential development here will comply with zoning (Chapter 29)
and Floodplain standards (Chapter 9). The Comprehensive Plan does not create
an expectation that defeats the Floodplain Development Standards here.
10.The safety of access to the property in times of flood for ordinary and emergency
vehicles.
The requested Variance does not change the street layout or access to the
property from its current configuration.
11.The expected heights, velocity, duration, rate of rise and sediment transport of the
flood water expected at the site.
The proposed Variance is not seen to affect or change the expected heights,
velocity of flow, duration of flood or affect any rate of rise nor affect sediment levels
or transport to or within the site.
12.Such other factors which are relevant to the purpose of this ordinance.
It should be noted that while staff is agreeable to allowing BFE plus 1 foot in this
case, the BFE plus 3 feet requirement accounts for potentially higher floodwaters
in the largest floods. While historic records on this property are unclear or don't
indicate major damage in previous recent flooding, any given flood event can be
unpredictable. Residents who move into or place new homes at this location may
be subject to higher insurance premiums in the future and a greater risk to life and
property.
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Attachment A- Location Map
S E`T H S T
1006 South Dayton Place
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Attachment B- Flood Plain Boundaries
FloodwaV Boundary
(HigWy Restricts Development) Flood��ay Fringe
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