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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 05/11/20221 MINUTES OF THE REGULAR MEETING OF THE AMES ZONING BOARD OF ADJUSTMENT AMES, IOWA MAY 11, 2022 The Ames Zoning Board of Adjustment met, pursuant to law, in Regular Session at 6:00 p.m. on May 11, 2022, in the Council Chambers of City Hall. The following members were present: Rob Bowers, Leah Patton, Chad Schneider, and Michael Zenor. Leila Ammar was absent. Also present were Assistant City Attorney Victoria Feilmeyer, City Planner Benjamin Campbell, and City Planner Julie Gould. Approval of Minutes: Moved by Bowers, second by Zenor to approve the minutes of the April 27, 2022, Zoning Board of Adjustment meeting. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 22-05 Public Hearing on a Special Home Occupation Permit to allow a Massage Practice at 1509 Grand Avenue. City Planner Campbell presented Case Number 22-05 to the Board and noted that Li Huang submitted an application requesting approval of a Special Home Occupation to allow for a Massage Practice at her home. Mr. Campbell said the application indicated that the home occupation falls within the maximum area permitted for such occupation, meets the parking and customer visit allowances of the code, will be limited to typical business hours, and will be by appointment only. Due to the nature of the practice as described in the application, it can be concluded that the proposed use will not alter the normal residential character of the area. The applicant does have the required State licensing for a Massage Practice. City staff concluded that the applicant meets all requirements and recommended approval. Approval of the application would allow the applicant to proceed with a Massage Practice at 1509 Grand Avenue subject to the home occupation being operated as described. Vice Chair Schneider asked if there were any questions for staff. Vice Chair Schneider opened the Public Hearing. Shu Huang, 2109 Coneflower Court, Ames, was sworn in and testified under oath. Ms. Huang, the applicant’s sister-in-law, was there to translate any questions the Board had for the applicant. There were no questions. As no one else came forward to speak, Vice Chair Schneider closed the Public Hearing. Moved by Zenor, seconded by Bowers, to approve Alternative 1: The Zoning Board of Adjustment can approve this request to allow a massage practice as a Special Home Occupation at 1509 Grand Avenue by adopting the findings and conclusions noted above with different stipulations. The 2 proposed massage practice will not exceed the allowed ten visits per day based upon the applicant’s statements. The space used for the practice will occupy less than the maximum allowed 25% of the total floor area of the residence. Due to the nature of the practice as described in the application, it can be concluded that the proposed use will not alter the normal residential character of the area. Vote on Motion: 4-0. Motion declared carried unanimously CASE NO. 21-14 extended from December 8, 2021 Public Hearing on a request for an extension to reestablish a non-conforming use until October 26, 2022, in order to complete necessary work needed to continue a residential non- conforming use in the Highway Oriented Commercial District at 520 E. Lincoln Way. City Planner Julie Gould presented Case Number 21-14 regarding the extension at 520 E. Lincoln Way. Ms. Gould provided background to the Board since new Board members were appointed since the original extension was granted. Ms. Gould stated Evan Brown, owner of 520 E. Lincoln Way and representative for P&B Group, has owned the property since 2014 and used it as a rental property without a rental Letter of Compliance ( LOC) or as a personal residence during their tenure as owners. The applicant first contacted the City’s Inspections Division in July of 2021 regarding the rental registration process. The Planning Division became involved in the LOC process as the property was zoned Highway Oriented Commercial (HOC) and residential uses are not permitted. Additionally, there was no record of this property being licensed as a rental since 2016. At the time of the initial rental inspection, it was found that work had been done to the interior units that had not received the required permits. The property has been zoned HOC since 2000 and has had various Commercial Zoning District designations back to 1956, at least. Under the current Zoning Ordinance, the property is determined to be a legal non-conforming use as it was legally established as a residential use prior to the City changing the zoning for the property (Nonconformities- Section 29.307 of the Ames Zoning Ordinance). City staff stated support of the extension until October 26, 2022, because the applicant has made a good faith effort in keeping the City informed on progress. Ms. Gould stated the applicant has put the property on the market and accepted an offer. Ms. Gould has been in contact with the buyer and the buyer is willing to take on these responsibilities and expectations. Both parties were present at the meeting to answer potential questions. Vice Chair Schneider asked if there were any questions for staff. Vice Chair Schneider opened the Public Hearing and asked if the applicant wished to speak. Evan Brown, 520 E Lincoln Way, Ames, was sworn in and testified under oath. Mr. Brown stated his current contractor informed him in mid-January 2022 that they could not complete the work. He has hired a new contractor but after discussing with his business partner they decided to list the property. He stated that the buyer is present. 3 Blake Davidson, 6961 Brandywine Drive, Johnston, was sworn in and testified under oath. He submitted four documents to the Board. He stated that the sale agreement is between P&B LLC and Mr. Davidson’s father Brian Davidson. Mr. Davidson referenced a Power of Attorney that authorizes him to speak on behalf of his father. He also referenced a contract purchase agreement between his father and himself stating he is buying the property as is. He stated that it is set up this way because financially, the seller wanted to be clear of the property and getting conventional financing with the contingencies the City has placed on the property would make it difficult to secure a loan. He referenced the Statement of Acknowledgement that listed all the issues that needed to be addressed to become compliant with the City’s Inspections Division and Planning and Housing Department. He noted that he has every intention of completing the necessary work and using the home has his permanent residence, but all work will be subject to the ability to find contractors and supplies to full fill the requirements. As not one else came forward to speak, Vice Chair Schneider closed the Public Hearing. Moved by Patton, seconded by Zenor, to approve Alternative 1: The Zoning Board of Adjustment may approve this request to allow an extension until October 26, 2022, for the property owner (current or future) to have the 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. ADJOURNMENT: Moved by Bowers, seconded by Zenor, to adjourn the meeting at 6:18 p.m. _____________________________ _____________________________ Renee Hall, Recording Secretary Chad Schneider, Vice Chair