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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 01/11/20231 MINUTES OF THE REGULAR MEETING OF THE AMES ZONING BOARD OF ADJUSTMENT AMES, IOWA JANUARY 11, 2023 The Ames Zoning Board of Adjustment met, pursuant to law, in Regular Session at 6:00 p.m. on January 11, 2023, 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 Vikki Feilmeyer, and City Planners Justin Moore and Ray Anderson. Chad Schneider, Vice Chair serving as Chair of the meeting. Approval of Minutes; November 9, 2022: Moved by Bowers seconded by Patton to approve the minutes of the November 9, 2022, Zoning Board of Adjustment meeting. Vote on Motion: 3:0. Motion declared carried unanimously. Zenor not present at November meeting. CASE NO. 23-01 Public Hearing on a Request for a Floodplain Conditional Use Permit for 403 Hyland Avenue. Planner Justin Moore stated the application for consideration is for Hunziker Construction Services on behalf of the owner DJGH LLC, requesting a Conditional Use Permit for an alternative method of elevating a new residential multi-family housing structure in the floodway fringe overlay district at 403 Hyland Avenue. The ordinance does permit construction of homes and buildings provided the design meets the flood protection requirements in Chapter 9. The request is to elevate this three-unit multi-family structure with parking located below the living area. Each unit has three parking spaces under the unit. The northwest corner of the property overlaps into the floodway fringe. There is a required amount of fill of 18 feet out from a residential structure. The lowest floor of the structure must be built to the elevation standards, that would be Base Flood Elevation (BFE) plus 3 feet. This means the residential structure must have fill outwards to 18 feet to a height of BFE plus three. So, in the event of a flood residents would be able to walk out and be reasonably safe from flooding as they wait to be rescued. There is a small area of floodway fringe on this property. The standards come from when you are entirely in the floodway fringe. In this case, since a part of the building is in the floodway fringe the standard would apply to the perimeter of the building. It is purposed to have the building at the eight-foot setback of the property line. The request is being made for an alternative design to include an extended foundation wall. It is called an extended foundation wall with the living units above the parking. The living areas would be constructed above the BFE plus three level. The bottom floor of the living area of the proposed structure would be 12 feet above the BFE plus three. Open garage area for parking is permitted at ground level and parking can be below the BFE provided that all other floodplain standards are met. The design has provided openings in the wall in the area susceptible to flooding. This opens 2 into the garage area that is fully open on the east, thus meeing the requirement of minimizing any structural damage in case of a flood. There is a proposed elevated balcony that is BFE + 12 feet. Residents would always be able to exit the structure without being in any danger. Vehicles have access to the structure without being in the floodplain. Findings and Facts and Conclusions are in the Staff Report. They are the observations from the staff from the applicant’s engineer for the property. The Staff recommendation is for Alternative 1 to approve the Conditional Use Permit. Mr. Schneider called for questions from the Board. None. Applicant Justin Dodge, Hunziker Companies, 105 S 16th Street, was sworn in. Thanked the Staff for their time. He stated there is an overlay in this area and all the doors must face out to Oakland, there are minimum density and parking requirements that also need to be met. This design was based on the balance of those requirements. No questions from the Board. Public Comments: Marilyn Kollasch, 2817 Oakland, was sworn in. She and her spouse have lived at this property for 42 years. She stated that the legacy of the Hunzikers has been exceptional. Justin Moore, Cesar Cintron-Opio and Liz Calhoun, all called her today in response to her questions. The first issue she has is regarding the property at 509 Hyland. The properties that were demolished previously had parking lots that were gravel, and they are adding three units adjacent to each other, with parking that will now be all hard surfaced. The Clear Creek improvements that have been done have moved the water closer to their backdoor. The downspout on 509 Hyland exits to the west over top of the Hunziker property sending water into their back yard. Ms. Kollasch questioned how the water was going to be shed from all these rental properties. Hyland Avenue has been raised in the past 15 years and their backyard has had increased flooding. All the requirements for the street are being met for controlling the water in this proposed construction. The fear is that the storm sewer on Oakland wouldn’t be able to handle the influx of water. The grate currently can’t take in the water fast enough during the big storms. In their backyard the end of the drain tunnel has been corroded. Ms. Kollasch spoke with Liz Calhoun about the creek stabilization. The CIP project for Clear Creek is moving to the west of North Dakota and nothing in this area. She suggests a channel modification to take some pressure off the storm sewer. She stated that this area has some uniqueness. The area is bounded by the storm drain exit on the west which expels water from Campus Avenue, Oakland Street, and the pressure from the Clear Creek watershed. This is a confluence of the storm drain and Clear Creek. She is requesting for help for relief of the neighbor’s properties. She suggested the DNR do a study, or an underpass under Hyland or a more pervious surface. The Kollasch’s have the lowest backyard in the neighborhood. Also stated a water retention area in that NW corner seems questionable. Andy Bock, 2818 Oakland, was sworn in. He has observed in the past five years there is a lot of water coming down from Campus Avenue as well. His property used to be a swamp many years ago and it was filled in for the house to be built. He said given all the water that comes down Campus and Oakland that needs to be taken into consideration. 3 Public Forum closed. Applicant Justin Dodge came forward to address the concerns. Mr. Dodge stated that he hears their concerns, but the developer can only grade on the property that they own and not the adjacent properties. Mr. Schneider asked what the comparison of the two properties that were there previously to what is being proposed to be built. He was questioning what the approximate increase of size. Mr. Dodge stated there was a duplex and a single-family home. It is zoned RH and both were previously non-conforming for the Zone. The proposed structure meets the minimum for the RH Zone. Mr. Schneider questioned that there were previously three units on the property. Mr. Dodge couldn’t answer for certain. Ms. Kollasch shared that the house east was 2-story single family with a walk out and the east property was at least two units. Questions for Staff: Mr. Moore stated that there was a 1648 sq feet duplex but doesn’t have any information on the single-family structure as far as the footprint. He continued that this is part of a minor site development plan which is going through review separately through City Staff. This Conditional Use Permit is part of that review. This step is part of the requirement the developer must go through for the Minor Site Plan to be approved. The Public Works department Engineer Cesar Cintron- Opio and Liz Calhoun review all the storm water criteria. They are also looking at this through the site development plan process. The storm water questions get deferred to them. Tonight, is about the design of the foundation wall to allow flood conveyance at the corner of the building and the appropriate elevations. Mr. Schneider asked if there could be additional requirements for the flood way. Mr. Moore stated he is not the planner on that side of things, and it is still in process with the developer. Mr. Moore stated he is looking at the flood plain standards and the protections as it concerns the design of this project. Mr. Schneider questioned the square footage of the proposed structure. He stated this doesn’t negate any other steps to address watershed but want to see the comparison. Mr. Moore stated the new structure is 4100 sq ft, approximately 1/3 bigger. Board Discussion: None 1. Moved by Zenor to approve Alternative 1 The Zoning Board of Adjustment can approve the Conditional Use Permit to Allow the Alternative Method of Elevation for the construction of the multi-family housing at 403 Hyland Avenue as shown on the site plan and elevations based upon the findings and conclusions of staff. Seconded by Bowers. Mr. Schneider stated he appreciates the water concern and can be addressed about how the water flows off the building. The overall issue is the creek and is beyond the Board’s scope. Can be addressed and doesn’t feel the size of the building is significant enough but the flow off the building is to be addressed in a different place. Roll Call: Schneider, aye; Patton, aye; Bowers, aye; Zenor, aye Vote on Motion: 4:0. Motion declared carried unanimously. 4 CASE NO. 23-02 Public Hearing on a Request for a One-Year Extension of the Special Use Permit to Allow a Temporary Yard Waste Processing Facility at 220 and 400 Freel Drive in the General Industrial (GI) Zone a. Planner Ray Anderson stated that 400 Freel Dr is the yard Waste Site and 220 Freel Dr can be utilized during heavy times such as during the free drop off days. They received approval from this Board on April 27 with conditions. It was approved for one year from May 1, 2022, through May 1, 2023. A letter was received from Doug Maccrea representing Green RU, LLC and would like a one-year extension through May 1, 2024. None of the findings have changed since April. After that extension they would need to apply for a new Special Use Permit. The recommendation of the Staff is for approval of the one-year extension with a condition. No further extensions of the approved Special Use Permit shall be granted by the Zoning Board of Adjustment. A new application for a Special Use Permit shall be required for use of the site as a yard waste facility after May 1, 2024. If they would like to continue using that site, they would have to reapply at that time. Applicant Lillian Chamness, 310 SW 11th St Des Moines, Iowa, was sworn in. She is the daughter of the owner of Chamness Technology doing business as Green R U, LLC. Questions last year were about grinding and hauling it away. All of that has been done. Mr. Schneider stated that there are DNR requirements and those appear to have been met. Public Forum closed. Board Discussion: None Bowers moved for Alternative 1: The Zoning Board of Adjustment can approve a one-year extension of the Special Use Permit to allow a temporary yard waste processing facility at 400 and 220 Freel Drive, based on the findings of fact and conclusions stated herein, with the following conditions: Seconded Zenor. a. General operations on weekdays and weekends as described within the application and up to five large event days. b. Use of the site shall be consistent with the plan submitted as part of the Special Use Permit approved on April 27, 2022. c. The term of the use shall begin on May 1, 2023 and may continue for one year through May 1, 2024. All yard waste material, equipment, and temporary structures shall be removed from the site and the site restored to its current or better condition within 60 days of the end of the permit. 5 d. No further extensions of the approved Special Use Permit shall be granted by the Zoning Board of Adjustment. A new application for a Special Use Permit shall be required for use of the site as a yard waste facility after May 1, 2024. Roll Call: Schneider, aye; Patton, aye; Bowers, aye; Zenor, aye Vote on Motion: _Motion declared carried unanimously ADJOURNMENT: Moved by Schneider seconded by Bowers to adjourn the meeting at 6:49 p.m. Vote on Motion: 4-0. Motion declared carried unanimously. _____________________________ _____________________________ Natalie Rekemeyer, Recording Secretary Chad Schneider, Acting Chair