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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 01/22/2020 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JANUARY 22, 2020 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on January 22, 2020, in the Council Chambers of City Hall with the following members present: Leila Ammar, Kyle Perkins, Amelia Schoeneman, and Rob Bowers. Not present was Ronald Schappaugh. Also present were Assistant City Attorney Vikki Feilmeyer, and City Planners Eloise Sahlstrom and Ray Anderson. APPROVAL OF MINUTES: Moved by Perkins, seconded by Bowers, to approve the Minutes of the meeting of January 8, 2020. Vote on Motion: 4-0. Motion declared carried. SET NEW DATE OF ZBA MEETING ORIGINALLY SCHEDULED FOR VETERAN’S DAY, NOVEMBER 11, 2020 Moved by Schoeneman, seconded by Ammar to set the originally scheduled meeting on November 11, 2020, to November 12, 2020. Vote on Motion: 4-0. Motion declared carried. CASE NO. 20-06 AMENDMENT TO EXISTING SPECIAL USE PERMIT – U.S. CELLULAR, USCOC OF GREATER IOWA, 106 SOUTH DAKOTA AVENUE Public Hearing on amendment to a Special Use Permit to remove the upper portion of the stealth tower and replace with larger stealth diameter canisters including new antenna and equipment on the existing U.S. Cellular tower located at 106 South Dakota Avenue. City Planner Eloise Sahlstrom introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. Planner Sahlstrom stated that the applicant, U.S. Cellular, is requesting approval of an amended Special Use Permit for an existing cell tower to install interior mounted antennas and substantially larger stealth canisters on an existing “stealth” monopole at 106 South Dakota Avenue, which is the location of the Ames Woman’s Club. The height of the existing tower would remain the same. Stealth monopole cellular towers are a standard request of the City in order to minimize the visual impact of cellular towers in or near residential areas. A Special Use Permit for the construction of the existing tower was approved in 2003, and included approval of a 120’ stealth monopole with interior mounted cellular antennas on the east side of the Woman’s Club building, north of the parking lot. There are four locations for cellular equipment on the interior of the existing monopole. U.S. Cellular occupies the top three cellular equipment locations and Verizon occupies the lowest location on the monopole. Iowa Wireless is located on the exterior of the tower at an elevation of 75’ and has antenna on the current tower that extends outward 2 approximately 25”. This installation, approved in 2014, was an amendment to the original Special Use Permit. U.S. Cellular is proposing to remove existing antennas and 28” stealth canisters on the top one-third of the 120’ tower and replace with larger antennas and 48” stealth canisters. Planner Sahlstrom stated that staff concludes that the proposed Amended Special Use Permit for a Cell Tower with Antennas to allow replacement by U.S. Cellular of 40’ of existing 28” stealth canisters with new 48” stealth canisters and the addition of new interior mounted antennas and associated equipment, located at 106 South Dakota Avenue, is consistent with the requirements for a Special Use Permit for a Cell Tower with Antennas and with the general and specific residential standards required for granting a Special Use Permit. The cellular tower use will operate in a manner that is compatible with the surrounding uses and not cause a nuisance to adjacent neighbors. Therefore, based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative One. Alternative One states that the Zoning Board of Adjustment may approve the Amended Special Use Permit for a Cell Tower with Antennas to allow for replacement by U.S. Cellular of 40 feet of existing 28” stealth canisters with new 48” stealth canisters and the addition of new interior mounted antennas and associated equipment, located at 106 South Dakota Avenue based on the Findings of Fact and conclusions stated herein, as detailed on the submitted Site Plan and Elevations. Mr. Perkins asked if the Board needed to approve the canisters or the change to 40 feet at the top. Ms. Sahlstrom stated that the 40 feet at the top is the location of the canisters. The board’s approval will be granting the new equipment, new antennas, and the new stealth canisters. Staff felt that because the appearance of the tower will change, it needed to be approved by the Zoning Board. Mr. Perkins asked if a Special Use Permit would need to be obtained if Verizon wanted to change their antenna. Ms. Sahlstrom said that as long as the exterior remained the same, there would be no need for a Special Use Permit. Shawn Kellis, 19730 Bellbrook Boulevard, Gretna, Nebraska, was sworn in and testified under oath. Mr. Kellis stated that Ms. Sahlstrom did an excellent job stating U.S. Cellular’s request. He said U.S. Cellular would like to increase the size of their antennas, requiring the shrouding that goes around the existing tower to be changed. This will not change the existing structure, and the existing height will stay the same. Ms. Schoeneman noted that she appreciated the structural analysis included in the staff’s Findings to make sure all of the requirements were met. Moved by Perkins, seconded by Bowers, to adopt ORDER NO. 20-06, thereby approving Alternative One. Roll Call Motion: 4-0. Motion declared carried. CASE NO. 20-10 SPECIAL USE PERMIT – GREENBUSH PROPERTIES, 326 SOUTH WALNUT 3 AVENUE Public Hearing on application for a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 326 South Walnut Avenue, Unit C, located within the “S-SMD” South Lincoln Sub Area Mixed Use District. City Planner Eloise Sahlstrom introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. Planner Sahlstrom stated that Greenbush Properties is requesting a Special Use Permit for Guest Lodging to allow a Vacation Lodging at 326 S. Walnut Avenue, Unit C. Most apartments will not come before the Zoning Board for a Special Use Permit, but in the South Lincoln Mixed Use District, requests for vacation lodging will need a permit. The applicant is requesting approval of a four-bedroom apartment dwelling unit with all four bedrooms for Guest Lodging and five adults as guests. Four bedrooms align with the number of bedrooms approved under the Letter of Compliance. The request for five adults is consistent with the occupancy standards of the Ames Municipal Code that states one more adult occupant than number of bedrooms may be permitted within an apartment dwelling. Approval of the Special Use Permit will include a stipulation noting the occupancy to be a maximum of five adults. The property has a Two-Year Letter of Compliance that was issued on November 5, 2018. It will expire on November 5, 2020. The parking lot is designed and approved for what was built in 1995, and is considered a non- conforming parking lot. Most tenants do not have vehicles because CyRide has service along South Walnut. Staff does believe that the parking is adequate for what is required. Although separation requirements for Vacation Lodging only apply to one and two-family dwellings, apartments are limited by the number of units that may be licensed within a parcel or development. The limitation is one unit or up to 10% of the total units. Therefore, as long as Unit C is licensed, no other units in the 5-plex building may be licensed for Guest Lodging. Staff concludes that the proposed Guest Lodging Vacation Lodging use, at 326 S. Walnut Avenue, Unit C, is consistent with the requirements for a Special Use Permit for Guest Lodging and with the general and specific residential standards required for granting a Special Use Permit. The Guest Lodging use will operate in a manner that is compatible with the surrounding uses and not cause a nuisance to adjacent neighbors. Therefore, based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative One. If the Board determined that the current nonconforming parking lot was not appropriate for the proposed use in conjunction with the other apartments, it would need to deny the Special Use Permit as there is no location on the site where additional parking could be added to bring the site into compliance with current parking requirements. Alternative One states that the Zoning Board of Adjustment can approve this request for a 4 Special Use Permit for Guest Lodging at 326 S. Walnut Avenue, Unit C, to allow a Vacation Lodging use in the “S-SMD” South Lincoln Mixed-Use District zoning district by adopting the Findings and Conclusions with the following stipulations reflective of the AMC Guest Lodging standards: 1. Off-Street Paved Parking Spaces required: 4 2. Maximum Number of Guest Bedrooms allowed: 4 3. Maximum Number of Adult Guests allowed: 5 4. One year of disuse will render this Special Use Permit expired and void. 5. The Special Use Permit is not transferable to another Unit at 326 S. Walnut Avenue nor is the Special Use Permit transferable to any subsequent owner of the property. Additionally, operation of the Vacation Lodging use is subject to the requirements of the Ames Municipal Code, including the Rental Code and Guest Lodging Code. Receipt and annual renewal of a Guest Lodging license is required. Operation of a Guest Lodging use without an active Guest Lodging license is a violation of City code. Board Member Bowers asked what changes to the property would require the parking lot to be brought up to conforming standard. Ms. Sahlstrom stated that the parking for guest lodging has to comply with the standards in the zoning ordinance which includes paving, parking space sizing, and the correct number of spaces for the Guest Lodging. She said staff believes the parking lot meets those standards. It is non-conforming from the standpoint of the rental code, so if there was full occupancy of the parking lot, the rental portion would be non-conforming. Applicant Cody Greenfield, 2515 300th Street, Jewel, Iowa, was sworn in and testified under oath. Mr. Greenfield stated that Ms. Sahlstrom did a great job explaining the request and answering questions. He agreed with Ms. Sahlstrom that the current parking lot seemed adequate with only three tenants having cars. He stated that there have never been more than two cars and six guests in the Airbnb at one time. Ms. Schoeneman asked the applicant if he understands that he can only allow a maximum of 5 guests. He said he has changed the occupancy limit online to reflect the correct information. Ms. Sahlstrom clarified that the occupancy limits only include adult guests. Ms. Ammar asked Ms. Sahlstrom if there is an occupancy limit for children. Ms. Sahlstrom stated that there is only a limit on the number of adults. Moved by Ammar, seconded by Perkins, to approve ORDER NO. 20-10, thereby approving Alternative One as recommended by Staff. Roll Call Motion: 4-0. Motion declared carried. CASE NO. 20-07 SPECIAL USE PERMIT – BRIAN AND PATRICIA MEESE, MPM, LLC, 504 STANTON AVENUE Public Hearing on application for a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 504 Stanton Avenue within the “RL” Residential Low Density Zoning District. 5 City Planner Eloise Sahlstrom introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. Ms. Sahlstrom 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 504 Stanton Avenue. The site is located within the “RL” Residential Low Density Zoning District. The applicant is requesting approval of a two-bedroom dwelling with both bedrooms planned for Guest Lodging and four adults as guests. The request for four adults is not consistent with the occupancy standards of the Ames Municipal Code that states no more than three adult occupants may be permitted for a two-bedroom dwelling unit. Approval of this request requires a stipulation noting the occupancy limitations of the Ames Municipal Code, in this case three adults for a two- bedroom home. Parking must comply with the dimensional, location, and surfacing requirements of the Zoning Ordinance. Generally, parking is not allowed to be located between the building and the street, however, the standards include an exception that will allow stacked parking to count toward the minimum parking requirement for a single-family dwelling. The parking area will accommodate the two required 9’x19’ parking spaces as side-by-side spaces in the parking area, or as one stacked space in the driveway with one space in the parking area. The property has a Three-Year Letter of Compliance that was issued on December 3, 2018. It will expire on December 3, 2021. In establishing the 1,000-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. Staff concludes that the proposed Guest Lodging Vacation Lodging use, at 504 Stanton Avenue is consistent with the requirements for a Special Use Permit for Guest Lodging and with the general and specific residential standards required for granting a Special Use Permit. The Guest Lodging use will operate in a manner that is compatible with the surrounding uses and not cause a nuisance to adjacent neighbors. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest Lodging at 504 Stanton Avenue to allow a Vacation Lodging use in the “RL” Residential Low Density Zoning District by adopting the Findings and Conclusions noted above with the following stipulations reflective of the AMC Guest Lodging standards: 1. Off-Street Paved Parking Spaces required: 2 2. Maximum Number of Guest Bedrooms allowed: 2 3. Maximum Number of Adult Guests allowed: 3 4. One year of disuse will render this Special Use Permit expired and void. 5. The Special Use Permit is not transferable to any subsequent owner of the property. 6 Additionally, operation of the Vacation Lodging use is subject to the requirements of the Ames Municipal Code, including the Rental Code and Guest Lodging Code. Receipt and annual renewal of a Guest Lodging license is required. Operation of a Guest Lodging use without an active Guest Lodging license is a violation of City Code. Moved by Perkins, seconded by Bowers, to adopt ORDER NO. 20-07, thereby approving Alternative One as recommended by Staff Roll Call Motion: 4-0. Motion declared carried. CASE NO. 20-08 SPECIAL USE PERMIT – RYAN AND ASHLEY JO HOUCK, 311 SOUTH WALNUT AVENUE Public Hearing on application for a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property at 311 South Walnut Avenue within the “S-SMD” South Lincoln Sub Area Mixed-Use District. City Planner Ray Anderson introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. Planner Anderson stated that the requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in a duplex located at 311/313 S. Walnut Avenue. The site is located within the “S-SMD” South Lincoln Sub Area Mixed-Use District. The north unit (311), which includes both first and second floors, is the one proposed as Vacation Lodging. The south unit is a rental, and will remain as household living. The applicant is requesting approval of a two- bedroom dwelling with both of the bedrooms available for Guest Lodging, which allows for a total of three adults as guests. The other unit is a two-bedroom unit that will remain a rental unit for household living. The request for adults is consistent with the occupancy standards of the Ames Municipal Code that states no more than three adult occupants may be permitted for a two- bedroom dwelling unit. Parking must comply with the dimensional, location, and paved surfacing requirements of the Zoning Ordinance. The standards include an exception for stacked driveway parking related to one and two-family dwellings. The property includes a nonconforming gravel driveway and parking area. To conform to the Zoning Ordinance, this area must be paved to city standards. A total of four required parking spaces are needed for the duplex meeting minimum dimensional requirements of 9’x19’ feet for each space. Once paved, the applicant proposes to account for parking with the ability to have “stacked” parking for six cars, with two rows of three cars in each row, and parking spaces. Stacked parking is permissible and technically only four spaces are required. The property has a three-year Letter of Compliance that was issued on April 30, 2019 and will expire on May 2, 2022. The 1,000-foot separation distance requirement does not apply during review of the license application. At this time, there are no licensed Vacation Lodging single- family or two-family property within 1,000-feet of the applicant. existing.” The property is located within the “UCRM” Urban Core Residential Medium Density Zone. 7 Staff concludes that the proposed Guest Lodging Vacation Lodging use, at 311 S. Walnut Avenue is consistent with the requirements for a Special Use Permit for Guest Lodging and with the general and specific residential standards required for granting a Special Use Permit. The Guest Lodging use will operate in a manner that is compatible with the surrounding uses and not cause a nuisance to adjacent neighbors. Site improvements are needed to comply with the Zoning Ordinance if the Permit is approved. The Zoning Board of Adjustment has some discretion on timing of the improvement, including requiring them to be in place prior to the issuance of a Guest Lodging License. In this instance, staff proposes the improvement of the driveway as a condition of approval be tied to the issuance of guest lodging license and allowing the improvement to occur relatively soon after the operation of use. If the applicant does not comply with the condition they would be in violation of the Special Use Permit and the Guest Lodging License, subjecting them to revocation of the license and permits. Therefore, based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative One. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest Lodging at 311 S. Walnut Avenue to allow a Vacation Lodging use in the “S-SMD” South Lincoln Sub Area Mixed-Use District by adopting the findings and conclusions noted above with the following stipulations reflective of the AMC Guest Lodging standards and one condition: 1. Off-Street Paved Parking Spaces required: 2 2. Maximum Number of Guest Bedrooms allowed: 2 3. Maximum Number of Adult Guests: 3 4. One year of disuse will render this Special Use Permit expired and void. 5. The Special Use Permit is not transferable to any subsequent owner of the property. a. Condition: The gravel driveway must be paved to city standards, including approval of a driveway permit for a new paved driveway approach from Public Works and Zoning Officer approval of the paving plan for the driveway and parking. Improvement of the driveway is required no later than nine months from the issuance of a Guest Lodging License. Additionally, operation of the Vacation Lodging use is subject to the requirements of the Ames Municipal Code, including the Rental Code and Guest Lodging Code. Receipt and annual renewal of a Guest Lodging license is required. Operation of a Guest Lodging use without an active Guest Lodging License is a violation of City Code. Mr. Perkins asked Mr. Anderson to clarify why the 1,000-foot rule does not apply to this permit. Mr. Anderson stated that the 1,000-foot rule only applies in certain zoning districts. Ms. Ammar asked staff if the off-street paved parking is required only for vacation lodging. Mr. Anderson stated that if the gravel surface existed prior to the regulation being in effect, it was grandfathered in for rentals. For vacation lodging, it was decided that parking would need to be brought up to City Code standard. Applicant Ryan Houck, 65697 190th Street, Nevada, Iowa, was sworn in and testified under oath. 8 Mr. Houck stated that Ms. Sahlstrom let him know that he would need to pave the driveway. He requested a nine-month leeway to get it done due to weather, but he has sought bids already. Moved by Bowers, seconded by Ammar, to adopt ORDER NO. 20-08, thereby approving Alternative One as recommended by Staff. Roll Call Motion: 4-0. Motion declared carried. CASE NO. 20-09 SPECIAL USE PERMIT – RYAN AND ASHLEY JO HOUCK, 809 NORTHWESTERN AVENUE Public Hearing on application for a Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 809 Northwestern Avenue within the “UCRM” Urban Core Residential Medium Density Zone. City Planner Ray Anderson introduced the request and reviewed the site plan, project description, applicable law, and Findings of Fact and Conclusions. Planner Anderson stated that the requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in a duplex located at 807/809 Northwestern Avenue. The second floor unit is the one proposed as Vacation Lodging. The unit on the first floor is a rental, and will remain as household living. The structure was originally built in 1953 as a duplex. The duplex existed prior to adoption of the new zoning ordinance in May, 2000, which makes it “pre- existing.” The property is located within the “UCRM” Urban Core Residential Medium Density Zone. The applicant is requesting approval of a one-bedroom dwelling with the bedroom available for Guest Lodging which allows for a total of three adults as guests. The request for three adults is consistent with the occupancy standards of the Ames Municipal Code that states no more than three adult occupants may be permitted for a one-bedroom dwelling unit. The property includes a two-car detached garage in the rear yard, with two additional 9’x19’ parking spaces directly in front of the garage. The driveway is paved with asphalt and is approximately nine feet wide until it widens out near the garage. Vacation Lodging requires one parking space per approved bedroom, and household living requires a minimum of two parking spaces per unit. A total of three parking spaces are required to serve for both units. This meets the minimum of three required parking spaces for the Vacation Lodging and the household living units, combined. In addition, the recent Zoning Ordinance revisions will now allow stacked parking to count toward the minimum parking requirements subject to ZBA approval. The property has a four-year Rental Code Letter of Compliance issued on March 19, 2018 that will expire on March 19, 2022. Although the Zoning Ordinance does not include any specific separation requirements, a 1,000- foot separation distance requirement will be applied during review of the license application. At this time, there are no licensed Vacation Lodging single-family or two-family property within 1,000 feet of the applicant. In establishing the 1,000-foot separation requirement, the City 9 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. Staff concludes that the proposed Guest Lodging Vacation Lodging use, at 809 Northwestern Avenue is consistent with the requirements for a Special Use Permit for Guest Lodging and with the general and specific residential standards required for granting a Special Use Permit. The Guest Lodging use will operate in a manner that is compatible with the surrounding uses and not cause a nuisance to adjacent neighbors. The 1,000-foot separation distance will be applied during review of the license application. If, however, the property is granted a Special Use Permit, it may qualify for exemption from the 1,000-foot separation distance, if an application for a Guest Lodging license is submitted within 30 days of the Special Use Permit approval. Therefore, based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative One. Alternative One states that the Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest Lodging at 809 Northwestern Avenue to allow a Vacation Lodging use in the “UCRM” Urban Core Residential Medium Density Zone by adopting the Findings and Conclusions noted above with the following stipulations reflective of the AMC Guest Lodging standards: 1. Off-Street Paved Parking Spaces required: 1 2. Maximum Number of Guest Bedrooms allowed: 1 3. Maximum Number of Adult Guests: 3 4. One year of disuse will render this Special Use Permit expired and void. 5. The Special Use Permit is not transferable to any subsequent owner of the property. Additionally, operation of the Vacation Lodging use is subject to the requirements of the Ames Municipal Code, including the Rental Code and Guest Lodging Code. Receipt and annual renewal of a Guest Lodging License is required. Operation of a Guest Lodging use without an active Guest Lodging License is a violation of City Code. Applicant Ryan Houck, 65697 190th Street, Nevada, Iowa, was sworn in and testified under oath. Mr. Houck stated that he had no questions. He thanked staff for their assistance with his application process. Moved by Perkins, seconded by Ammar, to adopt ORDER NO. 20-09, thereby approving Alternative One. Roll Call Motion: 4-0. Motion declared carried. 10 CASE NO. 20-01 SPECIAL USE PERMIT – METRONET, 1420 LINCOLN WAY Public Hearing on application for a Special Use Permit, continued from January 8, 2020, to allow a Communications Tower at 1420 Lincoln Way in the “UCRM” Urban Core Residential Medium Density Zone Ms. Schoeneman stated that this item had been withdrawn from the agenda. ADJOURNMENT: Moved by Perkins, seconded by Schoeneman, to adjourn the meeting at 6:51 p.m. _____________________________ _____________________________ Jacque Higgins, Recording Secretary Amelia Schoeneman, Chair