HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 12/08/2021
MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA DECEMBER 8, 2021
The Ames Zoning Board of Adjustment met, pursuant to law, in Regular Session at 6:00 p.m. on
December 8, 2021, in the Council Chambers of City Hall with the following members present:
Rob Bowers, Leila Ammar, Amelia Schoeneman, and Chad Schneider. Also present were
Assistant City Attorney Jane Chang, City Planner Eloise Sahlstrom and City Planner Julie Gould.
APPROVAL OF MINUTES: Moved by Ammar, seconded by Bowers, to approve the Minutes
of the meeting of October 13, 2021.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 21-15
A request for an Extension of a Non-Conforming Residential Use for 520 E Lincoln Way.
City Planner Julie Gould stated this case is a first of its kind to come before the Zoning Board of
Adjustment. The Zoning Code under our Non-Conforming Section 29.307 of the Ames Zoning
Ordinance, there is a paragraph G that addresses abandonment of non-conforming uses. A non-
conforming use is considered abandoned and cannot continue if the use of the property as
residential, has ceased for more than one year and required steps outlined in Section 29.307 (2) are
followed and these required steps have been communicated to the property owner.
City Planner Gould stated the property being discussed is at 520 E Lincoln Way and this process
started in July of 2021. The property owner had reached out to the Inspections Department to go
through the rental registration process. At that time, we discovered the property was not a
registered rental previously and the property was zoned HOC and residential is not an allowed use
in a Commercial District in Ames. Ms. Gould reached out to the applicant to see if they have been
using the property residentially. Per conversations and correspondence with the applicant, staff
determined it was not an abandoned property because they had used it as an unregistered rental
and the property owner used it residentially as well through out the past year. There has not been
a solid 12 months where it had not been used residentially. The last time it was registered as a
rental, that we have on file, was 2016, which is prior to the applicant’s ownership. The house was
originally built in 1933 as a single-family structure. In March of 1949, it was converted to two
units and its present-day configuration, as determined from a city building permit record.
Currently, there is one two-bedroom ground level unit and a one-bedroom unit upstairs. The
property owner is in the process of trying to acquire a Letter of Compliance to use the property as
a rental property and /or to sell it as a residential property.
The applicant is working with the Inspections Department on obtaining all the required permits to
update and meet rental codes. The applicant is having a hard time getting everything completed,
especially paving of the parking area, within the 90 days the Code allows. The applicant is
requesting an extension until May 2022 and staff is in support of this request. Staff feels the
applicant is making a good faith effort of trying to complete what they need to do. City Planner
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Gould stated she is in favor of approving the request for extension until May 2022. If the applicant
does not meet the May 2022 deadline they can come before the Board to request an additional
extension.
Board Chair Schoeneman asked if there were any questions for staff.
Board Member Schneider asked if a six-month extension was the required time frame. City Planner
Gould said there is no specific extension time frame listed, staff felt that was a reasonable request
given that concrete works needs to be completed. Mr. Schneider asked if there could be two
timelines, one for interior work and another for exterior work. Ms. Gould stated that would be
difficult, the inspection checklist for rental registration is all on one checklist, it doesn’t matter if
it is interior or exterior work, it all must be completed to be a registered rental.
City Planner Gould stated this is not rental vs. non-rental look at it as residential vs non-residential.
Evan Brown, 520 East Lincoln Way, Ames, was sworn in and testified under oath. Mr. Brown
stated the initial intention of buying the property was for a chiropractic office for one of his
business partner’s spouse. The Doctor, interested in property, had her first child and decided she
did not want to have a practice and wanted to be a stay-at-home mom. Since then, Mr. Brown has
stayed there a short period of time and he said family and friends have stayed there for short
durations as well. It has not been rented out. He is currently working on updating the property and
parking lot renovations and is running into timing issues. All concrete construction was four-six
months out.
Board Chair Schoeneman opened the public hearing.
Board Chair Schoeneman closed the public hearing when no one came forward to speak.
Moved by Ammar, seconded by Schneider, to approve Alternative 1, The Zoning Board of
Adjustment may approve this request to allow an extension until May 13, 2022, for the property
owner to have time to complete all required improvements at 520 E Lincoln Way and to
reestablish use of the property as a residential use.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 21-14
A request for exception to the Parking Lot Landscape Area Dimension Requirements for the
property located at 306 E Lincoln Way.
City Planner Eloise Sahlstrom opened by saying this project had come before the Board previously.
An exception was approved in September 2018, but it has since expired along with the Site Plan
and Special Use Permit, so they are going through the process again. Rick Kasperbauer of Mayfair
Cleaners is proposing to relocate their current operations and build a new dry cleaning and laundry
facility at 306 E Lincoln Way. The property is zoned Highway Oriented Commercial “HOC” and
is currently vacant.
The request is identical to what was previously approved, as the applicable regulations have
remained the same. Only the address has been updated.
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The applicant wishes to have a pick-up/drop-off area to accommodate customers. It is proposed to
be located at the south end of the building facing west. The drive aisle adjacent to the pick-up /
drop-off area is designed with a width of 14 feet to accommodate the ease of circulation around
the pick-up/drop-off area. The code requires pavement areas to be setback a minimum of three feet
from adjacent property lines. The applicant is requesting an exception to the pavement setback in
this area, to allow a zero setback. The applicant is also the owner of the adjacent property.
Current landscape regulations require a minimum 10-foot-wide front yard landscape and parking
and loading area landscaping. Other than the exception request, the applicant is in compliance with
the requirements of Sec. 29.403 Landscaping and Screening. The exception is for a pavement
setback and does not impact any of the required landscaping. The landscaping will include a total
of eight overstory trees, 16 shrubs, 80 ornamental grasses, and 36 decorative perennials. The
landscaping requirements have been met.
Staff concludes that the proposed dry cleaning and laundry facility, at 306 E. Lincoln Way is
consistent with the exception standards required for granting an Exception to the Parking Lot
Landscape Area Dimension Requirement. Therefore, based upon the Findings of Fact, it is the
recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment
act in accordance with Alternative 1; The Zoning Board of Adjustment can approve this request
for an Exception to the Parking Lot Landscape Area Dimension Requirement for the property
located at 306 E. Lincoln Way, by adopting the findings and conclusions.
John Gade, Fox Engineering Associates, 414 S 17th Street Ste 107, Ames, was sworn in and
testified under oath. Mr. Gade is representing the owner, Mayfair Cleaners.
Board Member Schneider asked Mr. Gade if the area being discussed was designed for two-way
traffic to which Mr. Gade said no, it will be one way out. It technically will be 2 lanes, but 1 lane
will be to get around the temporary parked car at the drop-off/pick-up area.
Board Chairmen Schoeneman asked if there were any additional questions for applicant or staff.
Board Chair Schoeneman opened the public hearing.
Board Chair Schoeneman closed the public hearing when no one came forward to speak.
Motion by Bowers, seconded by Schneider to approve Alternative 1: The Zoning Board of
Adjustment can approve this request for an Exception to the Parking Lot Landscape Area
Dimension Requirement for the property located at 306 E. Lincoln Way, by adopting the findings
and conclusions.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 21-13
A request for a Special Use Permit to allow the use of a Dry Cleaning and Laundry Facility
in the Highway Oriented Commercial (HOC) zone for the property located at 306 E Lincoln
Way.
City Planner Eloise Sahlstrom stated this request came before the Board as a Special Use Permit
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and was approved in September 2018, but the Site Plan and Special Use Permit have since expired.
The request is identical as previous request but with an address update.
In Table 29.804(2) of the Zoning Ordinance, the “HOC” zone requires that a Dry Cleaning and
Laundry Facility be subject to approval of a Special Use Permit by the Zoning Board of Adjustment
(ZBA). The Special Use Permit requirement is intended to guide Dry Cleaning and Laundry
Facilities toward compatibility with their surroundings. Three additional standards are included
related to Dry Cleaning and Laundry Facilities. These standards address chemical processes,
adjacent uses, and a general parking standard.
Ms. Sahlstrom referred the Board to information contained in the staff report regarding Chemical
Processes and the use of Perchloroethylene (PCE or also referred to as Perc) which is prohibited.
Since Perc is on the EPA’s list of carcinogenic products, the City wants to know if an applicant is
using. The applicant stated that the use of Perc is not used in Mayfair’s cleaning process. Ms.
Sahlstrom stated that since Perc is not used, it can be concluded that the use meets Dry Cleaning
and Commercial Laundry Facility Standard (i) for a Special Use Permit. Also, the development
includes one single use 2400 square foot building and no residential, childcare or school use will
occur in the building. Parking is provided at the required retail rate.
City Planner Sahlstrom stated the use of the site does not create conditions which cause a conflict,
nor which alter the intended commercial character of the surrounding area. Additionally, the scale
of the proposed commercial use fits the intent of the zoning district, and the environmentally
friendly operation of the Dry Cleaning and Laundry Facility makes it non-hazardous nor disturbing
to other uses adjacent to the site or permitted within the HOC zone. Mayfair is currently the only
dry-cleaning processing facility in Ames. Other businesses that offer dry cleaning pick-up/drop-
off service, transport items to out-of-town facilities for processing.
Based on the Findings of Fact and Conclusions, staff recommends Alternative 1: The Zoning
Board of Adjustment can approve this request for a Special Use Permit at 306 E. Lincoln Way to
allow the use of a 2400 square foot Dry Cleaning and Laundry Facility in the Highway Oriented
Commercial (HOC) zone by adopting the findings and conclusions noted in the report, and with
the following conditions:
a. Use of the building and site are for a dry cleaning and laundry facility that does not
use perchloroethylene (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.
Board Chair Schoeneman asked if there were any questions for staff.
Mr. Schneider asked what the zoning classification was for their current location. Ms. Sahlstrom
answered HOC. Mr. Schneider stated this is a better location for their business. Ms. Sahlstrom
agreed, this location will be more accessible for circulation, and it will not be a shared building
with other businesses.
Board Chair Schoeneman asked if they had plans to start construction soon. Ms. Sahlstrom said
yes.
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Board Chair Schoeneman opened the public hearing.
Board Chair Schoeneman closed the public hearing when no one came forward to speak.
Motion by Schneider seconded by Ammar to approve Alternative 1: The Zoning Board of
Adjustment can approve this request for a Special Use Permit at 306 E. Lincoln Way to allow the
use of a 2400 square foot Dry Cleaning and Laundry Facility in the Highway Oriented Commercial
(HOC) zone by adopting the findings and conclusions, and with the following conditions:
a. Use of the building and site are for a dry cleaning and laundry facility that does not use
perchloroethylene (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.
Vote on Motion: 4-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Schneider, seconded by Schoeneman, to adjourn the meeting at
6:34 p.m.
_____________________________ _____________________________
Renee Hall, Recording Secretary Amelia Schoeneman, Chair