HomeMy WebLinkAbout~Master - Special use Permit to Allow Operation of a Salvage Yard at 340 South Dayton AvenueCITY OF AMES, IOWA
ZOPliNG BOARD OF ADJUSTMENT
INTHE MATTER OFTHE
APPLICATION OF CARNEY FOR
MODIFICATION 'IF A SPECIAL USE
PE,RNIIT, SECTION 29.1306, AME�S
NIUNKIPAL C'ODE,TO ALLOW
OPERATION OF A SALVAGE YARD
ONTHE PROPERTY LOCATED AT
340 SOUTH DAYTON AVENUE
CASE NO. 12-01
GEOC'ODE NO. 10-07-100-305
DECISION & ORDER
FA C' FS
'['his applicant applied Illy and was granted a Sr)cckd Use permit to operate a salvage yard at this
address in ()dobcr of`2010 (see Board's FkWon and Order We No. 14161 Ile roaring district in
this area is G1 (General Industrial) and h has been That deignatiou fora imunher ofycars; however,
the she abuts several owner -occupied single family hornes that predate the (if zoning and dicrcl6rc
exist as legally vested nonconkmildrig uses. A daycare and sorric warehouse uses also alert tile Site.
11) inhigatc the impact of this salvage yard on We neighbors, Ile Spcchd I. Ise permit had a number
of special conditions attached. Tile owners commenced with development of the site by cdcal-ing and
grading the site, ovaul-ing internal roads, installing tbricing and gates and moving salvage vehicles
(moo the she. Then last I1a11 they approached the 01y regarding a change in the business plan I'(mr the
site, indicathigo they would like to Sell the topsoil on the site, which would Substantially alter the
internal topography n-orn be proposed she plan on which the Board hased its decision. stajyvic\vcd
the Site to get a better understanding of the proposed changes. On inspection, staff observed there
was fencing around the entire perimeter of the she and there were trees al the Southwest Col-HeT ol'the
Ate which were to have been preserved that had been eta dowry, These two owns were inconsistent
with the Specific conditions ot'llic Special the permit, so staff had the applicant stop ally I'Llrdlel- site
dCVCl0pulC1a and SUhruit a new site plan with all the anticipated changes as well as those changes
they had already completed. This was 1`615wed by a requcA to amend the cond4iomis of the Special
Ilse permit. The applicant explained they had always planned to fiance the entire Site, 1)(11 at the time
they originally came bcfbre this Board the business had just experienced some very julancijOy
challenghig, years so the expense of a Ince completely around the she did not appear to be
immediately 1eastle. They had instead shown the 1-1mro-1 the portions of the she where they wo),
immediately install Incing and the unfenced portions Would he screened and secured by the
naturally thick vegetative undergrowth that was present. Ilk undergrowth also had voluincer tees
at A that had grown up over time and as a condition of the permit, these trees were to be retained.
When the construction season arrived, the business 601.1nd it was al-fle to afford leucing around tile
entire she so they went ahead and installed it. That led to removal of Some trees that were ill as path.
As to those that were scar the residence on the south, that owner had actually asked the applicant to
rcul(We Some oil her private; property, which re(ILICSt was granted. UlffifftffllatCly, the applicant had
not recalled the terms of their permit until after they had proceeded with this welly. The applicant
Indicated that [lie changes they are Pl-()I)()Slllg Will ACtUally Create a site that is moic sheltered from
street VleIA/.
DECISION
The Board considers the evidence presented in light of tile standards applicable to Special jise
Permits for Salvage Yards IbLind in the zoning ordinance. In this SnUati011, 111LICh of` what the parties
resolved at the time the original permit remains Unchanged. however, there was a Sl)eCjf-jC Site
layout presented as evidence on which (lie Board based its findings Zind COFICILISIOMS, and there Were
sl)ccl1ic conditions that attached to that permit based on that 'I'd other evidence. The applicant Is
necking modification ofsolne oftlic permit conditions and presents new evidence to explain the basis
l'or amended conditions. Those changes would authorize the alteration of the interior topography of,
the site and authorize having the entire Perimeter fenced. After hearing the additional c\,idence, the
Board finds that these revisions, although not consistent with (lie original plan, nonetheless reflect
I'llprovernents to that original plan and are not detrimental to any neighbors or mellibers of the
general public. 'file Board determines that it can and should ')rant, the requested l-CVlSiOl1S Mill
conditions to Mitigate any detriment of this Use.
ORDFR
WHEREFORE, IT IS ORDERED that the applicant's Request Im- Revision of'the Conditions tions of'a
Special Use Permit 1,61- Operation of a Salvage Yard is Grantcd, Section 29.1306 of the Allies
MI-1111clPal Code, with tile l'ollowing conditions:
L That the location of the car crusher when oil site be consistent with site [)fail filed will, the
City oil November 30, 2011;
2. That Car CRIShIng be firrilted to no niore than 14 days per year;
3. That salvage material be stacked no higher than the height ofthe1clice;
4. That dust abaternern measures be undertaken on the internal drives, when needed-,
5. That the existing 8' fence, driveway, parking areas, and internal roadways be nialritained.
This maintenance shall Include replacement Or repair of (lie fence within 14 days if' it IS
damaged or it it comes (town. The fence shall be replaced or repalred whenever peeling
or chipping occurs;
G. That no underground storage or burial of iriatcrials is permitted;
7. That, prior to bringing vehicles to the Site Ion' Storage, then- Childs be drained and disposed
of in accordance with state and 1edcral law; and,
8. That the dead trees planted by the applicant on the north side of the fence at the east end
ofthe property be replace(] by May 1, 2012 and all these trees arc tdr be 1,11a"Inanle
I I d for as
long as the Lise is established at this site,
all for the property located at 340 South Dayton AVC11LIC.
Any person desiring, to appeal this decision to a court Of'record may (to so 30 days after the
filing ofthis decision.
Done this 8"' day of February, 2012.
Bruce" C'a Thour,
Chair