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„ 4 IA e Application Form Last Updated: March 25, 2013
.6
Variance
Application Form
(This form must be completely filled out before the application will be accepted)
1. Property Address for this Variance Application: 116 Beedle Drive Ames, IA 50014
2. Legal Description (attach if lengthy): Attached
3. / (We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of
Adjustment to grant a "Variance"to the Zoning Ordinance to allow the issuance of a Zoning
Permit to permit: the construction of a telecommunications facility and 150'cellular tower(monopole)
4. The Zoning Permit was refused because: setback requirements cannot be met
5. Property Owner: Ronald Kinart
Business: N/A
Address: 116 Beedle Drive Ames IA 50014
(Street) (City) (State) (zip)
Telephone: 515-290-6703 515-290-6703
(Home) (Business) (Fax)
6. Applicant: New Cingular Wireless PCS, LLC (AT&T)
Business: AT&T
Address: 1515 E. Woodfield Rd. Ste. 860 Schaumburg IL 60173
(Street) (City) (State) (zip)
Telephone: 847-732-7410 847-732-7410
(Home) (Business) (Fax)
7. Contact Person: Ronak Desai
Business: Creospan, Inc.
Address: 1515 E. Woodfield Road Ste. 860 Schaumburg IL 60173
(Street) (City) (State) (zip)
Telephone: 847-732-7410 847-732-7410
(Home) (Business) (Fax)
E-mail address: ronak.desai@creospan.com
KtCEIVED
3 JUN 12 2014
CnY OF AMES,Iobyjk
DEPT Of PLANNING&HOUSNO
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Application Form Last Updated- March 25, 2013
The Zoning Board of Adjustment may grant a Variance, provided the Board members can
make a finding that the Variance will not result in unnecessary hardship, will not be
contrary to the public interest, will observe the Spirit of the Ordinance, and shall result In
substantial justice.
This appeal will not be granted unless aufflclent facts are presented in this application to
justify the variance in light of the standards and to show that the granting of the variance relates
to the intent and purposes of the Zoning Ordinance and the Land Use Policy Plan.
Approval of the Variance by the Zoning Board of Adjustment in no way absolves the applicant
from subsequently obtaining the necessary building permits or other permits from the City of
Ames or from other applicable agencies.
I(We) certify that I(we) have been denied a Building/Zoning Permit,that I(we) have submitted all the
required information to ap al for a Variance,an that said information is factual.
Signed by: Date• /
Prop@ Owner(s)
(Note. No other signature may be substituted for the Property Owner's Signature)
R E VE
JUN 12 2814
" CITY 0.-AMES. 101WA
4 DEPT.OF PLANNING&HOUSING
Application Form Last Updated: March 25, 2013
Variance
Supporting Information
(This form must be filled out completely before your application will be accepted)
The Zoning Board of Adjustment can grant a Variance, only if all of the following
standards are satisfied. In order to facilitate review of this application for a Variance, the
applicant must address each of the "Variance Standards" set forth in Section 29.1504(4) of the
Zoning Ordinance, which are listed below.
(Note: The applicant's explanation of how the request meets each standard may be attached on
a separate sheet if sufficient space is not provided.)
1. Variance Standards. The Zoning Board of Adjustment shall review each application for the
purpose of determining that the "Variance Standards" are satisfied. Pursuant to Iowa law, a
variance shall be granted only if all of the following standards are satisfied:
(a) The granting of the variance shall not be contrary to the public interest.
Please present information to indicate that the Variance will not result in injury or
endangerment to other property or persons, nor will it devalue nearby property.
Explain how the request meets this standard.
The construction of a cellular tower and communications facility is governed in part by FCC/FAA
regulations. AT&T is required and will abide by all required government regulations. In addition,
AT&T will conduct interference studies to ensure that no other radio frequency signals are interfered
with. In addition to being in compliance with all applicable law, AT&T's project will not result in injury
because it will be constructed using only the finest materials and best construction contractors.
Further, the tower will not devalue nearby property because the area the tower is proposed to be
constructed in is in a highway commercial area. There are no houses in the near vicinity, only
businesses. In fact, the two other candidates were not chosen because they were located in a
residential low density area.
RECEIVE®
JUN 12 2014
5 ( CITY OF AMES,10WA
KEPT.OF PLANNING&ROUSING
Application Form Last Updated: March 25, 2013
(b) That without granting of the variance, and due to special conditions, a literal
enforcement of the ordinance will result in unnecessary hardship.
Unnecessary hardship exists when:
(i) The land in question cannot yield a reasonable return if used only for a
purpose allowed in the zone;
To meet this standard, please show that all beneficial use and/or enjoyment
of the property will be lost if the Variance is not granted. Supporting evidence
from a professional appraiser, realtor, or other professional, may be
necessary to support your appeal. The Zoning Board of Adjustment may
require documentation of loss of value in order to grant this variance.
Explain how the request meets this standard.
As seen in the attached Exhibit 1 page 7, there is very poor indoor and outdoor
cellular coverage/signal strength. This means that many Ames Residents will not be
provided with the variety of high speed data and voice services that they need to assist
them in their everyday personal and professional lives. With a literal enforcement of
the ordinance, many Ames residents will lose efficiency in their lives, which could be
remedied by the additional of a simple cellular tower. Further, the owner of the land in
question, will not be able to secure a return on the vacant area of his property because
he would lose out on rent payments from AT&T if this variance is not granted.
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions of the neighborhood;
Please show that the physical circumstances on the subject property are
unique and unlike other properties in the vicinity.
Explain how the request meets this standard.
The subject property is unique because the owner runs a truck rental business. This
business requires a unique placement of the tower to avoid interference with the truck
rental business, and thus the unique placement of the tower does not allow AT&T to
meet setback requirements. Furthermore, the subject property is unique because
it has a large amount of open area and neighboring parcels do not. Setback
requirements would be even tougher to meet elsewhere.
6
Application Form Last Updated: March 25, 2013
(iii)The use to be authorized by the variance will not alter the essential
character of the locality.
Please show that the proposed use is compatible with the character of the
surrounding area.
Explain how the request meets this standard.
The proposed cellular tower is at a proposed height of 150 feet. At 150, AT&T did its
absolute best to minimize the height of the tower whilst still providing the necessary
cellular coverage. AT&T is amenable to stealth options and/or a small tower. As there
are already existing street lights, the use authorized by the variance will not alter the
essential character of the locality. The subject property was chosen because of its
location in a highway commercial area.
(c) The spirit of the ordinance shall be observed even when the variance is
granted.
Please show that the Variance is consistent with the intent of the Sign Ordinance,
Zoning Ordinance, and the Land Use Policy Plan. A Variance would not be
consistent with the intent if alternatives for development exist that do not require a
Variance.
Explain how the request meets this standard.
The spirit of the ordinance shall be observed even when the variance is granted.
The ordinance's main goal is to promote the health and safety of the general public and the
proposed cellular tower will assist in this because it will provide:
1.Support for emergency services by providing wireless communications to paramedics,
firefighters, and law enforcement agencies.
2. The ability to transmit data allowing for immediate access to vital information.
3.A backup system to the land-line system in the event of a natural or man-made disaster.
There are also NO alternative for development. There are no existing water tanks or towers.
7
Application Form Last Updated: March 25, 2013
(d) Substantial justice shall be done as a result of granting the variance.
Explain how the request meets this standard.
Substantial justice will definitely be done as a result of granting the variance because
with the granting of the variance, hundreds if not thousands of Ames residents will be afforded
sophisticated and proper cellular coverage for both their personal and professional lives.
In addition, health and safety personnel (fireman, police officers, etc.)will have the ability
to communicate on a much faster network and assist Ames residents quicker.
8
Application Form Last Updated: March 25, 2013
Variance
Site Plan Checklist
(For Properties Occupied by a Single-Family or a Two-Family Dwelling)
(This form must be filled out completely before your application will be accepted)
The applicant shall submit a Site Plan, drawn to scale, that clearly shows the Variance
being sought. The Site Plan shall be a reproducible, black line drawing on a sheet of
paper no larger than 11"x17". If the project for which the Variance is sought is a single-
family or a two-family dwelling, or other use exempt from the requirement for a "Site
Development Plan", then the Site Plan shall include, at a minimum, the following
information:
(NOTE: If the proposed project requires approval of a "Major or Minor Site Development Plan",
it should be included with this application for a "Variance", not the Site Plan described on this
checklist.)
❑ Dimensioned property lines
❑ Abutting streets and alleys
❑ Location and size of all existing and proposed buildings and structures (include distances to
all property lines and distances between buildings and structures.)
❑ Required setbacks
❑ Driveways and parking areas, fully-dimensioned
❑ Other pertinent information necessary to fully understand the need for a Variance (e.g.:
significant change in topography, location and size of mature trees, etc.)
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Application Form Last Updated: March 25, 2013
Variance
Permission to Place a "Zoning Action Pending"
Sign on Private Property
(This form must be filled out completely before your application will be accepted)
Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall be posted by the
City on signs posted on the subject property. One sign shall be posted for each public street
frontage. Required signs skull be posted along the perimeter of the subject property in locations
that are highly visible from adjacent public streets not less than severe (7) days prior to the
meeting or hearing, unless otherwise prescribed by statute.
The owner of property at 1/4�p Re e J /-e _ hereby grants the City of Ames
permission to place "Zoning Action Pending" signs on the property for the purpose of informing
interested persons of the request for action by the City of Ames.
,I understand that the signs will be placed on the property several days prior to action on the
request by the Planning and Zoning Commission, Zoning Board of Adjustment, or the City
Council, and may remain on the property until the request has been approved or denied by the
City.
Signed by: Date:
P operty Owner
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
10
�Gs��1n
US TITLE SOLUTIONS
FILE NO. 47344-IA1403-5030 REFERENCE NO. 1 1662602
REPORT OF TITLE
I DATE OF THIS REPORT 3/19/2 014
EXAMINED THRU 3/18/2 014
2 THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS REPORT IS:
Fee Simple
3 TITLE TO SAID ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS REPORT IS AT THE
EFFECTIVE DATE HEREOF VESTED IN:
Ronald S. Kinart, a single person
SOURCE OF TITLE:
Quit Claim Deed made by JoAnn Kinart, a single person dated Jan 21, 2003
recorded on Jan 27, 2003 in instrument no. 03-01599.
40 THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
Lot 3, Block 1 of Beedle's Subdivision of the City of Ames, Iowa.
RECEIVED
JUN 12 2014
' CITY OF AMES,IOWA
DEPT OF PLANNING&HOUSING
RETURN TO:
03- 01599
PAYER LAW FIRM INST.NO.ORY _
BOx 219 SFILED POOR F ORDA J
BOONE IOWA 50036-0219
- " JAN 2 7 7003 PM AI
0
SU&W L VANDE KAMP,Re00ider5'AA— c/
=Mtk -'% /Jr
Instrument Prepared by: Jane M.Mathison,323 Sixth Street,P.O.Box 664,Ames,IA 50010;(515)232-4732
Mail Tax Statement to: Ronald S.Kinart.116 Beadle Drive,Ames,IA 50010
QUIT CLAIM DEED
For valuable consideration, JoANN KINART, a single person, does hereby Quit Cie m to
RONALD S.KINART,a single person,all right,title,interest,estate,claim and demand in the folic wing
described real estate in Story County, Iowa:
Lot 3,Block 1 of Beedle's Subdivision of the City of Ames,Iowa.
This quit claim deed is given pursuant to the terms of a Dissolution Decree between the grantor ar d the
grantee and is an exempt transaction.
The undersigned hereby relinquishes all rights of dower,homestead and distributive share in and,o the
real estate.
Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or
plural number,and as masculine or feminine gender,according to the context.
Dated: , ,2 03
JoANN <INART
STATE OF IOWA,STORY COUNTY,ss:
On thisc2i-P day of a 2003,before me,the undersigned,a Notary F vblic
In and for the State of Iowa,pe ally apptfired JOANN KINART,a single person,to me known to be
the identical person named in d who executed the foregoing instrument and acknowledged that she
executed the same as her voIt!ntary act and deed.
JA M.MATHI ry Public in and for the State of Iowa
:NE
MISSION No',11.•,'71
COWSSM EXPIRES
RECRVE[m)
JUN 12 ?0114
CITY OF AMES, IOWA �
DEPT.OF PLANNING&HOUSING