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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 6-12-20131 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JUNE 12, 2013 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on June 12, 2013, in the Council Chambers of City Hall with the following members present: Shelby Ebel, Elizabeth Erbes, Sandra McJimsey, and Gary Taylor. Board Member Patrick Brooks was absent. Staff members Karen Marren and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Erbes, seconded by Ebel, to approve the minutes of the meeting of May 8, 2013, as written. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 13-06 VARIANCE - GALEN WILKE, 2136 FRILEY ROAD Public Hearing on application for Variance to allow pergola, including footings, three feet from the east property line at 2136 Friley Road City Planner Jeff Benson explained that the applicant wishes to construct an overhead pergola on the east side of the property, between the east wall of the house and the east property line south of the garage. Before July of 2012, there was a large shade tree on the neighbor’s property which shaded the applicant’s concrete patio. That tree has been removed, and thus the applicant proposes to construct a pergola to provide shade. Since the house is two stories, the side setback for this property line is eight feet. The Zoning Ordinance requires the structural posts of the pergola to be at least eight feet from the property line. However, the roof overhang could extend to within three feet of the property line. The existing concrete patio extends to within 40 inches of the side property line; therefore, to comply with the side setback, the posts and footings supporting the pergola would need to be placed inside the patio. The property owners are proposing to place the footings and posts east of the patio, approximately three feet from the property line. The applicable law, variance criteria, and findings of fact and conclusions were reviewed by Mr. Benson. He noted that staff found the application to meet all but two of the variance criteria; first, that the land in question cannot yield a reasonable return if used only for a purpose allowed in the Code. Mr. Benson said that no evidence or argument has been presented that the value of the property would be diminished if the variance was not granted. A pergola can be constructed conforming to the setback requirement, which will shade part of the patio, therefore maintaining its usefulness. The second unmet criterion is that substantial justice shall be done as a result of granting the variance. Mr. Benson said that, because there are other options that would require no variance at all, substantial justice would not be done if a variance were to be granted. Because all of the criteria need to be met in order for a variance to be approved, Mr. Benson stated that it is staff’s recommendation that the application be denied. Upon being questioned by Board Member Erbes, Mr. Benson confirmed that the roof of the pergola would be allowed to extend three feet into the required eight-foot setback, or five feet from the property line. Various measurements and options were discussed by the Board. 2 Frances Wilke, 2136 Friley Road, Ames, Iowa, was sworn in and testified under oath. Ms. Wilke said that she and her husband put the patio in about eight or nine years ago. At that time, there was a 25- year-old tree in the neighbor’s yard which provided shade, which has since been cut down. They have planted trees to provide shade eventually, but it will take years before they will shade the patio adequately. Ms. Wilke indicated that the pergola is meant to be temporary until the trees grow large enough. Because of that, they do not want to pierce the concrete patio and compromise its integrity in order to put the pergola footings in it. Distances and various options for the pergola were discussed at length. Board Member McJimsey asked the applicant if she had any additional information to counter City staff’s judgment that two of the criteria have not been met. Ms. Wilke said that she and her husband do think that the concrete would be compromised if it were pierced in order to put in the pergola footings. Board Member Ebel said that she believes there are a multitude of other options for the applicant. Although they do not wish to cut into the concrete, the fact is that they can. Chair Taylor agreed; although they may not be the best or most favored, there are other options that would be legal under the Code. Board Member Erbes agreed. Ms. Wilke asked the Board to share ideas for other options other than what she has proposed; she has exhausted all options and does not feel that there are any others. Mr. Taylor said that it is not the Board’s role to give design advice. Ms. McJimsey added that they are required to ensure that all of the variance criteria are met; she does not think that they have heard any evidence to that end. Moved by Ebel, seconded by Erbes, to deny ORDER NO. 13-06, thereby denying the request for a variance to allow a side setback reduction on the east property line for an accessory structure, based upon the findings of fact and conclusions as stated in the staff report. Ms. Wilke noted that the front entrance of City Hall has the same brick work as her patio, and it is crumbling on the edges. If they have to pierce through the patio, it will be very unsightly. Vote on Motion: 4-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by McMimsey, seconded by Erbes, to adjourn the meeting at 7:39 p.m. _____________________________________________________________________ Emily Burton, Recording Secretary Gary Taylor, Chair