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HomeMy WebLinkAboutA6 A4 a G CITY OF AMES, IOWA MAY — 8 2014 ZONING BOARD OF ADJUSTME ca,fc rm G: IN THE MATTER OF THE APPLICATION OF STEVE O'ROURKE CASE NO. 14-08 FOR AN AMENDMENT TO CONDITIONS OF A USE VARIANCE, GEOCODE NO. 05-31-475-058 § 29.801(2), AMES MUNICIPAL CODE, TO OPERATE A SELF-STORAGE DECISION & ORDER FACILITY ON THE PROPERTY LOCATED AT 1515 FLORIDA AVENUE FACTS The applicant is applying for an amendment to conditions of a previously granted variance. On March 10, 2010, the Zoning Board of Adjustment granted a Variance to Permitted Uses to allow the construction of a self-storage facility on property located at 1515 Florida Avenue, in the "Neighborhood Commercial (NC)" zone. The approval was based upon a conceptual design of the self-storage facility with conditions of approval. Conditions were added in support of the use variance to improve its compatibility with the surroundings. Approval of the "Use Variance" included, among others, the following conditions, which the applicant now seeks to amend: #1 -- That screening and buffering be placed on the south and west property lines, as follows: (a) Open security fencing that is also ornamental and of metal materials; and 94 -- That brick is used as the primary exterior material on the residential/office building. The applicant is developing 144 self- storage units, in three groupings, and of various sizes depending on market requirements as they develop. He also proposes a separate 30-foot by 90-foot building near Florida Street, with an office, a garage for equipment, and a residence for an on-site manager. The project would be developed in stages. The storage buildings would be pre-manufactured elements by a company that builds self-storage buildings nationwide and the applicant has provided some images representative of how the buildings would look. The applicant now applies for an amendment to the conditions of the previously-granted variance. The applicant has proceeded with a Minor Site Development Plan application for development of the self-storage facility with a modified design from the variance approval. At this time, the applicant is requesting that the Zoning Board of Adjustment (ZBA) consider amendments to Conditions #l(a) and 44 required for approval of the "Use Variance" granted in 2010. These two conditions address, respectively, fence requirements and requirements for brick on the exterior of the building located at the entrance to the site from Florida Avenue. Regarding Condition #1(a), the applicant proposes to substitute a black vinyl-coated commercial chain link fence. Chain link is proposed for its durability due to the location of the fence next to the Story County maintenance facility where snow may be pushed up against the fence. An aluminum fence material will not withstand that kind of potential abuse. In addition, the six-foot high chain link fence will serve to provide a higher level of security, since aluminum fence can be bent to gain access to the site. Black vinyl- coated chain link fence, with a height of 6 feet, is shown on the site plan as completely enclosing the two larger self-storage buildings. A sliding gate is proposed for access into the fenced area of the site. The gate will be operated by entering a specific code on the keypad, and will provide access for those persons renting the storage units, as well as emergency vehicles. The black vinyl-coated chain link fence will serve the same purpose as the ornamental aluminum fence originally approved for this site. The applicant is concerned about the durability of the aluminum fence materials, based upon the condition of the decorative aluminum fence that runs along both sides of the Union Pacific Railroad tracks in the downtown area of Ames. The applicant believes the fence is necessary for security purposes to protect the individual storage units, and he notes that aluminum fencing is more expensive. The chain link and aluminum materials would provide similar levels of security, if maintained in good condition. Regarding Condition #4, the original intent of having brick as the primary material on the building was to be more compatible with the residential uses to the west and south, and to improve the overall character of the area. The applicant proposes to install brick as the exterior material on the east and north fagades of the "kiosk/storage building" at the entrance to the site from Florida Avenue. This building replaces the former "residential/office building" shown on the concept sketch for the "Use Variance" in 2010. The east building fagade is the front of the building and it faces Florida Avenue. The north side of the building includes two large garage doors for the two storage units and an access door to the "kiosk room" in the building. In determining the "primary material" used on the exterior walls of the building, the garage's door openings and any other door or window openings are not included in the calculations. As proposed, the primary material on the former "residential/office building," now the "kiosk/storage building," is vinyl or cement- based lap siding, not brick as required by Condition 44 for approval of the "Use Variance." Additional brick would be needed on the south or west sides of the building for brick to be the "primary material." The applicant asserts that the west side of the building will not be visible to the public from Florida Avenue. Staff notes that the west side of the building would be visible from the rear of the apartment buildings directly to the west. The applicant also asserts that the south side will be only minimally visible given the proximity of the proposed building to the existing building on the adjacent lot. DECISION The Board considers the standards applicable to requests for variances from the provisions of the zoning ordinance, specifically Ames Municipal Code sections 29.801(2) and 29.1504(4), as applied to the facts. The Board finds there has been a change in circumstances for the applicant, that granting of an amendment to the conditions of the variance will not be contrary to the public interest, that without granting of the amendment and due to special conditions a literal enforcement of the ordinance and the conditions previously required will result in unnecessary hardship, that the spirit of the ordinance shall be observed even when the amendment to the conditions of the variance is granted, and that substantial justice shall be done as a result of granting the amendment to the conditions of the variance. ORDER WHEREFORE, IT IS ORDERED that the applicant is granted an amendment to conditions 41(a) and #4 of the previously granted Variance to Permitted Uses, per section 29.801(2) of the Ames Municipal Code, at 1515 Florida Avenue, to allow for a black, vinyl-coated chain-link fence as described in the application, and to require brick as the primary exterior material on s w w only the east and north facades of the "kiosk/storage building" at the entrance to the site from Florida Avenue, as described in the application. 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 12Ih day of March, 2014. mi y Burton G aylor Seer tary to t Board C air