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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 9-25-20131 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA SEPTEMBER 25, 2013 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on September 25, 2013, in the Council Chambers of City Hall with the following members present: Shelby Ebel, Elizabeth Erbes, and Patrick Brooks. Chair Gary Taylor and Vice Chair Sandra McJimsey were absent. Staff members Ray Anderson and Mark Lambert were also present. APPROVAL OF MINUTES: Moved by Brooks, seconded by Ebel, to approve the minutes of the meeting of July 24, 2013, as written. Vote on Motion: 3-0. Motion declared carried unanimously. CASE NO. 13-09 EXCEPTION FOR MINOR AREA MODIFICATION - BERG, 2302 SUNDOWN DRIVE Public Hearing on application for Exception for Minor Area Modification to allow existing structure to encroach into the front yard setback on the property located at 2302 Sundown Drive City Planner Ray Anderson said that the subject property is a corner lot located at 2302 Sundown Drive. The single family home on the lot was built in 2002, and the home was constructed with a setback of approximately 22.96 feet from the front property line abutting Sundown Drive. This violated the 25 foot minimum required setback at the time of construction. Mr. Anderson explained that the setback violation was discovered when the current property owner placed the property on the market for sale. The owner now seeks an Exception for Minor Area Modification to bring the property into compliance. Mr. Anderson reviewed the Exception criteria and findings of fact and conclusions as outlined in the staff report. Staff’s analysis was that the application met all of the criteria. He also noted that City staff received no complaints about the request, and the application contained a listing of signatures from surrounding neighbors supporting the change. Mr. Anderson said that if the Exception is granted, the final Decision must be recorded with the Story County Recorder’s Office to be effective. Board Member Ebel inquired about the west side yard setback, noting that it appeared to be nonconforming as well. Mr. Anderson said that it was nonconforming; the property owner purchased land from the neighbor on the west, and a plat of survey boundary line adjustment was just approved by City Council to correct the issue. Upon being questioned by the Board, Mr. Anderson explained that the setback issues were created when the property lines were incorrectly staked in 2002. Moved by Brooks, seconded by Ebel, to adopt ORDER NO. 13-09, thereby approving the request for an Exception for Minor Area Modification to reduce the front setback from the minimum required 25 feet to 22.96 feet, for the property located at 2302 Sundown Drive, based on the findings of fact and conclusions in the staff report. Vote on Motion: 3-0. Motion declared approved unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Ebel, seconded by Brooks, to adjourn the meeting at 7:07 p.m. _____________________________________________________________________ Emily Burton, Recording Secretary Elizabeth Erbes, Acting Chair