HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 5-8-20131
MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA MAY 8, 2013
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on May
8, 2013, in the Council Chambers of City Hall with the following members present: Patrick Brooks,
Shelby Ebel, Elizabeth Erbes, and Gary Taylor. Board Member Sandra McJimsey was absent. Staff
members Karen Marren and Judy Parks were also present.
APPROVAL OF MINUTES: Moved by Erbes, seconded by Brooks, to approve the minutes of the
meeting of April 10, 2013, as written.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 13-05
EXCEPTION FOR MINOR AREA MODIFICATION -JONATHAN AND JULIE STURM,
535 HAYWARD AVENUE
Public Hearing on application for Exception for Minor Area Modification to allow a 2 foot
reduction in the front yard setback
City Planner Karen Marren explained that the application is a request to allow a reduction in the front
yard setback from 25 feet to 23 feet on the east side of a single family residence at 535 Hayward
Avenue. The owners wish to enclose a portion of the existing front porch, which currently encroaches
two feet into required front setback.
Ms. Marren reviewed the project details and findings of fact and conclusions from the staff report.
She noted that one of the criteria for an Exception is that special circumstances or practical
difficulties must apply to the property such that the terms of the ordinance cannot be satisfied. She
said that it is up to the ZBA to determine if a practical difficulty exists.
Board Member Erbes inquired about the character of the other porches in the neighborhood. Ms.
Marren indicated that there is a variety of both open and enclosed porches.
Board Member Taylor stated that he drove through the area to look at the properties. He noted that
one of the adjacent properties belongs to the University. He also referenced the ZBA Decision &
Order (D&O) that was provided by the applicant, which was issued in 2003 for the subject property.
The D&O indicates that the use of the property precedes zoning ordinances.
Duane Jensen, JCORP, 708 North Highway 69, Huxley, Iowa, stated that he was speaking on behalf
of the applicants. Mr. Jensen said that the applicants have been given a piano through the family, and
it would be better positioned out of the foyer. They propose to enclose the front porch in order to
accommodate the piano. The addition will not significantly change the general look and character of
the house.
Upon being questioned by Ms. Erbes, Mr. Jensen indicated that the addition will be one story, and
the roof line will be similar to what exists currently. He has yet to determine whether the entire porch
or only part of it will be removed and rebuilt.
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City Attorney Judy Parks asked if the addition would still function if placed elsewhere on the house.
Mr. Jensen explained that they discussed putting the addition on the back side, but the backyard is
already minimal. Functionally, putting it on the front would work much better. Mr. Taylor asked if
the applicants had discussed doing a 5-foot-10-inch addition as opposed to a 7 foot addition. Mr.
Jensen said that it was discussed, but due to the piano size and living room size, it would be a tight
fit. Possible locations of the piano were discussed.
Moved by Brooks, seconded by Erbes, to adopt ORDER NO. 13-05, thereby approving the request
for an Exception for Minor Area Modification to reduce the front setback from the minimum required
25 feet to 23 feet for the proposed addition at 535 Hayward Avenue, based on the findings of fact and
conclusions as stated in the staff report.
Mr. Taylor said that he is struggling with the special circumstances criterion; the fact that this
property predates zoning could be considered a special circumstance. Mr. Brooks said that it is
important that there is a vacant piece of University property adjacent to the subject property, which
lessens the impact. He said that he has not read anything that indicates there needs to be a hardship
in order for the request to be approved, and it would be reasonable to accommodate the applicants’
request.
Vote on Motion: 4-0. Motion declared carried unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by Ebel, second Erbes, to adjourn the meeting at 7:25 p.m.
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Emily Burton, Recording Secretary Gary Taylor, Chair