HomeMy WebLinkAboutA001 - Memo to ZBA from Planning & Housing dated June 3, 2011 Memo
Caring People Department of Planning& Housing
Quality Programs
Exceptional Service
TO: Zoning Board of Adjustment
FROM: Charlie Kuester
DATE: June 3, 2011
SUBJECT: Manatts appeal of zoning enforcement officer
The applicant has asked that the Zoning Board of Adjustment table the appeal of a notice of violation
issued by the zoning enforcement officer. The Planning and Housing staff concurs with that request.
Background
On Tuesday, April 26, a letter was sent to the owners of the property at 1811 S. Dayton Place stating
that the activities at the site were a zoning violation of the HOC-Highway-Oriented Commercial and O-
GSE Southeast Gateway Overlay districts. A copy of this letter was also provided to Manatts, which has
established a concrete batch plant at this site. Manatts established the batch plant at this location for the
reconstruction of US Highway 30 from just east of 230th Street in Boone County to just west of
University Avenue (Exit 146) in Ames. The project is expected to be completed in November.
Staff from the Planning and Engineering departments met with representatives of Manatts on May 2 to
discuss options to bring them into compliance. At that meeting, Manatts indicated that they would
appeal the notice of violation. The appeal, once submitted, stays any further enforcement action in
accordance with Code of Iowa, Section 414.11.
The zoning ordinance makes no provisions for establishing a temporary use in a district in which that
use is not normally allowed. Many communities make allowances through a special use permit by which
the zoning board of adjustment could evaluate the appropriateness of the site for a given temporary use
and place any conditions that may be appropriate.
In addition to the appeal, Manatts also wrote a letter asking the City Council to consider alternatives to
allow the portable concrete plant to remain on the site for the duration of the project. At the May 24 City
Council meeting, the City Council asked staff to prepare an amendment to the zoning ordinance to allow
such uses through a special use permit. Because of this possible legislative action, Planning and
Housing staff, after consulting with the City attorney's office, believe that the appropriate action is
to table the appeal. If a text change is not approved by the City Council, then the appeal will be placed
back on the Board agenda. If a text change allowing such a use through a special permit process is
adopted, this item will likely return to the Board for action as a special use permit.
SAPLAN SHR\Council Boards Commissions\ZBA\Appealing the Decision of the Zoning OfficerWanatts_181 IS Dayton_06-08-1 Ldoc
1775 Old 6 Rd ,
%-% PO Box 535 ry
5's INC. Brooklyn, IA 52211-0535 J'
www.manatts.com .�
June 2, 2011
City of Ames Zoning Board of Adjustment
f 515 Clark Ave.
llr✓
Ames, IA 50010
Re: Case File: ZBA-11-13
Dear Zoning Enforcement Officer,
Manatt's Inc. respectfully asks that you table our appeal and that action be deferred until
legislative action has run its course on the above noted case file. Manatt's Inc. appreciates your
consideration of this matter.
Respectfully Submitted,
son W. Spo er
General Superintendent
Manatt's Inc.
�Y.
Faxes • 641-522-9407
Phone • 641-522-9206 • 641-522-5594