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HomeMy WebLinkAboutA9 CITY OF AMES, IOWA J U L 2 5- 2016 ZONING BOARD OF ADJUSTME CITY 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 begun. The Board may grant a 60-day extension upon written request. Verizon provided a written request on June 7, 2016. If the Special Use Permit expires, the applicant would need to submit a new application. Verizon has obtained a building permit but has not yet received all the other regulatory reviews; specifically a finding from the Federal Communications Commission of no significant impact for being in the flood plain. They anticipate receiving this within 60 days and then mobilize for construction. 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. Mr. Hanaman testified that the federal approvals are taking longer than anticipated. 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 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 22"d day of June, 2016. 5141 6w�-4 Erin Cain 6§helb el Secretary to the Board Chairj