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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 01/08/2020 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JANUARY 8, 2020 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:01 p.m. on January 8, 2020, in the Council Chambers of City Hall with the following members present: Leila Ammar, Kyle Perkins, Amelia Schoeneman, and Rob Bowers. Ronald Schappaugh was not present. Assistant City Attorney Jane Chang and City Planners Eloise Sahlstrom, Ray Anderson, Julie Gould, and Benjamin Campbell were also present. APPROVAL OF MINUTES: Moved by Perkins, seconded by Bowers, to approve the Minutes of the meeting of November 13, 2019. Vote on Motion: 4-0. Motion declared carried. CASE NO. 20-01 SPECIAL USE PERMIT – METRONET, 1420 LINCOLN WAY Public Hearing on application for a Special Use Permit to allow a Communications Tower at 1420 Lincoln Way in the “UCRM” Urban Core Residential Medium Density Zone City Planner Ray Anderson stated that City Council has a public hearing for the sale of this property on their agenda for January 14, 2020. Mr. Anderson noted one correction in the conclusion of the report. The conclusion should read that it did comply with the tower’s structural design. The standard is to not be hazardous or disturbing to existing or future uses in the same general vicinity. Mr. Anderson then introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. He stated that the property is currently owned by the City of Ames and has an existing building that would stay. MetroNet would use this building to house network optical gear as the base station for the Metro Fibernet operation in the community. MetroNet is seeking to construct a 79-foot tall galvanized steel tower for the purpose of receiving broadcast communications for television signals on the property in conjunction with their planned internet service facility. The tower would be located approximately 8 feet west of that building. There is an access road off of Lincoln Way that will be paved. A six-foot high cedar wood fence is proposed to enclose the site, including the building and the proposed tower. The tower must be set back at least half the height of the tower from the property line. A portion of this property is in the 100-year flood plain for Squaw Creek. The floodway and floodway fringe will not be changed as part of this project. There are easements on the property. There are 3 residential properties that abut the site. There is an artist rendering of the existing building, the fence, and the tower. There are antennas that project out to the side of the tower, likely to the south, and equipment at the top for lightning protection. This is a permitted use in the “UCRM” zone (Urban Core Residential Medium Density) with approval of a Special Use Permit from the Zoning Board of Adjustment. 2 There are three sets of standards the applicant must meet. One is for the wireless communications tower, another is the general standards for a Special Use Permit, and the third is standards for a residential zone. Staff has included Findings and Conclusions for each of the standards, and based on those Findings and Conclusions, Staff is recommending approval of the Special Use Permit with two conditions: the first is that they modify the tower design to conceal the cabling or enclose the cable in conduit. The second is that they include front yard landscaping. Board Member Schoeneman asked Staff if other equipment were collocated on the tower in the future, would it come back to the Zoning Board or would Staff approve the request. Mr. Anderson referred the question to Assistant City Attorney Jane Chang. Ms. Chang said that she was unsure if it would have to come back to the Zoning Board for approval. Applicant Dan Casciato, MetroNet, 3701 Communications Way, Evansville, Indiana, was sworn in and testified under oath. Mr. Casciato stated that the tower is 20 inches in diameter and tapers to 6 inches on top. He likened it to a steel utility pole that will house antennas for television. He stated that there are no emissions produced by the antenna. He said that MetroNet is willing, in writing, to state that they will not lease the tower out to other companies. He stated that the City asked MetroNet to look at this property, therefore, they engineered everything towards the property. Mr. Casciato said that MetroNet would be willing to look for an alternate location at the City’s request, and that MetroNet wants to be part of the community. Ms. Schoeneman stated that in the application there is a standard regarding height for the tower. She asked Mr. Casciato if the tower height was studied and engineered for the Ames location. Mr. Casciato referred the question to Mr. Randy Dinius, the Special Project Manager for MetroNet. Randy Dinius, Special Project Manager for MetroNet, 3701 Communications Way, Evansville, Indiana, was sworn in and testified under oath. He stated that he was tasked with putting the application and all submittals together. He said MetroNet’s video engineering group helped confirm the height of the pole through a company called Historical Database. Historical Database did a desktop survey and came up with 79 feet for the height of the pole. Ms. Schoeneman asked Mr. Dinius if he did the research on the design of the tower. She stated that in the report provided by Planning, there is a standard using stealth design and there was a comment that stealth design wouldn’t work for this specific tower. She asked for more information as to why the stealth design would not work. Mr. Dinius said he wouldn’t confirm that stealth design wouldn’t work, but that typically cell phone tower antennas rather than television antennas are designed for stealth. Ms. Schoeneman asked what makes the site on Lincoln Way a viable option. Mr. Casciato stated that the City came to MetroNet about providing service to Ames. He said the City presented this site to MetroNet, and they designed everything around that. Barbara Blakely, 112 North Riverside Drive, Ames, Iowa, was sworn in and testified under oath. Ms. Blakely stated that many things concerned her about the tower. She questioned whether the rendering was made to scale. Mr. Dinius said he thought the tower was a little high in proportion 3 to the building. Ms. Blakely disagreed saying the tower looked too small, but she had trouble visualizing what a 79-foot tower would look like, and found an internet site with height comparisons. She found that 79 feet is similar to two telephone poles stacked on top of each other, or two semi-trailers stacked on top of each other, or possibly the Hollywood sign stacked with another two thirds of a sign. She doesn’t believe the tower is consistent with the character of the neighborhood, and was surprised that this idea has any traction in this area. Kathranne Knight, 123 S. Riverside Drive, Ames, Iowa, was sworn in and testified under oath. Ms. Knight addressed several Findings of Fact stating that the applicant has proposed to use a galvanized steel utility pole purchased from a company called Valmont. Valmont itself has issued a statement titled, “Laboratory and Field Corrosion Investigation of Galvanized Utility Poles” in which it states, “The pole industry is just now becoming aware of possible problems that can be associated with corrosive soils, mechanical damage, storage and stock rotations, ground level and underground water table corrosion, coatings requirements and interference induced from other structures. Specifications from paint and coatings suppliers do not always take these things into consideration. As a result, the service life of a utility pole can be diminished if the pole specifier doesn’t take into consideration the different environments that utility poles can be exposed to.” Ms. Knight said the applicant fails to provide evidence of soil testing for the embedded portion of the tower and how this relates to the choice of the Valmont tower. Therefore, the Zoning Board cannot confidently conclude antenna support safety until a Geotechnical report is made by an independent party. In terms of cell sites standards, Ms. Knight expressed interest in the idea of collocating. With regard to tower height, Ms. Knight stated that in order to determine if the antenna is the minimum height required to function, the applicant needs to contact WADE, the maker of the antenna, and provide the longitude and latitude of the tower in order to truly determine the height and placement. If this information is not sought, it is only an assumption that the pole would be able to receive the UHF and VHF signals properly. Kevin Lex, 107 S. Riverside Drive, Ames, Iowa, was sworn in and testified under oath. Mr. Lex asked if the site would have a backup generator and expressed concern about the fumes or odors that might come from the generator. He also expressed concern over ice falling from the tower. He mentioned a gate that goes from his property into the proposed MetroNet site that would need to be addressed for safety purposes. Matthew Cullen, 123 S. Riverside Drive, Ames, Iowa, was sworn in and testified under oath. Mr. Cullen questioned the long term environmental effect of using the site in this manner, the boring effect on the bank of Squaw Creek, and the use of fiber optic cable running from this hub outward. Fi Faridi, 2821 Wood Street, Ames, Iowa, was sworn in testified under oath. Mr. Faridi asked if the property would become residential or commercial in terms of tax assessment. Darrell Reeves, 3108 Northwood Drive, Ames, Iowa, was sworn in and testified under oath. Mr. Reeves questioned how the tower fits into the revitalization of Lincoln Way. He questioned who from the City approached MetroNet to buy this property. He questioned whether MetroNet had thoroughly investigated another location. He stated that he was not opposed to MetroNet 4 providing service, but thought the location should be different. He also believed MetroNet should look into collocating with another tower. Rick Maxwell, 304 S. Riverside Drive, Ames, Iowa, was sworn in and testified under oath. Mr. Maxwell came to the meeting to learn about the proposed project. He said he lives three blocks from the proposed site, but received no information from the City. He was informed of the plans from MetroNet by a neighbor. He stated that he supports competition, but the location should be different or MetroNet should consider collocation. David Greene, 103 S. Russell Avenue, Ames, Iowa, was sworn in and testified under oath. Mr. Greene expressed his opposition to the project. He questioned the location of the site, and hoped they would consider collocating their antenna. He expressed his concern about the potential impact on property values. Joe Leisz, 114 S. Riverside Drive, Ames, Iowa, was sworn in and testified under oath. Mr. Leisz stated that he was concerned with destabilization of the stream bed because the City had spent several hundred thousand dollars stabilizing it. He stated that he thought the site rendering inaccurately showed the location of the fence with relation to the boulder field that was put into place to stabilize the stream bed. He had walked the property, and believed the fence line would go about a foot and a half into the boulder field. He asked that MetroNet sign an assurance of property values for the neighborhood. Joe Muench, 304 N. Riverside Drive, Ames, Iowa, was sworn in and testified under oath. Mr. Muench said that he learned about MetroNet’s proposed plans a week before the meeting. He stated that the proposed plans for the site wouldn’t go along with the renewal of Lincoln Way. He said he hoped that MetroNet would consider alternate sites, or possibly collocating the antenna. Jamie Lex, 107 S. Riverside Drive, Ames, Iowa, was sworn in and testified under oath. Ms. Lex stated that the home she resided in is one of the oldest homes on Riverside Drive having been built in 1900. She found out about the proposed tower in her backyard from Ms. Kathranne Knight on December 19. She stated that her family had just moved to their current home a few months prior, and if there had been a 79-foot tower in her backyard, they would not have moved there. Tam Lorenz, 311 S. Maple Avenue, Ames, Iowa, was sworn in and testified under oath. Ms. Lorenz said the application mentioned that the pole would be similar in height and appearance to the metal street light pole on Lincoln Way, but that information was not accurate. She also noted that the application did not mention security lighting for the facility or any lighting for the tower. Ms. Schoeneman asked if there is a standard that relates to property values. Mr. Anderson said there is not. Ms. Ammar asked if there are lighting requirements for the tower. Mr. Anderson stated that the City has an outdoor lighting code, but he was unaware of any lighting proposed for the site. 5 Mr. Bowers asked staff to provide an outline of what is required for outreach for a project within the City. Mr. Anderson said a notice is sent to property owners within 200 feet of the site by the City Clerk’s office. They have a certain time frame to send that information out for every project. There was a sign posted on the property, and the Zoning Board agenda gets posted in the paper two weeks before meetings. As a courtesy, staff reached out to the neighborhood representative in early December for this project. Ms. Schoeneman asked Mr. Anderson if he knew how the taxation would change for the property, if he was aware of a feasibility study, and if there is a standard regarding alternate location information as part of the Code. Mr. Anderson said the Assessor’s office would handle tax information. He was aware of a structural analysis of the tower, but nothing else. He did not believe there to be a standard regarding alternate location information. Ms. Ammar asked if there will be any lighting on the pole. Mr. Dinius stated that there would be light near the entrance to the building that comes on from dusk to dawn, but nothing on the pole. There are Federal Aviation Administration (FAA) requirements for lighting only if a pole is 250 feet or taller. Ms. Schoeneman asked if there would be a generator on site. Mr. Dinius said that there would be a generator on site in case of power outage. He said this generator would be slightly larger than a generator someone might have in their home, and it will be there regardless of the tower. Ms. Schoeneman asked the applicant if the building could still be used without the tower on the property. Mr. Casciato stated that they could still use the site without the tower. Ms. Schoeneman asked what the process is in finding sites within a community. Mr. Dinius stated that MetroNet finds a central location and looks for properties within that area. MetroNet did this in Ames, but they ran into issues with a few different locations. Ms. Ammar asked if there are sites within residential neighborhoods in other locations. Mr. Dinius stated that Carmel and Kokomo, Indiana are two locations he can think of that are within residential neighborhoods. Ms. Ammar asked MetroNet if they could provide a rendering of the site to scale. Mr. Casciato said they would do that. Ms. Schoeneman asked if the structural analysis study included the soil or groundwater. Mr. Dinius said a geotechnical study of the soil is seldom done. The pole ordered through Valmont has a urethane coating on the bottom of the base to protect against corrosion. Ms. Schoeneman asked if a geotechnical study of the soil could be done. Mr. Dinius said that it would. Mr. Bowers stated that there seemed to be issues that needed further exploring or resolution with the site. He asked Mr. Casciato if he would be available to come back at a later date with more information on the antenna. Mr. Casciato said he would be in Ames the following week for the City Council meeting. Ms. Schoeneman asked staff if there is any zoning approval required for the use of the building from the Zoning Board. Mr. Anderson stated that MetroNet is not constructing a new building, and the Board should focus on the tower. Mr. Perkins felt that MetroNet was open to considering other options so he was leaning towards continuing this request to another meeting to give them time to look at alternatives such as collocating the antenna. Ms. Schoeneman wanted to see information regarding other properties 6 that were considered. Ms. Ammar suggested more definitive information on tower height. Ms. Schoeneman suggested a certified study on tower height. Ms. Schoeneman reviewed the items the Board wanted from MetroNet at the next meeting. Moved by Perkins, seconded by Bowers, to table ORDER NO. 20-01, thereby approving to continue the request to the January 22, 2020 meeting for a Special Use Permit to allow a Communications Tower at 1420 Lincoln Way in the “UCRM” Urban Core Residential Medium Density Zone. Schoeneman moved to amend the motion requesting information from MetroNet on the following items: 1. Design alternatives with regard to stealth design 2. Study of the actual height of the pole 3. Alternative locations or other alternatives for this site 4. Geotechnical analysis of the soil 5. Impact on the river Amendment to motion accepted by Perkins and Bowers. Roll Call Motion: 4-0. Motion declared carried. CASE NO. 20-02 VARIANCE – WILLIAM JENNINGS, 2030 COUNTRY CLUB BOULEVARD Public Hearing on application for a Variance for 2030 Country Club Blvd to allow for parking in the front yard for a single-family use within the “RL” Residential Low Density Zoning District. City Planner Julie Gould introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. Planner Gould stated that the owner of 2030 Country Club Boulevard applied for a variance to allow parking in the front yard. Currently, the home has a driveway that constitutes the allowed and required parking area for the home. If the variance is approved, it would allow a new parking area to be paved and counted as the required two parking spaces for the home. The proposed parking area does not meet standards of the Zoning Ordinance, as it is located in the front yard as defined by the Zoning Ordinance. This property is zoned Residential Low Density District (RL) and front yard parking is prohibited in this zoning district. The Zoning Ordinance does allow parking to be located in the side and rear yards, or upon a driveway that leads to parking spaces in the side or rear yards. Although the proposed parking location is situated behind the front corner of the house closest to the street, it is in front of the back corner of the home, making it front yard parking. There is non-compliant existing parking in the front yard with the current driveway that is considered legal nonconforming in location and width. At the time of application submittal, the owner’s reasoning for the variance was to provide a paved parking area that is larger and a better maneuvering area without having to park in tandem. A code modification for parking width was approved by the Building Official that allows the property to be used as a rental with the existing 7 parking as is. However, the applicant would like to install a parking area that is a paved driveway that leads to a paved parking area large enough to park two cars side-by-side. With the addition of parking, it would also allow for parking on a driveway as is currently permitted. Ms. Gould noted that an application was submitted for a Special Use Permit for Guest Lodging after this variance application was received. This variance request does not refer to the use of the property for Guest Lodging. Depending on the number of bedrooms and guests listed on that application, the existing parking and proposed parking may or may not comply with the Guest Lodging parking standards and would be evaluated subsequent to this variance request as a separate application. Regardless of the outcome of the variance request, the existing parking is adequate and has been approved for a Letter of Compliance to use the property as a single-family rental. Applicant William Jennings, 1606 South Duff Avenue, Ames, Iowa, was sworn in and testified under oath. Mr. Jennings asked Planner Gould to share the Findings that were not met. Mr. Jennings stated that he would like to park side by side rather than parallel, and that the parking would still be “side,” but because this is a pie-shaped lot, the City says it is front yard. Mr. Jennings stated that he is simply asking to be able to park side-by-side as opposed to parallel. Ms. Schoeneman said that a guest lodging application was mentioned in the report from City staff. She asked Mr. Jennings if that application was part of this variance. Mr. Jennings stated that his daughter and fiancé would be moving into the home eventually, but until then the home would be used as guest lodging. Marilyn Devick, 2019 Kildee St, Ames, Iowa, was sworn in and testified under oath. Ms. Devick asked the Zoning Board to deny this variance request. She stated that the former owners had resided in the home, and when the current owners purchased the home, it was immediately made into an Airbnb. She noted that an Airbnb needs three parking spaces, and if this variance for parking were to be approved, the home would then have three parking spaces. Ms. Devick stated that over Christmas there was a party, and there was a lot of garbage in the yard for a week after the party. Ms. Devick expressed concern with occupancy requirements being enforced. Brad Bearson, 425 Pearson Avenue, Ames, Iowa, was sworn in and testified under oath. Mr. Bearson asked the Board to consider the historic nature of the neighborhood. He said the College Heights neighborhood is historic as it relates to Iowa State University, Ames, and the time period in which it was developed. This section of the neighborhood has unique pressures due to the proximity to the ISU sororities and Iowa State Center with its multiple event venues. This neighborhood was one of the first in Ames specifically designed following the invention and economical expansion of the automobile. However, at the time the neighborhood was designed, property lot sizes were not intended to accommodate the multi-car families that many have today. Hence, numerous properties in the neighborhood have a single driveway with tandem parking. Therefore, the current parking configuration for the property at 2030 Country Club Boulevard is not unusual for this neighborhood. Currently, the neighborhood is facing intense pressure from conversion from owner occupied housing to rental properties. Consistent with this situation, the new owners have recently obtained a letter of compliance to use the property as a single family rental. Mr. Bearson stated that it was his understanding that the current parking 8 configuration complies with rental code and asked the Board to please consider this historic neighborhood in this decision. Dick Horton, 2119 Country Club Boulevard, Ames, Iowa, was sworn in and testified under oath. He stated that Country Club Boulevard was basically a river at one time. It was a drainage ditch from the athletics field to the Iowa State Center. All of the homes were built in the 1920s and ‘30s, and many have had room to expand to a double garage. He thought there would be enough room for 3 or 4 cars in the driveway if it were extended to the back of the lot. He said there are no properties with parking in the front yard in the area. Ms. Gould stated that the Letter of Compliance was for a single family rental that only requires two stalls. The application for Guest Lodging could require increased parking spaces. Parking per Code, would be allowed in the side and rear yard. She stated that physically there is enough room, but there is a retaining wall in the backyard due to a grade change in the yard. Ms. Schoeneman asked to clarify that the current parking area is considered front yard because the front yard is everything from the back of the house forward. Ms. Gould said the corner of the home closest to the nearest property line is considered front yard. Mr. Jennings stated that the hearing is about parking and not about an Airbnb. Mr. Jennings stated that he leaves everything better than he finds it. He said he cares about this neighborhood. He and his wife have improved 2030 Country Club Boulevard since purchasing the property. He stated that he has class, that he takes care of things, and he cares about what things look like. He said that if the Board would like them to park in the backyard, then they could. Since owning the property, Mr. Jennings and his wife have had guests in the home for a total of 12 days. He said there is a wall in the backyard, making parking the full distance in the backyard difficult and costly. He stated that he simply wants to park two cars side by side. Ms. Schoeneman reminded the Board that a variance has to meet all criteria. In this case, the land in question cannot yield a reasonable return if only used for a purpose allowed in the zone. She stated that this property has a compliance letter to be a single family rental. She also stated that if this is a question of should the code be modified, that is a different process. Mr. Perkins stated that they have to consider the Facts and the Code. He stated that he agreed with the Findings of Fact, that the property can yield a reasonable return as is. Moved by Perkins, seconded by Schoeneman, to deny ORDER NO. 20-02, thereby denying the request for a Variance located at 2030 Country Club Blvd to allow for parking in the front yard for a single-family use within the “RL” Residential Low Density Zoning District. Roll Call Motion: 4-0. Motion declared carried unanimously. Ms. Schoeneman called for a 5-minute recess at 7:44. The meeting was called back into session at 7:50 pm. CASE NO. 20-03 SPECIAL USE PERMIT – CHARLES AND KATHRYN NICHOLSON, 1014 ASH AVENUE 9 Public Hearing on application for a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 1014 Ash Avenue within the “RL” Residential Low Density Zoning District. City Planner Eloise Sahlstrom introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. The requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use for a three-bedroom Single Family Detached Home located at 1014 Ash Avenue. Vacation Lodging is a term that applies to the use of a single-family dwelling as Guest Lodging, which is a short term lodging use rather than household living. There are different categories or types of Guest Lodging allowed within the City. Vacation Lodging is a type of use that allows a dwelling to be used for guest stays up to 31 days without the property owner being present. The property must also be registered as rental property consistent with standards of the Ames Municipal Code. Note that if the Special Use Permit is approved, the use of the property for Guest Lodging requires compliance with licensing requirements of Chapter 35 of the Ames Municipal Code (AMC). The applicant is requesting approval of a three-bedroom dwelling with all three bedrooms for Guest Lodging and five adults as guests. The request for five adults is not consistent with the occupancy standards of the Ames Municipal Code that states no more than three adult occupants for three-bedroom dwelling units are permitted. Approval of this request would require a stipulation noting the occupancy limitations of the AMC, in this case three adults for a three- bedroom home. The property includes a two-car attached garage and allows for four additional stacked parking spaces on the driveway. Vacation Lodging requires one parking space per approved bedroom. At this time, the City Council is in the process of revising parking standards to allow stacked parking for single-family and two-family dwellings that would permit approval of three parking spaces for this property. The third reading for approving this proposed change is scheduled for January 14th. Staff has included a condition that the Special Use Permit approval is contingent on the adoption of the amendment to the ordinance for parking. Although there are no specific zoning separation requirements in the Zoning Ordinance, there is a 1,000-foot separation distance applied during review of the license application. At this time, there are no licensed Vacation Lodging single-family or two-family properties within 1000-feet of the applicant. In establishing the 1000-foot separation requirement, the City Council also established an initial exemption period, which included only applications submitted prior to December 16, 2019. This property will qualify for the exemption if the Special Use Permit is approved and if the application for the Guest Lodging License is received within 30 days of the Special Use Permit approval. Exemption from the separation requirement will terminate if the Guest Lodging license for the unit is suspended, revoked, or lapses. Exemption from the separation requirement is not transferrable to any subsequent owner of the property. Mr. Perkins asked Planner Sahlstrom how the one-year Special Use Permit for Guest Lodging would be enforced. Planner Sahlstrom stated that as part of the license renewal, the applicant would be required to show that they paid their taxes. They would also be required to maintain a 10 guest registry. Ms. Ammar asked how long the license is valid. Ms. Sahlstrom stated that the license is valid for 12 months, and it is recommended that they reapply a month before their license expires. Ms. Schoeneman asked if the number of adult guests differs between Vacation Lodging and Bed and Breakfasts. Ms. Sahlstrom replied that the numbers are different. The applicant was not present. Ms. Schoeneman said the Zoning Board bylaws state that the Board does not have to automatically deny an application due to no applicant present, but they do have that option. Sandra McJimsey, 2236 Storm St, Ames, Iowa, was sworn in and testified under oath. Ms. McJimsey stated that she was speaking as an individual and as a board member of the South Campus area neighborhood. She wanted to take a moment and commend the staff. She thought it was imperative that citizens understood the requirements for Vacation Lodging, and she believed Staff very clearly set those out. The neighborhood was concerned about the occupancy, but they understand that Vacation Lodging is different than Bed and Breakfast. Wendy Livy, 1020 Ash Avenue, Ames, Iowa, was sworn in and testified under oath. Ms. Livy asked if a home is allocated as a vacation home, is it then a rental. She also questioned whether the vacation permit and rental designation can be transferred to different owners. Planner Sahlstrom stated that a home has to have a rental letter of compliance before a person can apply for a Special Use Permit for Guest Lodging. She also stated that a rental letter of compliance can be transferred to another property owner, but a Guest Lodging Permit cannot. Moved by Ammar, seconded by Perkins, to adopt ORDER NO. 20-03, thereby approving the request for a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 1014 Ash Avenue within the “RL” Residential Low Density Zoning District with the following conditions: 1. Three off-street paved parking spaces required 2. Maximum of Three Guest bedrooms allowed 3. Maximum of Three Adult Guests allowed 4. One year of disuse will render this Special Use Permit expired and void 5. The Special Use Permit is not transferrable to any subsequent owner of the property. Roll Call Motion: 4-0. Motion declared carried. CASE NO. 20-04 SPECIAL USE PERMIT – BLESSINGS HOUSE, LLC, 922 WILSON AVENUE Public Hearing on application for a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property at 922 Wilson Avenue within the “RM” Residential Medium Density Zoning District and the “O-SFC” Single Family Conservation Overlay Zoning District. City Planner Benjamin Campbell introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. Planner Campbell stated that the requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in a Single Family Detached Home located at 922 Wilson Avenue. The 11 site is located within the “RM” Residential Medium Density Zoning District and the “O-SFC” Single Family Conservation Overlay Zoning District. The dwelling is a two-bedroom home planned. The applicant initially requested occupancy of two adults per bedroom for a total of four. However, occupancy limits for a two-bedroom home are three adults by Code. Approval of Special Use Permit would limit the use to both bedrooms of the home for a maximum occupancy of three adults. The property has a one-car detached garage and can accommodate four stacked parking spaces in the paved driveway that meet the minimum dimensions. Vacation Lodging requires one parking space per approved bedroom. At this time, the City Council is in the process of revising parking standards to allow stacked parking for single-family and two-family dwellings that would permit approval of two parking spaces for this property. The staff report originally said that there were three parking spaces for the property, but the applicant only needs two spaces because there are two bedrooms. The third reading for approving this proposed change is scheduled for January 14. Staff has included a condition that the Special Use Permit approval is contingent on the adoption of the amendment to the ordinance for parking. Mr. Campbell said that at this time there is no other licensed Vacation Lodging within 1000 feet of this property. This property will qualify for the exemption if the Special Use Permit is approved and if the application for the Guest Lodging License is received within 30 days of the Special Use Permit approval. Applicant Jim Ryken, 4002 Laura Court, Ames, Iowa, was sworn in and testified under oath. He thanked staff and the City for their hard work in establishing Guest Lodging and expressed his excitement to be before the Zoning Board request his Special Use Permit for Guest Lodging. Moved by Bowers, seconded by Schoeneman, to adopt ORDER NO. 20-04, thereby approving the request for a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property at 922 Wilson Avenue within the “RM” Residential Medium Density Zoning District and the “O-SFC” Single Family Conservation Overlay Zoning District with the condition that the Special Use Permit is not approved until the proposed changes to stacked parking within the Zoning Ordinance is approved and published and the following stipulations reflective of Chapter 13 – Rental Housing standards for guest lodging: 1. Two off-street paved parking spaces required 2. Maximum of Two Guest bedrooms allowed 3. Maximum of Three Adult Guests allowed 4. One year of disuse will render this Special Use Permit expired and void 5. The Special Use Permit is not transferrable to any subsequent owner of the property. Roll Call Motion: 4-0. Motion declared carried. CASE NO. 20-05 SPECIAL USE PERMIT – JEFF AND PENNY HART, 1405 16TH STREET Public Hearing on application for a Special Use Permit for Guest Lodging to allow a Bed and Breakfast use, for the property located at 1405 16th Street within the “RL” Residential Low Density Zoning District. 12 City Planner Julie Gould introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. Planner Gould stated that the requested Special Use Permit for Guest Lodging is to allow a Bed & Breakfast Establishment use in a Single Family Detached Home, located at 1405 16th Street. The applicant is requesting approval of two bedrooms for Guest Lodging, which would allow for two adults per bedroom for a total of four adults as guests at any one time. A Bed and Breakfast is a type of Guest Lodging where the proprietor of the business has their primary residence in the dwelling and is present during the operation of the use. The proposed use is not considered a rental property and is not subject to the City’s Rental Code. The property includes a two-car attached garage and allows for two additional stacked driveway parking spaces that meet the minimum dimensions. Bed & Breakfast Establishments are required to have “reserved” guest parking. At this time, the City Council is the process of revising parking standards to allow stacked parking for single-family and two-family dwellings that would permit approval of three parking spaces for this property. The third reading for approving this proposed change is scheduled for January 14. Staff has included a condition that the Special Use Permit approval is contingent on the adoption of the amendment to the ordinance for parking. This arrangement would satisfy the Guest Lodging code requirement for Bed & Breakfast Establishments, which requires one reserved space per guest bedroom, plus one space for the owner. Applicant Jeff Hart, 1405 16th Street, Ames, Iowa, was sworn in and testified under oath. Mr. Hart stated that he and his wife live in the home and they plan to continue to live there. They rent out their home to supplement their income, and to provide lodging to visitors. They occasionally block the rooms off for their sons when they come to Ames. There is no signage or lighting for their bed and breakfast. Stephen Burn, 2555 Eisenhower Avenue, Ames, Iowa, was sworn in and testified under oath. Mr. Burn stated that the neighborhood is low density versus a for profit business. He said the applicants stated in their application that their neighbors are not presently aware that they have an Airbnb business, but that the neighborhood is aware. He has seen cars parked in front of their home, and people unloading equipment during the week and bringing it into the home. The application says occasionally they will have guests. He asked staff what is meant by occasionally. He and the neighbors had some concern about strangers coming into the neighborhood, and the safety risks to the children in the neighborhood. Applicant Hart stated that he is in a band, and every Tuesday night there are people unloading equipment into his house. He said that there are homes in the neighborhood with special needs children. During the week, there are nurses and workers at these homes and there are cars parked on the street. Mr. Hart noted that their guests rarely have vehicles. They fly in from nations around the world to Des Moines, and either Uber or take the bus around town. Airbnb is a community oriented group and is part of the sharing economy. Ms. Gould wanted to clarify information based upon the comments from Mr. Burn. She stated that all Special Use Permits for Guest Lodging need to be renewed annually. As part of that 13 annual renewal, applicants have to provide certain documentation. Some types of guest lodging limit the number of nights a guest can stay, but some do not. For Bed and Breakfasts, there is no maximum days per year that an owner can host, but no guest can stay longer than 31 days consecutively. Moved by Perkins, seconded by Bowers, to adopt ORDER NO. 20-05, thereby approving the request for a Special Use Permit for Guest Lodging to allow a Bed and Breakfast use, for the property located at 1405 16th Street within the “RL” Residential Low Density Zoning District by adopting the Findings and Conclusions with the condition that Special Use Permit is not approved until the proposed changes to stacked parking within the Zoning Ordinance is approved and published and with the following stipulations reflective of the AMC guest lodging standards: 1. Three off-street paved parking spaces required 2. Maximum of Two Guest bedrooms allowed 3. Maximum of Four Adult Guests allowed 4. One year of disuse will render this Special Use Permit expired and void. 5. The Special Use Permit is not transferrable to any subsequent owner of the property. Ms. Schoeneman noted that the number of guest bedrooms is limited to two, and therefore the use will be limited. Roll Call Motion: 4-0. Motion declared carried unanimously. Ms. Schoeneman stated that MetroNet’s case should be added to the next meeting’s agenda so long as they can get the items requested to the Board for the January 22 meeting. ADJOURNMENT: Moved by Perkins, seconded by Bowers, to adjourn the meeting at 8:36 p.m. _____________________________ _____________________________ Jacque Higgins, Recording Secretary Amelia Schoeneman, Chair