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To: Zoning Board of Adjustment
From: Mark O. Lambert, Assistant City Attorney
Date: December 4, 2014
Subject: Conditional Use Permit for an Alternate Method of Elevating a
Residential Structure in the Floodway Fringe Overlay District at 1204 S.
4'h Street.
As you are aware, at the last City of Ames Zoning Board of Adjustment (ZBA) meeting
(November 12, 2014) the ZBA considered the above-referenced matter. A motion was
made to approve the Conditional Use Permit (CUP), which failed on a tie vote of 2-2.
Then, a motion was then made to deny the CUP, which also failed on a tie vote of 2-2.
Since the Ames Municipal Code section 29.1403(4) requires a concurring vote of three
ZBA board members to take action, the consideration of the item was deferred to the
December 10, 2014 meeting.
The November 12 meeting was a public hearing. Because the matter was deferred, this
meeting is a continuation of the public hearing. That means that the Board needs to
allow the staff, applicant and members of the public to provide testimony/comments
again. So that there is not needless repetition, I would suggest that the Board Chair
inform those present that information provided at the prior public hearing is already in
the record and will be considered, and that people are asked to speak to new issues only,
and not to repeat comments made last time. At the conclusion of testimony/comments,
the Board will consider the matter again, through discussion and a vote.
Also, new Board member Michael Davis will be joining us for the first time. I have
spoken with Michael and he has viewed the video recording of the last meeting, and the
written materials. We need to ensure that Michael states this on the record, so that it is
clear in the record that he has the same information as the other Board members and is
fully prepared to consider and vote on the matter.
PRO
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