HomeMy WebLinkAboutA001 - Variance Application 814 Wilson Avenue Effective Date: December 14, 2022
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Variance
Application Packet
1. Application Packet The “Application Packet” for a Variance includes the following:
• Application Form
• Supporting Information
• Site Plan Checklist
• Adjoining Property Owner Support Statement (Completion of this form is optional)
Be sure to complete and submit all the required materials that are part of this Application
Packet. Failure to do so will result in a delay in accepting your application until it is
complete.
2. Zoning Board of Adjustment Meetings Within three days after the application is received, staff
will determine if the application is complete and notify the applicant. Once staff has determined it
is complete, staff will contact the applicant to discuss the application, including possible timelines
for Board consideration. The Zoning Board of Adjustment conducts a public hearing, considers
the recommendation of the Planning and Housing staff and makes the final decision, based on
the standards in the Ordinance. The Board meets on the second Wednesday of the month at
6:00 p.m. in the City Council Chambers. Additional meetings may be held on the fourth
Wednesday of the month, April through October. The Board must approve, deny, or modify the
Special Use Permit application within 60 days of the public hearing.
3. Submittal and Filing Fee The complete application and filing fee must be submitted to:
Department of Planning and Housing
City of Ames
515 Clark Avenue, Room 214
Ames, Iowa 50010
E-mail: planning@cityofames.org
The filing fee of $150.00 is required at the time the application is submitted.
4. Site Plan and Architectural Elevations The applicant shall submit a Site Plan, drawn to scale,
that clearly shows the variance being sought. The Site Plan shall be a reproducible, black line
drawing on a sheet of paper no larger than 11” x 17”. If a Major or Minor Site Development Plan
was submitted as part of the development approval process for the subject property, then that
Major or Minor Site Development Plan should be submitted with the Variance application.
If the project for which the Variance is sought is a single-family dwelling, a two-family
dwelling, or other use exempt from the requirement for a Site Development Plan, then the
Site Plan shall include at a minimum the following information:
• Dimensioned property lines
• Abutting streets and alleys
• Location and size of all existing and proposed buildings and structures (Include distances to
all property lines and distances between buildings and structures)
Effective Date: December 14, 2022
2
• Required setbacks
• Driveways and parking areas, fully dimensioned
• Other pertinent information necessary to fully understand the need for a Variance
(e.g., significant change in topography, location and size of mature trees, etc.)
Architectural elevations also should be submitted, where appropriate, to assist the Board in
making its decision. These architectural elevations should be black line drawings, drawn to scale
on a sheet of paper no larger than 11”x17”.
5. Photos and Exhibits Materials submitted with the application or presented as evidence during
the public hearing will not be returned and must be kept as part of the public record.
6. Notification The City will mail a notice to all property owners within 200 feet of the property that
an appeal for a Variance has been filed. This notification is done so that concerned individuals
will have an opportunity to learn about what is being proposed and can present information on
this matter to the Zoning Board of Adjustment.
IF YOU HAVE QUESTIONS ABOUT COMPLETING THIS APPLICATION
PLEASE CONTACT THE DEPARTMENT OF PLANNING AND HOUSING.
Phone: 515-239-5400
E-mail: planning@cityofames.org
Effective Date: December 14, 2022
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Variance
Application Form
(This form must be completely filled out before the application will be accepted)
1. Property Address for this Variance Application:
2. Legal Description (attach if lengthy):
3. I (We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of Adjustment
to grant a Variance to the Zoning Ordinance to allow the issuance of a Zoning Permit to permit:
4. The Zoning Permit was refused because:
5. Property Owner:
Business:
Address:
(Street) (City) (State) (Zip)
Phone Number: E-mail:
6. Applicant:
Business:
Address:
(Street) (City) (State) (Zip)
Phone Number: E-mail:
7. Contact Person:
Business:
Address:
(Street) (City) (State) (Zip)
Phone Number: E-mail:
Effective Date: December 14, 2022
4
The Zoning Board of Adjustment may grant a Variance, provided the Board members can
make a finding that the Variance will not result in unnecessary hardship, will not be contrary
to the public interest, will observe the Spirit of the Ordinance, and shall result in substantial
justice.
This appeal will not be granted unless sufficient facts are presented in this application to
justify the variance in light of the standards and to show that the granting of the variance relates to
the intent and purposes of the Zoning Ordinance and the Comprehensive Plan.
Approval of the Variance 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 other applicable agencies.
I (We) certify that I (we) have been denied a Building/Zoning Permit, that I (we) have submitted all the
required information to appeal for a Variance, and that said information is factual.
Signed by: Date:
Property Owner(s)
Printed Name
Note: No other signature may be substituted for the Property Owner’s Signature.
Effective Date: December 14, 2022
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Variance
Supporting Information
(This form must be filled out completely before your application will be accepted)
The Zoning Board of Adjustment can grant a Variance only if all of the following standards
are satisfied. In order to facilitate review of this application for a Variance, the applicant must
address each of the Variance Standards set forth in Section 29.1504(4) of the Zoning Ordinance,
which are listed below.
(Note: The applicant’s explanation of how the request meets each standard may be attached on a
separate sheet if sufficient space is not provided.)
1. Variance Standards The Zoning Board of Adjustment shall review each application for the
purpose of determining that the Variance Standards are satisfied. Pursuant to Iowa law, a
variance shall be granted only if all of the following standards are satisfied:
(a) The granting of the variance shall not be contrary to the public interest.
Please present information to indicate that the Variance will not result in injury or
endangerment to other property or persons, nor will it devalue nearby property.
Explain how the request meets this standard:
Effective Date: December 14, 2022
6
(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;
To meet this standard, please show that all beneficial use and/or enjoyment of the
property will be lost if the Variance is not granted. Supporting evidence from a
professional appraiser, realtor, or other professional, may be necessary to support
your appeal. The Zoning Board of Adjustment may require documentation of loss
of value in order to grant this variance.
Explain how the request meets this standard:
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions of the neighborhood;
Please show that the physical circumstances on the subject property are unique
and unlike other properties in the vicinity.
Explain how the request meets this standard:
Effective Date: December 14, 2022
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(iii)The use to be authorized by the variance will not alter the essential
character of the locality.
Please show that the proposed use is compatible with the character of the
surrounding area.
Explain how the request meets this standard:
(c) The spirit of the ordinance shall be observed even when the variance is granted.
Please show that the Variance is consistent with the intent of the Sign Ordinance, Zoning
Ordinance, and the Comprehensive Plan. A Variance would not be consistent with the
intent if alternatives for development exist that do not require a Variance.
Explain how the request meets this standard:
Effective Date: December 14, 2022
8
(d) Substantial justice shall be done as a result of granting the variance.
Explain how the request meets this standard:
Effective Date: December 14, 2022
9
Variance
Site Plan Checklist
(For Properties Occupied by a Single-Family or Two-Family Dwelling)
(This form must be filled out completely before your application will be accepted)
The applicant shall submit a Site Plan, drawn to scale, that clearly shows the Variance being
sought. The Site Plan shall be a reproducible, black line drawing on a sheet of paper no
larger than 11”x17”. If the project for which the Variance is sought is a single-family or two-
family dwelling, or other use exempt from the requirement for a Site Development Plan, then
the Site Plan shall include, at a minimum, the following information:
(NOTE: If the proposed project requires approval of a Major or Minor Site Development Plan, it
should be included with this application for a Variance, not the Site Plan described on this checklist.)
❑ Dimensioned property lines
❑ Abutting streets and alleys
❑ Location and size of all existing and proposed buildings and structures (include distances to all
property lines and distances between buildings and structures.)
❑ Required setbacks
❑ Driveways and parking areas, fully dimensioned
❑ Other pertinent information necessary to fully understand the need for a Variance
(e.g., significant change in topography, location and size of mature trees, etc.)
Effective Date: December 14, 2022
10
Adjoining Property Owner Statement
(Completion of this form by the applicant is optional)
To Whom It May Concern:
We, the undersigned, own property adjoining Ames, Iowa.
It is our understanding that has filed an
appeal with the Zoning Board of Adjustment to allow
As adjoining property owners, we would have no objections to the issuance of this building permit for
the purposes stated above.
NAME ADDRESS DATE
1
Rekemeyer, Natalie
From:Moore, Justin
Sent:Friday, December 6, 2024 12:30 PM
To:Rekemeyer, Natalie
Subject:FW: 814 Wilson Avenue Variance Responses 1
From: kb iowacommunication.com <kb@iowacommunication.com>
Sent: Wednesday, December 4, 2024 3:57 PM
To: Moore, Justin <justin.moore@cityofames.org>
Subject: Re: 814 Wilson Avenue / Keystone Equity Group
[External Email]
Approximately $260,000
On Dec 4, 2024, at 1:17 PM, Moore, Justin <justin.moore@cityofames.org> wrote:
Thank you. And what was the cost to construct?
From: kb iowacommunication.com <kb@iowacommunication.com>
Sent: Wednesday, December 4, 2024 3:10 PM
To: Moore, Justin <justin.moore@cityofames.org>
Subject: Re: 814 Wilson Avenue / Keystone Equity Group
[External Email]
The total cost is approximately $105,000. Thanks!
On Dec 4, 2024, at 12:59 PM, Moore, Justin <justin.moore@cityofames.org>
wrote:
On the costs, do you have an overall number with the roof, garage and other issues
that are not met ‘combined’ that you could estimate to me in total that it would cost
to make the home totally compliant?
Thanks,
Justin
From: kb iowacommunication.com <kb@iowacommunication.com>
Sent: Tuesday, December 3, 2024 10:14 AM
2
To: Moore, Justin <justin.moore@cityofames.org>
Subject: Re: 814 Wilson Avenue / Keystone Equity Group
[External Email]
It would be at least $32,000
On Dec 3, 2024, at 9:55 AM, Moore, Justin
<justin.moore@cityofames.org> wrote:
Good Morning,
Can you tell me what the cost of replacing the current roof would be
if you had to replace it to meet the pitch and gable standards? This
will be used in my report and analysis.
Thanks,
Justin
From: kb iowacommunication.com <kb@iowacommunication.com>
Sent: Monday, December 2, 2024 2:16 PM
To: Diekmann, Kelly <kelly.diekmann@cityofames.org>; J.D. Albright
<buildmore4you@gmail.com>; VanMeeteren, Sara
<sara.vanmeeteren@cityofames.org>; Anderson, Ray
<ray.anderson@cityofames.org>; Higgins, Rich
<rich.higgins@cityofames.org>
Cc: Moore, Justin <justin.moore@cityofames.org>; Carter, Eileen
<eileen.carter@cityofames.org>
Subject: Re: 814 Wilson Avenue / Keystone Equity Group
[External Email]
Hi Sara,
I just wanted to check in and see if our application looks good
to you or if there's anything else we need to add. JD sent it over
on November 22nd.
Additionally, could you please confirm if we're still scheduled
for the Board of Adjustment review next Wednesday,
December 11th?
Thanks so much!
KB
3
From: Diekmann, Kelly <kelly.diekmann@cityofames.org>
Sent: Monday, November 18, 2024 10:39 AM
To: kb iowacommunication.com <kb@iowacommunication.com>; J.D.
Albright <buildmore4you@gmail.com>; VanMeeteren, Sara
<sara.vanmeeteren@cityofames.org>; Anderson, Ray
<ray.anderson@cityofames.org>; Higgins, Rich
<rich.higgins@cityofames.org>
Cc: Moore, Justin <justin.moore@cityofames.org>; Carter, Eileen
<eileen.carter@cityofames.org>
Subject: RE: 814 Wilson Avenue / Keystone Equity Group
Hi J.D, I think you have all the information needed to
go ahead with the variance application. I put the link
to the variance application below. . You can email the
application packet into me. I am waiving the
application fee. I need the application back by
November 22nd so we can publish notice for the
meeting. The ZBA hearing date is December 11th.
I am going to have a Planner Justin Moore do the
variance application report for the ZBA.
Link to the application form-
https://www.cityofames.org/home/showpublisheddo
cument/69535/638181942689970000
As we said before we can consult on a draft if you
want before submitting the formal application.
Kelly Diekmann
Planning and Housing Director
515.239.5400- main| 515.239.5181 direct| 515.239.5404 -fax
kelly.diekmann@cityofames.org | City Hall, 515 Clark Avenue |
Ames, IA 50010
www.CityofAmes.org | ~ Caring People ~ Quality Programs ~
Exceptional Service ~
<image001.png>
From: kb iowacommunication.com <kb@iowacommunication.com>
Sent: Wednesday, November 13, 2024 4:47 PM
4
To: J.D. Albright <buildmore4you@gmail.com>; VanMeeteren, Sara
<sara.vanmeeteren@cityofames.org>; Diekmann, Kelly
<kelly.diekmann@cityofames.org>; Anderson, Ray
<ray.anderson@cityofames.org>; Higgins, Rich
<rich.higgins@cityofames.org>
Subject: Re: 814 Wilson Avenue / Keystone Equity Group
[External Email]
Hi Sara,
The total cost to convert the current garage to finished living
space and add a 2 car garage off of the alley is approximately
$73,000. This is not financially viable and would put us in a
very difficult position.
Thanks!
KB
From: J.D. Albright <buildmore4you@gmail.com>
Sent: Friday, November 8, 2024 9:52 AM
To: Sara VanMeeteren <sara.vanmeeteren@cityofames.org>;
kelly.diekmann@cityofames.org <kelly.diekmann@cityofames.org>;
ray.anderson@cityofames.org <ray.anderson@cityofames.org>;
rich.higgins@cityofames.org <rich.higgins@cityofames.org>
Cc: kb iowacommunication.com <kb@iowacommunication.com>
Subject: 814 Wilson Avenue / Keystone Equity Group
Sara,
I wanted to send you a follow up of our meeting we had on Tuesday
November 5th.
Please find a digital plan of the plan changes proposed.
Note the changes made from original plan approved.
* 2 car garage reduced down to single car garage.
* added window on garage front.
* horizontal windows on 2nd story switched to vertical windows.
-Front porch at the entry left as a discussion item.
I will send a separate email to include site plan to include driveway
and 2 car garage off of Alley and 10 foot single car driveway.
Keystone Equity Group will work on a total cost to convert garage to
complete finish living space / eliminating front garage totally.
Sincerely,
J.D. Albright
5
J.D. Albright
Platinum Homes
1027 Norwood Court,
Norwalk Iowa 50211
515-897-9062
buildmore4you@gmail.com
1
Rekemeyer, Natalie
From:Moore, Justin
Sent:Friday, December 6, 2024 12:31 PM
To:Rekemeyer, Natalie
Subject:FW: 814 Wilson Avenue Ames Variance responses 2
-----Original Message-----
From: J.D. Albright <buildmore4you@gmail.com>
Sent: Friday, December 6, 2024 11:41 AM
To: Moore, Jus n <jus n.moore@cityofames.org>
Cc: kb iowacommunica on.com <kb@iowacommunica on.com>; Steven Camerona <stevencamerona@iowarealty.com>
Subject: 814 Wilson Avenue Ames
[External Email]
Jus n,
A follow up to our conversa on as it pertains to 814 Wilson Avenue.
Original Demo Cost: 30k
An cipated sales price: 350k
Note: The sales price number is what is an cipated however the sales price would have to increase with what will
poten ally be required in addi onal design changes set forth.
The applicant is trying to keep this build affordable to the new construc on market and the need for affordable housing.
Sincerely,
J.D. Albright
Sent from my iPhone