HomeMy WebLinkAbout~Master - Variance to alter the minimum required setback at 310 South 17th Street U L LE
CITY OF AMES, IOWA DF 2 2015
ZONING BOARD OF ADJUSTMENT
IN THE MATTER OF THE CITY of AMES. iOWA
APPLICATION OF SELECTIVE SITE CASE NO. 14-34
DEVELOPMENT AND VERIZON
WIRELESS FOR A VARIANCE, GEOCODE NO. 09-14-126-065
§ 29.1504(4), AMES MUNICIPAL CODE,
TO ALTER THE MINIMUM REQUIRED DECISION & ORDER
SETBACK ON THE PROPERTY
LOCATED AT 310 SOUTH 17TH STREET
FACTS
Selective Site Development, representing Verizon Wireless, is seeking to construct a new
monopole cell tower on the property located at 310 S. 17th Street. The new tower and associated
equipment shelter would be located in a lease area approximately 56 feet north of the southern
boundary of the property. The southern boundary of the site abuts the right-of-way for the
Highway 30 on-ramp from Duff Avenue. The property is zoned as HOC (Highway Oriented
Commercial). Mr. Trevor Wood represented Selective Site Development and Verizon Wireless.
The property at 310 S. 17th Street is 90 feet wide, 402.56 feet deep along the west property line,
355.58 feet deep along the east property line, and includes approximately 0.79 acres
(34,412 square feet). The property has access from the south side of S. 171" Street. The property
is currently vacant with a few existing trees on the south portion of the site. The applicant
proposes to lease a portion of the property as the site for construction of the proposed 90-foot
cell tower and associated equipment structure. The applicant requests a variance to the required
60-foot setback of the cell tower to east property line. The 60-foot setback is required by the
City's zoning ordinance at section 29.1307(7)(d) of the Ames Municipal Code. Boundaries of
the lease area measure 80 feet on the north, 85 feet on the west, 91.57 feet on the south and
36 feet on the east. The lease area for the cell tower site includes approximately 4,640 square
feet. A 20 foot wide access easement is located on the property abutting the east property line,
300 S. 171h Street, to be used by maintenance vehicles to access the cell tower and equipment
shelter. An 8-foot high wood fence is proposed to identify the extent of the lease area and for
security of the facilities. Crushed stone is proposed to cover the ground inside the fence of the
lease area. Maintenance vehicles visiting the site would park on concrete in a parking space to
be constructed outside the fence, but inside the lease area. The location of the electric meter and
disconnects is shown north of the lease area, outside the fenced area for service access. The
height of the tower and the dimensions of the property do not allow for the proposed tower to
meet the minimum dimensions from the tower to the east property line, without adjusting the
location of the east property line of the subject property. The applicant believes the intent is met
without adjusting the line as the impact of the reduced setback is currently to the same property
owner of the subject site and the eastern site.
City planning staff recommended denial. Among the reasons for the denial recommendation was
that the property owner has not shown that all beneficial use and enjoyment of the property
would be lost and that the property cannot be used for any purpose if the variance is not granted.
Staff believed that the application met only one of the four standards for approval of a variance
in the ordinance.
DECISION
The Board considers the application, the testimony and exhibits, the facts above, and the
standards in Ames Municipal Code section 29.1504(4)(a-d) and finds that the application does
not meet the standards in subsections "b," "c," and "d." Therefore, the application for a
variance is denied.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is DENIED a Variance, section
29.1504(4) of the Ames Municipal Code, for the property located at 310 S. 17t" Street.
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 14t" day of January, 2015.
Erin Cain andra McEmsey
Secretary to the Board Chair