HomeMy WebLinkAbout~Master - Variance to decrease the required side yard setback and rear yard setback at 116 Beedle Drive 0 L L
CITY OF AMES, IOWA
ZONING BOARD OF ADJUSTMEN JAN 1 4 2015
IN THE MATTER OF THE CITY OF AMES, IOWA
APPLICATION OF NEW CINGULAR CASE NO. 14-19
WIRELESS PCS, LLC(AT&T) FOR A
VARIANCE, §29.1504(4), AMES GEOCODE NO. 09-08-125-095
MUNICIPAL CODE, TO DECREASE THE
REQUIRED SIDE YARD SETBACK AND DECISION & ORDER
REAR YARD SET BACK ON THE
PROPERTY LOCATED AT
116 BEEDLE DRIVE,AMES, IOWA
FACTS
The property is located south of Lincoln Way, north of Baughman Road, east of Beedle Drive,
and west of Dotson Drive in the "HOC" (Highway Oriented Commercial) zoning district. The
property currently contains a car wash and Budget Truck rental facility. The property is
surrounded on the north and east by commercial buildings, and on the south and west by
apartment buildings.
The Applicant is seeking to place a new 150 foot tall monopole cell tower on the property. The
proposed tower is identified as a "stealth" tower, meaning the antennas are mounted on the
interior of the monopole. The new tower and equipment shelter will be located at the northeast
corner of the property. A leased area of 20 feet 6 inches by 20 feet is proposed with a 20 foot
access and utility easement along the north property line. A 6 foot wood fence is proposed to
identify the extent of the leased area and for security of the tower and equipment shelter. The
Applicant is proposing to pave the area within the leased area which is currently graveled on the
site. The location of the electric meter and disconnects is shown east of and outside the fence
area for service access. The Applicant is requesting a variance from the required side rear yard
setbacks. The required side and rear yard setback is 75 feet, or 50% of the antenna height. The
Applicant is seeking to reduce the side yard setback to 7 feet and the rear yard setback to 24 feet.
Staff presented evidence that all of the criteria for a variance required by Ames Municipal Code
section 29.1504(4) have not been met. The Applicant presented evidence on the need for an
additional cell tower in this area and the desire for this location due to the topography and high
elevation.
DECISION
The Board considers the standards applicable to variances from the provisions of the zoning
ordinance. In this case, the Board finds that all the criteria for a variance required by Ames
Municipal Code section 29.1504(4) have not been met. First, granting of the variance is contrary
to the public interest. Second, denial of the variance would not cause an economic hardship that
..._ _. _..�_....r �.
I
;' ..
._.....,x..__..e...._....___._._... _ .,
�.
+...._w_. ._, ,....._.�,.
.� ,_ �+ ;�
would effectively take all beneficial use of the property from the owner and it appears that
practical alternatives exist. Third, the granting of the variance would alter the essential character
of the locality. Fourth, the spirit of the ordinance would not be observed if the variance was
granted. Fifth, substantial justice would not be done if the variance was granted.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is DENIED a variance from the side yard
and rear yard setback requirements, sections 29.1507(7)(d) and 29.1504(4) of the Ames
Municipal Code, to reduce the side and rear yard required setbacks for the property located at
116 Beedle Drive.
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 27th day of August 2014.
Erin Cain Shelby b
Secretary to the Board Chair