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HomeMy WebLinkAbout~Master - DO NOT USECITY OF AMES, IOWA ZONING BOARD OF ADJUSTMENT IN THE MATTER OF THE °h APPLICATION OF CHUCK CASE NO. 24-02 WINKLEBLACK ON BEHALF OF FLUMMERFELT'S SHADY GROVE MHC PARCEL ID: 10-07-300-020 FOR A FLOOD PLAIN VARIANCE TO ALLOW FOR PLACEMENT OF FACTORY -BUILT HOMES BELOW BASE DECISION & ORDER FLOOD ELEVATION (BFE) AS PROVIDED IN CHAPTER 9 OF THE AMES MUNICIPAL CODE FOR THE PROPERTY AT 1006 S. DAYTON PLACE FACTS This application came before the Board for a request for a Flood Plain Variance at 1006 S. Dayton Place for the placement of factory -built homes at a required Base Flood Elevation (BFE) that is two feet lower than the required Base Flood Elevation Protection Level in Chapter 9 of the Ames Municipal Code. Planner Justin Moore stated that this property has been a mobile home park since the 1970's, and there has been flood plain in this area for most the existence of the park. The Base Flood Elevation is the expected flood elevation in a 100-year flood event. Every foot above the BFE provides more protections. The City of Ames has a BFE standard of BFE plus three feet (BFE+3). The State of Iowa has its own standards which is BFE plus one foot. All new developments in the floodway fringe must meet this requirement including utilities and mechanical structures. A consultation meeting was held with DNR as required. DNR stated if there was nothing in the area under the State of Iowa standards which is BFE plus one foot, they would approve the request. Staff asked the Board to approve the Flood Plain Variance with the conditions listed in alternative #2, including a 15-year limit on the variance. Staff requested the 15-year limit as it is within the next update to FEMA's flood plain map. At the expiration of the limited variance, any existing home would be allowed to remain non -conforming so long as it didn't need to be replaced. Property Owner, Mike Flummerfelt, testified to the Board regarding the conditions of the property and the impact of prior flood events at the property. He stated that during the flood of 1993, a large culvert to the south of the property that backed up water into the property. Sometime after that flood event, the City installed a floodgate to remedy the problem and there haven't been issues since the installation. Mr. Flummerfelt said that several homes were damaged during the floods in 1993. Those homes were repaired and remained in the park. No homes were damaged during the 2008 or 2010 floods. Mr. Flummerfelt stated that they like to keep their parks well maintained and affordable for people. As homes continue to age, granting the variance would allow him to upgrade the neighborhood and allow for a clean place for people to live. Mir. FI' eirQli also provided details regarding their installation process and informed the board that both he and his staff are certified installers. Mr. Flummerfelt said raising the footings to meet BFE+3 would require the use of cranes to lift new homes over neighboring homes and may also require the removal of mature trees. There would also be higher costs related to the construction and installation process of the pier. Mr. Flummerfelt stated that grading the lots to a BFE+3 level would lead to a diminished number of lots in the park because of the slope required to meet that standard. Homes are replaced as they meet their useful life. There are currently 14 vacant lots at the park. Mr. Flummerfelt stated that meeting the current criteria was virtually impossible. FINDINGS AND DECISION The Board considered the facts as detailed above and provided in the staff report, the testimony presented at the hearing, 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 Chapter 9 of the Ames City Municipal Code. WHEREFORE, IT IS ORDERED that the request for Flood Plain Variance located at 1006 S. Dayton Place be GRANTED to allow for a limited Variance that authorizes placement of homes Below Flood Elevation (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 the standard in effect at the time) or seek approval of a new variance. All existing homes as of that date may continue to be occupied. The Flood Plain Standards and requirements will apply to the limited. Variance, with the following conditions: 1. 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. 2. 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. 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 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. 4. A compaction certificate certifying . that the fill is compacted in cases where the PQ anchoring systems of the home is placed upon the fill. S. A certificate that shows that the piers for the homes can withstand the hydrodynamic Forces of a flood. 6. Iowa DNR acceptance of the variance and conditions prior to placement of any new borne within the Park. 7. Failure to comply with these conditions, including obtaining flood plain permits is a violation of the tames 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. 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 W'day of January 2024. Natalie Rekerneyer Recording Secretary a Chad Schneider Chair