HomeMy WebLinkAbout~Master - Application of Comm Choic Credit Union regarding decision of Planning Director Enforcement Office related to 202 E Lincoln WayCITY OF AMES, IOWA
ZONING BOARD OF ADJUST
J U N 2 4 2021
C1TY CLERK
IN THE MATTER OF THE APPLICATION CITY OF AMES. 10%VA
OF COMMUNITY CHOICE CREDIT CASE NO.21- 07
UNION, REGARDING A DECISION OF
THE PLANNING DIRECTORIZONING GEOCODE NO. 09-11-201-010
ENFORCEMENT OFFICER RELATED TO DECISION & ORDER
THE PROPERTY LOCATED AT 202 E
LINCOLN WAY
FACTS
The Applicant, Community Choice Credit Union, submitted a Minor Site Development Plan
(hereinafter "Site Plan") for the property located at 202 E Lincoln Way. The Applicant's Site
Plan contemplates a food truck park that covers most of the lot. City staff reviewed the proposed
Site Plan and approved it on May 7, 2021; however, the Applicant later modified the approved
plan by adding added certain vertical elements to planters positioned within the setback area.
The Planning Director determined that the proposed vertical elements were unallowed by the
City's zoning ordinance, which prompted this appeal to the Zoning Board of Adjustment. The
appeal is authorized under §29.1403(7)(a).
The proposed vertical elements may be described as vertical aluminum poles with a suspended
fabric element near the top of the pole that connects with another aluminum pole. The poles are
placed in planters within the setback area. Planters are allowed by the Municipal Code to be
within the setback area, under §29.402(2)(c)(xii), as long as they are "at allowable fence
heights."' Although the planter boxes themselves were less than 4 feet in height, and therefore
consistent with the height limitations, the proposed vertical poles exceeded the maximum of 4
feet in height.
Planner Benjamin Campbell presented the Staff Report to the Board, explained the staff analysis,
and the Board accepted the Staff Report as evidence. Architect Andrew Tulp, on behalf of the
Applicant, presented the Applicant's argument and written analysis to the Board. The Code
provision that the Board analyzed on appeal was §29.402(2)(c)(viii) which allows certain
landscape accents to fully project into required setbacks, and in particular, whether these specific
"vertical elements" as proposed by the Applicant constituted "similar incidental landscape
accents" to those accents identified within said Code Section. The Board discussed the matter
and determined that the proposed vertical elements qualified as "similar landscape accents"
allowed to project into setbacks under the Code.
DECISION
' The maximum height of fences in front setbacks and front yards is four feet. Section 29.408(2)(c)(i).
2
The Board considered the facts as detailed above and provided in the Staff Report, and found
that the specific vertical elements proposed by the Applicant met the definition of "similar
landscape accents" allowed to fully project into setbacks under Ames Municipal Code
§29.402(2)(c)(viii). As a result, the Board determined that the Planning Director's decision was
in error.
The Board discussed that its decision was limited to these specific vertical elements as proposed
by the Applicant.
WHEREFORE, IT IS ORDERED that the Planning Director erred in his determination that the
specific vertical elements proposed in this matter do not constitute "similar incidental landscape
accents" allowed to project into setbacks under §29.402(2)(c)(viii). The Applicant's appeal in
this matter is GRANTED.
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 91h day of June 2021.
Aj��14�'L
Renee Hall
Secretary to the Board
Ame is choeneman
Chair