HomeMy WebLinkAboutA002 - Council Action Form dated 09/10/20251
ITEM #: ##
DATE: 09-10-2025
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: A Request for a Practical Difficulties Variance to allow a structure to
encroach into the 8-foot side setback at 1420-1422 Coolidge Drive in the
“RL” Residential Low Density Zoning District.
BACKGROUND:
This item is continued from the previous meeting on August 27, 2025. The
applicant, Timothy Ashley, in accordance with Sec. 29.1403(4) requested a delay of
consideration as a full five-person Board was not present.
The applicant, Timothy Ashley, is requesting a variance to allow an existing
covered entryway to remain as is and encroach (approximately 3.5 feet) how many
feet) into the 8-foot minimum side yard setback at 1420-1422 Coolidge Drive
(Attachment A). The setback at the closest point would be 4.5 feet if the variance is
granted. The enclosure was noted as zoning violation as part of rental property inspection.
The structure is viewed as an addition to the principal building with it being attached to
the home.
Built in 1965, the structure was built as a single-family home and converted to a duplex.
The Residential Low Density “RL” Zoning District (Attachment B) allows two-family
conversions if they are pre-existing. One of the units, 1422, is registered with the City as
a rental.
Mr. Ashley and his wife purchased the property in 2000. The house is designed in the
split-level style, specifically as a bi-level split: the front door enters onto a landing with a
short staircase that goes up and a short staircase that goes down. The lower level is
partially out of the ground.
The units on the property have separate exterior entrances: 1420 has its entrance at the
front door in the center of the primary façade and 1422 has its entrance to the side (west)
of the house. The entrance to 1422, the rental unit, has the encroachment in question.
The 1422 entrance is depressed below the ground level and has a short flight of five stairs
down to a landing in front of the door. The stairs, landing, and surrounding retaining wall
are concrete. Stairs at or below grade are allowed to encroach within setbacks.
The property has a rental permit, which requires regular inspection. A rental Letter of
Compliance was issued in September of 2021 for three years. In September of 2024, the
inspection renewal began. At that time, rental inspection staff noticed that the roof and
the enclosed entryway had been added without permits and informed the property owners
that the additions would need to be removed. The rental inspection was completed,
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except for the outstanding issue at hand, by January 2, 2025.
A review of Google Streetview images shows that the roof existed in July of 2022. The
enclosed entryway is shown in an image in October of 2024.
The roof projects 5 feet, 4.5 inches from the house to cover the stairs and a depressed
landing (Attachment D & E). The roof is supported by posts set just beyond the retaining
wall. The enclosed entryway is the same width as the roof, though it is higher to account
for the elevation change at the top of the stairs. The enclosed entryway also projects
beyond the front of the house, though there is no front yard setback encroachment.
The new construction, both roof and enclosed entryway, was built without permits and
encroaches into the 8-foot side yard setback. The RL district requires an 8-foot side yard
setback for two-story structures. The west property line of 1420-1422 Coolidge Drive is
not perpendicular to the house; it angles away from the front property line and becomes
farther from the house the farther back it goes.
City staff described allowable encroachments and projections into setbacks to the owner.
If all criteria are met, a 2-foot encroachment might be approved as a Minor Area
Modification or a 3-foot projection of a covering that is unsupported is allowable by-right.
The applicant has chosen to request a variance to allow for the full covering within the
setbacks.
According to the applicant, at its closest point on the northwest corner, the house is
approximately 10 feet from the property line. The house is therefore 2 feet from the
minimum 8-foot side setback. A Minor Area Modification (if the criteria were met and if
granted by the Zoning Board of Adjustment) could project 4 feet from the house. This
projection would not cover the entirety of the stairway, which is over 5 feet wide. The
projection, however, could have posts set into the ground.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL:
The applicant has submitted responses to the variance criteria. See the attached
supporting information prepared by the applicant as part of the “Variance Application
Packet”. Portions of this information in addition to the staff findings are summarized within
the addendum.
APPLICABLE LAW:
The applicant requests a “Practical Difficulties” variance in relation to numeric standards
of the Zoning Ordinance. The Board shall determine, pursuant to Iowa law, whether all
the standards for granting of a variance are satisfied by the Variance Request. Based
upon the criteria defined by state law, the application submitted, and the conditions
of the site, staff was not able to make findings in support of the variance. The
Criteria for Approval and Findings of Fact prepared by staff are included in the Addendum.
Pertinent Sections of the Ames Municipal Code, Chapter 29, Zoning, include the
following:
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Sec. 29.1504. VARIANCE
(4) Standards. Pursuant to Iowa law, a variance, as defined by Iowa Code section 414.12(3), to
the terms of this ordinance, including use, shall be granted only if all the following standards
are satisfied:
(5) Standards for Area, Dimensional, or other Numerical Limitations. A variance for
area, dimensional or other numerical limitations as defined by Iowa Code Section
414.12(4) may be granted where owing to special conditions, a literal enforcement of
the provisions of the ordinance will result in practical difficulties to the property owner
in making a beneficial use of the property allowed by the zoning ordinance, and so
that the spirit of the ordinance shall be observed and substantial justice done. Area,
dimensional, or other numerical limitations subject to variances include but are not
limited to requirements for minimum lot size, setbacks, yard widths, height, bulk,
sidewalks, fencing, signage and off-street parking.
To receive the requested area, dimensional, or other numerical variance, the property
owner must prove that:
(a) The practical difficulties faced are unique to the property at issue and not self -
created;
(b) Demonstrate that granting the variance will not significantly alter the essential
character of the surrounding neighborhood;
(c) The spirit of the ordinance shall be observed even when the variance is granted;
and
(d) Substantial justice shall be done as a result of granting the variance.
PUBLIC NOTIFICATION:
Notification was made to all owners of property within 400 feet. A notice of public hearing
was placed on the property and published in the newspaper.
ALTERNATIVES:
1. The Zoning Board of Adjustment may deny this request for a Variance to allow a
structure to encroach into the 8-foot side yard setback at 1420-1422 Coolidge Drive
by finding there is not evidence that supports the explicit finding of consistency with
all the Variance criteria.
2. The Zoning Board of Adjustment, with specific identified findings of consistency for all
Variance criteria, may approve a Variance to allow a structure to encroach into the 8-
foot side yard setback at 1420-1422 Coolidge Drive.
3. The Zoning Board of Adjustment may table this Variance Request and seek further
information from the applicant or from staff.
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PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION:
The Zoning Ordinance outlines the requirements for development in Ames, including
minimum setbacks. Minimum setbacks are a standard provision in zoning, particularly in
suburban contexts such as the subject property. Setbacks are intended to provide for air
and light, for access and separation between buildings, and to maintain a uniform
appearance to a neighborhood.
The Zoning Ordinance also allows for limited projections into the minimum setbacks,
though none of them would allow for the extent of the requested encroachment at 1420 -
1422 Coolidge Drive.
The applicant states that the encroachment is necessary because of the age of one of
the residents and because of hazards caused by inclement weather. The standard in
the variance criteria, however, is whether or not there are conditions unique to the
property. Neither the age of a resident nor the weather is unique to this property.
The Zoning Board of Adjustment is required to consider a petition for a variance according
to the criteria provided in code. Staff does not find that the requested encroachment meets
any of the four criteria, particularly the first criterion that there be a condition “unique to
the property” as it relates to a practical difficult that is not self-created that warrants the
variance.
It is the conclusion of staff that the variance be denied. This is based upon an analysis of
the Variance Request and the applicant’s information request ing a variance to allow the
building at 1420-1422 Coolidge Drive to encroach into the 8-foot side yard setback.
Therefore, the Planning and Housing Department recommends Alternative #1 to
deny the Variance Request.
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ADDENDUM
Staff make the following findings of fact and conclusions for each of the Variance criteria.
To receive the requested area, dimensional, or other numerical variance, the property
owner must prove that:
(a) The practical difficulties faced are unique to the property at issue and not
self-created.
Findings of Fact: The property at 1420-1422 Coolidge Drive meets the required
minimum lot width (50 feet at the building line) and the required minimum lot area
(6,000 square feet). The lot is 83 feet wide and over 10,000 square feet in size.
The lot is mostly flat: the rear of the lot, which is 110 feet deep, is approximately 4
feet higher than the front.
The applicant states that the variance is needed due to the age of the resident of
the rented unit (the applicant’s mother) and because of the hazards associated
with inclement, winter weather. It is the intent of the applicant to remove the
encroaching covering when the current tenant leaves.
Conclusions: The property at 1420-1422 Coolidge Drive does not have physical
conditions unique to the property that inhibit compliance with the minimum
setbacks. The lot meets the minimum size and width requirements of the RL
Zoning District, and the lot is mostly flat.
The applicant states that the variance should be granted because of the age of a
resident of the dwelling and because of the risks associated with inclement
weather. Neither an individual resident nor winter weather, however, are unique to
this particular property. Residents of any age can live in houses across Ames and
winter weather (snow, sleet, freezing rain, etc.) affects all properties equally.
The applicant intends for the structure to be temporary, which does not impact the
finding that no conditions unique to the property could be identified warranting an
encroachment into the minimum side yard setback.
Therefore, the Board can conclude this criterion is not met.
(b) Demonstrate that granting the variance will not significantly alter the
essential character of the surrounding neighborhood.
Findings of Fact: The encroaching roof covering and enclosed entryway are small:
approximately 12 feet, 3 inches deep by 5 feet, 4.5 inches wide.
There are few two-family conversions in this neighborhood that necessitate a
second entrance. The existence of a second front door is atypical for the area,
which is zoned for single-family. Of the other duplexes nearby, none has a covered
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entryway like that at the subject property.
The applicant states that the structure will have no effect on the surrounding
neighborhood character because the structure will be temporary and that the
design is consistent with external stairways on new home construction.
Conclusions: No other nearby duplexes or single-family homes could be found to
have a similar side entryway or a side entryway that encroaches into a minimum
setback. As the entryway is small, however, it is somewhat unobtrusive, though
noticeable as the architectural style is markedly different from the rest of the house.
That the applicant intends for the encroaching structure to be temporary does not
alter the character or nature of the structure while it exists.
Therefore, the Board can conclude that this criterion is not met.
(c) The spirit of the Ordinance shall be observed even when the variance is
granted.
Findings of Fact: Minimum setbacks on the front, side, and rear are a standard
feature of zoning ordinances, particularly in suburban development such as in the
subject neighborhood. The variable side setback with 6 feet for a single-story
structure, 8 feet for a two-story structure, etc., has existed in Ames since at least
the 1960s. Setbacks preserve the character of a neighborhood and maintain air
and light.
The applicant states that the variance should be granted because the
encroachment will be temporary and because the structure will provide safety for
the resident of the unit. The applicant further states that he sees one of the
purposes of a Zoning Ordinance to be maintaining safe living conditions.
Conclusions: The Zoning Ordinance does not allow exceptions to setbacks based
on climate. Whether a structure is intended by the applicant to be temporary is not
a criterion for consideration. If the presence of inclement weather is the basis for
granting a setback encroachment, then all such requests in Ames would need to
be granted.
Therefore, the Board can conclude that this criterion is not met.
(d) Substantial justice shall be done as a result of granting the variance.
Findings of Fact: Substantial justice speaks to the requirement that the hardship
must be peculiar to the property or that an issue of equity in use of property exists.
The hardship must be peculiar to the property and not shared by the community.
The applicant states that the resident of the unit would be safer if the stairs are
kept covered by the encroaching structure.
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Conclusions: The applicant does not point to a unique aspect of the property, nor
could staff identify one. From the perspective of the Zoning Code, the age of the
residents and the recurrence of winter weather are not relevant.
Therefore, the Board can conclude that this criterion is not met.
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Attachment A – Aerial Map
This aerial only shows
the covering over the
stairs. The enclosed
entryway had not yet
been constructed
when this aerial
image was captured.
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Attachment B – Location & Zoning Map
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Attachment C – Application
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Attachment D – Applicant Site Plan Drawings
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Attachment E – Applicant Photographs
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