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HomeMy WebLinkAbout~Master - Extension of a non-conforming residential use in the HOC zoning district for 520 E LincolnwayCITY OF AMES, IOWA ZONING BOARD OF ADJU -u L JAN 12 2022 v clN ct �3IC CITY OF AMeS,10WA IN THE MATTER OF THE APPLICATION OF RICK KASPERBAUER, MAYFAIR CASE NO.21-13 CLEANERS, FOR A SPECIAL USE PARCEL ID: 09-11-202-065 PERMIT, SECTION 29.1503 OF THE AMES MUNICIPAL CODE, TO ALLOW DECISION & ORDER USE OF A DRY CLEANING AND LAUNDRY FACILITY IN THE HOC ZONING DISTRICT AT 306 E. LINCOLN WAY FACTS The Applicant is again requesting a Special Use Permit in order to relocate their current operations and build a new 2400 square foot Dry Cleaning and Laundry Facility in the Highway Oriented Commercial (HOC) Zoning District located at 306 E. Lincoln Way. The Applicant wishes to accommodate customers with a pick-up and drop-off area and has requested an exception to the pavement setback in this area to allow a zero setback. The Applicant has provided the Board with statements as to how the proposed facility meets the requirements for a Special Use Permit under the Ames Municipal Code Section 29.1503(4)(a), (c) and (e). A Special Use Permit for a Dry Cleaning and Laundry Facility was approved in 2018, but it has since expired along with the Site Plan. The property at issue is zoned "HOC" Highway Oriented Commercial and is currently vacant. The request is identical to what was previously approved, as the applicable regulations have remained the same. Only the address for the property has been updated. City Planner Eloise SahIstrom presented the Staff Report to the Board, including the site plan, project description, applicable law and Findings of Fact and Conclusions. At the end of her presentation, Planner Sahlstrom stated that staff had concluded that the proposed dry cleaning and laundry facility is consistent with the dry cleaning and laundry facility standards and the general and specific commercial standards required for granting a Special Use Permit with two conditions. The general area around the 'property developed with the mix of commercial and residential uses and the proposed use can operate in a manner that is compatible with the surrounding uses. FINDINGS AND DECISION The Board considered the facts as detailed above and provided in the Staff Report, and all evidence and testimony given at the hearing. The Board adopted the findings in the Staff report and found that the relevant standards in the Ames Municipal Code Sections 29.1315 and 29.1503(4)(a), (c) and (e) were met and established by the Applicant. WHEREFORE, IT IS ORDERED that the Applicant is GRANTED, pursuant to Section 29.1503 of the Ames Municipal Code, a Special Use Permit to allow the use of a 2400 square foot Dry Cleaning and Laundry Facility in the Highway Oriented Commercial (HOC) Zoning District for the property located at 306 E. Lincoln Way with the following conditions: a. Use of the building and site are for a dry cleaning and laundry facility that does not use perch loroetheylene (commonly referred to as "perc"). b. Changes or expansion of the use, facility, or layout of the site, requires an amendment to the Special Use Permit. Any person desiring to appeal this decision to a court of record may do so within thirty (30) days after the filing of this decision. Done this 8`h day of December, 2021. Renee Hall Recording Secretary 2 4--- Amelia Schoeneman Chair