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HomeMy WebLinkAboutA13 CITY OF AMES, IOWA LAUG 2 5 2016 ZONING BOARD OF ADJUSTME ITY CLERK IN THE MATTER OF THE APPLICATION OF CASE NO. 15 VERIZON WIRELESS FOR A 60-DAY EXTENSION OF A SPECIAL USE PERMIT, GEOCODE NO. 09-10-275-000 § 29.1503(5) AMES MUNICIPAL CODE, TO OPERATE A WIRELESS COMMUNICATIONS DECISION & ORDER TOWER ON THE PROPERTY LOCATED AT 600 SOUTH MAPLE AVENUE. FACTS The applicant, Verizon Wireless is seeking to construct a new monopole cell tower on the property located at 600 South Maple Avenue. The property is zoned "SGA" (Special Government-Airport). This is located within City owned park land for which the City Council approved a lease on October 9, 2014, subject to approval of a special use permit. Jerrod Hanaman of Minnetonka, Minnesota represented Verizon at the hearing. The Zoning Board of Adjustment approved a Special Use Permit for a proposed Verizon cell tower at 600 South Maple Avenue on June 24, 2015. The Board also approved a Conditional Use Permit in the Floodway on that same date. Ames Municipal Code, Section 29.1503 (5) states that Special Use Permits shall expire 12 months after the date of approval unless a building permit is issued AND actual construction has begun. The Board may grant a 60-day extension upon written request. On June 7, 2016, the applicant applied for a 60-day extension of the Special Use Permit(SUP), and such was granted on June 22, 2016. The applicant has now applied for a second 60-day extension of the SUP. The extension granted on June 22, 2016 requires construction to commence before August 23, 2016. Verizon provided a written request on July 20, 2016 asking for an additional 60-day extension. At the time of the application, still awaiting federal regulatory approval, which is necessary before construction can begin, and is now requesting an additional 60-day extension. Staff reported at the public hearing that the delayed federal approval, i.e., a finding from the Federal Communications Commission of no significant impact for being in the flood plain, had just been obtained by Verizon. This was the final regulatory approval Verizon was seeking. The applicant has made progress on obtaining the required permits of their project and there has been no change in conditions with the site or project since granting of the original approval. Staff believes a 60-day extension is warranted and would recommend that the Board grant it. DECISION The Board considers the testimony and evidence and the requirements of Ames Municipal Code section 29.1503(5), and finds that unusual circumstances have prevented compliance with the Special Use Permit time requirement, and that granting a 60-day extension is appropriate. ORDER WHEREFORE, IT IS ORDERED that the applicant is GRANTED, section 29.1503(5) of the Ames Municipal Code, a second 60-day extension of the Special Use Permit issued on June 24, 2015, to operate a wireless communications tower for the property located at 600 South Maple in Ames. 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 1 Otn day of August, 2016. &�46r� "/V/,4�F�t-,r ,�e-,::� -- Erin Cain Matthew Koehler Secretary to the Board Vice Chair