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HomeMy WebLinkAbout~Master - Amendment to the Conditions of a Variance at 1515 Florida AvenueCITY OF AMES, IOWA ZONING BOARD OF ADJUSTMEN APR 1 3 2015 D IN THE MATTER OF THE CITY OF AMES, IOWA APPLICATION OF STEVEN O'ROURKE FOR AMENDMENT TO THE CASE NO. 15-03 CONDITIONS OF A VARIANCE, § 29.801(2), AMES MUNICIPAL CODE, GEOCODE NO. 05-31-475-058 TO ALLOW THE CONSTRUCTION OF SELF -STORAGE FACILITIES ON THE DECISION & ORDER PROPERTY LOCATED AT 1515 FLORIDA AVENUE, AMES FACTS The property is zoned "NC" (Neighborhood Commercial) and is located in the northwest portion of the community, two (2) blocks west of North Dakota Avenue and two and a half (2 '`/2) blocks north of Ontario Street. The site included approximately 2.4 acres of primarily vacant land, except for an existing storage building in the northeast corner of the site. The location is in what was the business district in the center of the former community "Ontario." The property is bordered to the north by the Union Pacific main railroad line and to the west and southwest by properties zoned as "RH" (Residential Low Density) and occupied by apartment buildings. This property was zoned Industrial for many years, but most industrial uses would not be compatible with the residential surroundings. In. 1997, a new zoning district, Neighborhood Commercial, was created for existing small-scale, pedestrian -oriented, commercial uses that are embedded within a residential area. When the current owner acquired the property, it was zoned general industrial. The owner spent considerable time and money cleaning up the property, fixing grading and drainage problems and improving the one storage building on the site. Self storage was, and still is, a permitted use in the General Industrial zoning district, but the rezoning to Neighborhood Commercial eliminated that possibility. In 2010, the Applicant sought and was approved for a use variance to allow construction of a self -storage facility. The Applicant has constructed self -storage facilities on the site, in accordance with the Minor Site Development Plan (MSDP) and consistent with the modified conditions for the use variance approved on March 12, 2014, with the exception of the Arborvitae seedlings the Applicant has planted along the south and west property lines. The Applicant is requesting that the Board approve amendments to the conditions of the use variance for this property granted on March 10, 2010. The proposed amendments would allow the planting of the Arborvitae seedlings instead of the size and type of plants specified in the conditions of approval for the variance. Approval of the use variance in 2010 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. Staff presented evidence that the original findings for approval of the use variance still apply as the use itself and circumstances have not changed and that criterion (b) is the most relevant to the proposed amendment of conditions. Staff presented evidence that the Applicant's request to plant Arborvitae seedlings instead of the coniferous plants required by the approved Use Variance and required by the approved MSDP fails to meet the Board's intent of not altering the essential character of the locality by requiring the landscaping as one of the conditions necessary to allow an industrial use in a neighborhood commercial zoning district. The area is a mix of character with residential and older commercial/industrial uses. The proposed use is an industrial use and should include appropriate transitions to soften its effect on character of the area. The most sensitive vantage points are the residential uses to the west and south; the railroad and county building are less aesthetically sensitive. The Applicant presented evidence that he believes he has a quality project to the area and does not feel that the height of the bushes is going to make or break the project since there are no homes around the property, only apartments. He added that he had a very difficult time finding the appropriate plants to put on his property because of the time of year, which was late summer. Ile planted Arborvitae seedlings that will grow above six feet; however, the plants are currently only about two inches tall. It was the Applicant's understanding that the plants had to grow to be at least six feet tall, not be six feet tall when planted in the ground. He expressed that he has put a lot of hours, water, and energy into the plants that he currently has and that he would just like to be able to keep growing the plants that are already in place. 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 not been a change in circumstances for the Applicant and that granting of an amendment to the conditions of the variance will alter the essential character of the locality. Therefore, the Applicant's request should be denied. WHEREFORE, IT IS ORDERED that the applicant is Denied an amendment to conditions I (b) and (c) of the previously granted March 10, 2010 Variance, section 29.801(2) of the Ames Municipal Code, to allow the planting of seedlings in place of coniferous plants for the property located at 1515 Florida Avenue. 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 I I th day of March, 2015. Erin Cain Secretary to the Board Sandra McJimsey U Chair