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Re: Oak-to-Riverside Neighborhood: Update on Riverside Manor property
'1 hearing
Charles Kuester to: Debra Lee 11/19/2014 08:06 AM
Cc: Jeff Benson,Erin Cain,Mark Lambert,Kelly Diekmann
Debbie,
Thanks for keeping me in the loop with your communications.I know this is an important topic for your
neighborhood and you all want to make the greatest impact you can.However,I would urge you,and your
neighbors,to direct any correspondence that you wish to give to the board to me. I can distribute it to all the
board members and the applicant.Likewise,if the applicant wishes to provide further information,I will share
it with you.
This is important because the zoning board of adjustment acts in a quasi-judicial manner.That is,they have to
base their decision on what's been presented at the public hearing.This is to ensure the impartiality of the
decision.This is also why speakers are sworn to tell the truth.Members of the public or the applicant should
refrain from contacting the board individually in order to discuss the issue or offer opinions.If they do,the
board member is under obligation to disclose the fact that there was a conversation and what the substance of
that discussion was. In some cases,the board member may have to recuse him or herself from the vote.
If you have any questions,feel free to contact me.
-Charlie
PM - S
�.
Charlie Kuester
Planner
515.239.5400 main 1 515.239.5445 direct 1515.239.5404 fax
ckuester@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010
www.CitVofAmes.org " Caring People—Quality Programs—Exceptional Service —
Debra Lee Dear Neighbors,At their meeting last night(Nove... 11/13/2014 07:22:40 AM
From: Debra Lee<deblee58@yahoo.com>
To: Jeff Benson<jbenson@city.ames.ia.us>,Charles Kuester<ckuester@city.ames.ia.us>
Cc: Sharon Guber<sguber50014@yahoo.com>,Susie Petra<susiegjaguarl969@aol.com>,"Ravenscroft
Sue P\[ACCT\]"<sueraven@iastate.edu>
Date: 11/13/2014 07:22 AM
Subject: Oak-to-Riverside Neighborhood:Update on Riverside Manor property hearing
Dear Neighbors,
At their meeting last night (November 12, 2014), the Zoning Board of Adjustment held a
public hearing on the application for a conditional use permit for an alternate method of
elevating two apartment buildings in the floodway fringe along Squaw Creek on the
Riverside Manor property at 1204 S. 4th Street.
The Board members voted on two motions, one to approve and one to deny the
request. In both cases the outcome was a 2-2 vote.
In this situation, a tie vote means that the matter remains undecided. The Zoning
Board of Adjustment will consider this request again at their December 10, 2014
meeting (7.00 p.m.; City Council Chambers at City Hall). Please plan to attend and
voice your opinions.
It was not apparent to me until the voting was concluded that the Board is apparently
short one member at this time. A new member has just been appointed. Assuming full
attendance, they anticipate a full 5-member board at the December 101h meeting.
Thank you to all who spoke and attended last night or communicated to the Board in
advance. Judith Lemish and Erwin Erickson (a former long-term neighborhood
resident) provided some very illustrative and instructive photographs of the 2010
flooding. Residents of other areas of the community also came to speak to concerns
about continued development in the Squaw Creek floodway.
If you have concerns about this project, please consider contacting ZBA members
before December 101h. Focus on your concerns regarding continued alteration of the
Squaw Creek waterway. If you do not feel like contacting them individually, you can
direct an email to Charlie Kuester in the city planning office and request that it be
shared with the Board members (ckuester(@.city.ames.ia.us). The criteria on which the
ZBA are to base their decision are included below.
Sincerely,
Debbie Lee
Chapter 9,Section 9.7 of the Ames Municipal Code states:
3(e)(ii)a.Factors upon which the decision of the Board shall be based.In passing upon requests for Conditional
Uses or Variances,the Zoning Board shall consider all relevant factors specified in other sections of the ordinance
and:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments.
(2) The danger that materials may be swept onto other lands or down stream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease,
contamination,and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage to the individual owner.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a flood plain location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development anticipated in the
foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and flood plain management program
for the area.
(10) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(11) The expected heights,velocity,duration,rate of rise,and sediment transport of floodwater expected at
the site.
(12) Such other factors which are relevant to the purpose of the ordinance.