PLAT OF SURVEY BOUNDARY LINE ADJUSTMENT FOR 259 AND 263 HYLAND AVENUE
The subdivision regulations in Chapter 23 of the Ames Municipal Code include the process for creating or modifying property boundaries.
The proposed Plat of Survey is for two existing properties located at 259 and 263 Hyland Avenue (see attached location map). The 259 Hyland property has a vacant single family home and the 263 Hyland property has an occupied apartment building on site. Both properties are currently zoned Residential High Density with the West University Impact Overlay. However, the two properties are subject to a rezoning request on this same agenda for redevelopment of the sites. The property line change is needed to facilitate the proposed project.
The proposal is to facilitate future development of two apartment buildings in the form of a three-story building and a four-story apartment building. The proposal modifies the shared boundary to allow both properties to meet side setback requirements. The three-story building has a side setback requirement of 10 feet, and the four-story building has a side setback of 12 feet. The proposed development will meet side setback requirements if the shared boundary line is modified.
The applicant requests to modify the shared boundary line prior to demolition of the existing structures. An existing garage is located on 263 Hyland Avenue. The garage currently meets the required side setback of three feet. Moving the existing boundary line approximately 6.86 feet to the north would result in a temporary nonconforming structure with a setback of approximately 1.94 feet. This will be a temporary condition while the construction of the building on 259 Hyland begins as the first phase and the second phase begins in 2027 for 263 Hyland when all of the existing structures will be demolished on the site.
Staff does not have the administrative authority to approve modifications to property lines that lead to or increase a nonconformity for a phased project as requested by the applicant. If Council approves the request in relation to the phased project, staff recommends a condition that the property owner will have one year from the recording of the Plat of Survey to remove the existing garage at 263 Hyland Avenue in order to create a conforming setback.
Parcel A, 263 Hyland Avenue, contains public sidewalk. Portions of the sidewalk are on private property and will need to be placed within an easement to allow City maintenance and reserve the use for the general public.
As a boundary line adjustment, there are no infrastructure standards that apply to the proposal. Approval of this plat of survey will allow the applicant to prepare the official plat of survey and submit it to the Planning and Housing Director for review. The Director will sign the Plat of Survey confirming that it fully conforms to all conditions of approval. The prepared plat of survey may then be signed by the surveyor, who will submit it for recording in the Office of the Story County Recorder.
- Approve the proposed Plat of Survey with the condition that the sidewalk easement is approved by City's Legal Department prior to approval of the Plat of Survey by the Planning Director and that that the owner has one year from the recording of the Plat of Survey to demolish the garage at 263 Hyland Avenue to create a conforming setback.
- Deny the proposed Plat of Survey on the basis that the City Council finds that the requirements for plats of survey as described in Section 23.309 have not been satisfied.
- Refer this request back to staff and/or the owner for additional information.
The proposed boundary line adjustment is necessary to create two lots than can accommodate the side setback requirements for the proposed future development located at 259 and 263 Hyland Avenue. However, the project is planned to be phased with construction beginning at 259 Hyland and then for construction to begin at 263 Hyland in spring 2027.
Modifying the shared boundary line would create a temporary nonconforming structure in the form of a side setback that is 1.94 feet (three feet required) for the existing garage located at 263 Hyland Avenue. With the condition to demolish the garage structure within one year, whether the second phase of the project begins or not, the proposed parcels will be in conformance with standards before the first building developed at 259 Hyland is complete. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1.