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HomeMy WebLinkAbout~Master - Special Use Permit to allow 5,000 square feet of use as retail sales and service - general within a general industrial zoning district at 2100 East 13th StreetCITY OF AMES, IOWA ZONING BOARD OF ADJUSTME IN,rtlE MATTER OF THE APPLICATION OF CLINIC BUILDING COMPANY FOR A SPECIAL USE PERMIT, § 29.1503(4)(A), AMES MUNICIPAL CODE, TO ALLOW 5,000 SQUARE FL ET USE AS RETAIL SALES AND SERVICE — GENERAL wrmlN A GENERAL INDUSTRIAL ZONING DISTRICT ON'I'll E PROPERTY LOCATED AT 2100 EAST 13,111 STREET FACTS CASE NO. 14-12 GEOCODE NO. 09-01-225-100 DECISION & ORDER The property at this location is a 15,000 square foot building in the "(it" (General Industrial) zoning district. The site has shared driveway access from, East 13t" Strcct. The parking lot is located centrally to the property and the building surrounds it in an L-shape along the west and north perimeter of the lot. To the east and south, the site is open towards the operation of Manatt's, Inc. office, parking lot, and commercial construction yard. The parking area is a paved surface designed for loading of the warehouse building and is considered non-conl'orming as a parking lot due to the lack of landscaping. Currently, warehouse space occupies 10,000 square feet oi'the building. The applicant wishes to lease the remaining 5,000 square feet of the building to Cross ross l,it Oxygen, which provides personal fitness training to individuals and small group classes, as well as some retail sales. Staff has determined that the use Would be classified as "Retail Personal, Business and Repair Services" in the category "Retail Sales and Services --- General." "Retail Sales and Services — General" is permitted in the (it zoning district, but requires a Special Use Permit (StJfl) if the use exceeds 3,000 square feet. The proposed use is based on a scheduled class or workout training session format, rather than as a generally open to the public fitness or health club facility. A fitness center or health club type use is not permissible in the (,it zoning district as it is classified as a recreation use rather than a service use. C'roSS fit 0XygCu must operate in the proposed manner of a scheduled operation to be consistent with the SUP standards of the Zoning Code. Staff presented evidence that the application met the General Standards of the Ames Municipal ("ode section 29.1503(4)(a) as required for a SUP. The applicant provided no evidence to the contrary. The Board had a concern about the safety of using the outside space for additional training. The applicant responded that the members would not run Outside of the site and Would use Manatt's green space by agreement as needed. DECISION 1-he Board considers the standards applicable to special use permits front the provisions of I the zoning ordinance. Having heard the evidence presented about this proposed facility, the Board finds that it meets the general standards fcrr a Special LJse Permit in section 29.1503(4)(a). In light of the evidence presented and the findings in the stall' report, the Board determines that granting the permit is appropriate. ORDER WHEREFORE, IT IS ORDERED that the applicant is Granted a Special Use Permit, section 29.1503(4)(a) of the Ames Municipal Code, to allow 5,000 square feet of Retail Sales and Service --- General at the property located at 2100 1ast 13)"' Street. Any person desiring to appeal this decision to a court of record may do so within 30 days after the filing of'this decision. Done this 28"' day of May, 2014. Sandra McJimsey Chair