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pplication Form Last Updated: March 25, 2013
DEC 19 2014 il�-n I /
CITY OFAMES,IOWA Variance
DEPT.OF PLANNING&MOUSING Application Form
(This form must be completely filled out before the application will be accepted)
1. Property Address for this Variance Application: 300 South 17th Street, Ames, IA 50010
2. Legal Description (attach if lengthy): Lot 4 Southtown Subdivision to Ames, Iowa
3. 1 (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: A 90'monopole wireless communication facility
4. The Zoning Permit was refused because: The proposed tower location does not meet the 60'setback
requirement to the nearest property line imposed by the City of Ames.
5. Property Owner: David Wheelock
Business: Hickory Park Restaurant Co.
Address: 1404 South Duff Avenue Ames Iowa 50010
(Street) (City) (State) (Zip)
Telephone: 515-232-5234 515-232-8940 515-232-7275
(Home) (Business) (Fax)
6. Applicant: SSD co applicant w/Verizon Wireless
Business: Selective Site Development
Address: 9900 West 109th Street Suite 300 Overland Park KS 66210
(Street) (City) (State) (Zip)
Telephone: 913-438-7700 913-438-7700 913-438-7777
(Home) (Business) (Fax)
7. Contact Person: Nathan Miller
Business: Selective Site Consultants
Address: 9900 West 109th Street Suite 300 Overland Park KS 66210
(Street) (City) (State) (Zip)
Telephone: 913-438-7700 913-438-7700 913-438-7777
(Home) (Business) (Fax)
E-mail address: NMiller@ssc.us.com
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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 sufficient 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 Pe mit,that I(we) have submitted all the
required information to appeal for a Varian c ;hand th said in mation is factual.
Signed by: Date:
Pr perty Owner(s)
(Note: No other signature may be substituted for the Property Owner's Signature.)
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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 proposed new build tower has received approval from the Federal Aviation
Administration. SSD maintains a strict standard of liability insurance with all of the
property owners that they engage in business with. These towers are structurally sound
re to strike in
the sUrroLlndong area A IettProf no ha7arri° has been icci earl in this ranarrl The site will
enable enhanced wireless communications within the City of Ames with a relatively
central location to other wireless facilities in the surrounding area. The wireless industry
has invested in Value Impact Studies prepared by qualified Real Estate/Appraisal firms to
address the issues of property values either an the existing property in ques ion or within
he late
1900s to the early 2000s were prepared following strict paired sales analysis guidelines,
the accepted industry standard, which is designed to avoid skewed or biased conclusions.
None of these studies showed any diminution in property values.
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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.
The proposed location for the new build tower is located within a Highway Oriented
Commercial (HOC) zone within the City of Ames. Personal Wireless
Communication Facilities are an allowable use within this zone and require both a
special use permit and approval from the Zoning Board of Adjustment. The 60'
setback requirement o the nearest property line presents a specs is ardship to this
location based on other personal wireless communication facilities t do not meet
this standard On other I lighway E)riented 6omfflereial 2!ones within the City of Ames.
(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 physical circumstances on the subject property are unique in the sense that
both parcels of land that abut one another are owned by the same property owner.
This creates a predicament in regards to the setback requirements imposed by the
City of Ames. There are very few parcels of land within a close proximity to the
desired location that are also divided into amongst e same property owner (as is
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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 Highway Oriented Commercial Zone is "intended to allow auto accommodating
commercial development in areas already predominantly developed for this use."
The character of the surrounding area would not be affected by the addition of the
proposed communication tower based on other allowable uses within the zone that
also do not attect the said character. ersona Ire ess Communication Facilities
are desired in canuneicial and indusbial zones to fit in with the alitead existing
Highway 30 fits
the same mald a's other Personal %Niraless; Communication Facilities found along
major highways throughout the City of Ames.
(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 proposed personal wireless communication facility meets the criteria set forth in the
City of Ames Sign Ordinance. Section 21.102 (7) states "On premises: Signs located at the
site of that which is advertised or identified." The Federal Communications Commission
has strict standards regarding identifying any registered communication facility on site.
ese standards will meet o e Federal Communications ommission and the City of
sable use
rdinance
II be
constructed or altered to be used for any purpose other than a permitted use." This project
fits this criteria and the unique situation with the setback requirements is the intent of this
variance application. Appendix A of the vision statement in the 2030 land use plan states
that "we envision a community that plans and manages its development through a
proactive process that involves regional cooperation, local consensus and strategies for
complementary public and private capital investment." The economic development vision
of the 2030 land use policy plan makes specific comments regarding medium and small
businesses. This section of the plan places a priority on "electronic highways for integrating
the community and accessing/sharing information." Both of these statements are
consistent with what the desired Wireless facility hopes to achieve within the City of Ames.
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.
This communication facility would bring substantial justice to both the citizens and visitors
of the City of Ames. This location is highly desirable based on rigorous efforts made by
radio frequency engineers predicting future bandwidth and cell capacity issues within a
close proximity to the property discussed. The communication tower is not limited to one
specific carrier and would have a positive impact on the ever Increasing wireless capacity
be extremely
g substantial
—justice if the variance is granted
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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 shall be posted along the perimeter of the subject property in locations
that are highly visible from adjacent public streets not less than seven (7) days prior to the
meeting or hearing, unless otherwise prescribed by statute.
The owner of property at 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.
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V.6,4
Signed by: Date: �Z � ' v
roper ' caner
VA010 lti
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
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