HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 11-13-2019
MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA NOVEMBER 13, 2019
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on
November 13, 2019, in the Council Chambers of City Hall with the following members present:
Leila Ammar, Kyle Perkins, Amelia Schoeneman, Ronald Schappaugh, and Rob Bowers.
Assistant City Attorney Vikki Feilmeyer and City Planners Eloise Sahlstrom and Benjamin
Campbell were also present.
APPROVAL OF MINUTES: Moved by Perkins, seconded by Schappaugh, to approve the
Minutes of the meeting of October 23, 2019.
Vote on Motion: 4-0-1. Voting Aye: Perkins, Schoeneman, Schappaugh, Bowers. Voting Nay:
None. Voting to Abstain: Ammar. Motion declared carried.
DISCUSS FUTURE MEETINGS FOR GUEST LODGING SPECIAL USE PERMITS
City Planner Eloise Sahlstrom introduced the request, explained the types of guest lodging, and
noted the need for additional meetings.
Ms. Sahlstrom stated that guest lodging had been approved for the third reading the evening
before at the City Council meeting. She said guest lodging is the advertising, offering, or
otherwise making available use of a home or a room in a home for overnight lodging for a period
of 31 consecutive days or less in exchange for money, goods, labor, or service. Guest lodging
does not include hotels or motels, however they are subject to hotel and motel tax. Guest lodging
is commonly referred to as an “Airbnb,” one of the many online platforms used for advertising
such units. City Council spent almost two years discussing the different types of guest lodging,
and came up with six categories. To summarize, guest lodging can be an accessory use or
principal use. Accessory use is approved at the staff level, and means the home is the primary
residence of the owner or renter and the use is incidental. Principal use is when the home is being
used as a business or when an entire home is being used as guest lodging, and the owner doesn’t
live there. Also called a vacation rental, the home is available for the full year in short
increments of time. Principal use is much more intrusive to a neighborhood, and because of that
the City Council decided that this use would require a Special Use Permit.
Ms. Sahlstrom noted that Zoning Board bylaws limit the number of items on an agenda to five.
She said staff is expecting to receive around 20 applications immediately, which would take four
to six meetings to consider cases. Therefore, Planning is asking for a second meeting in January,
February, and March. Board member Schappaugh questioned from where the five agenda item
limit comes. Ms. Sahlstrom stated that the five items rule is in the bylaws of the Zoning Board.
Board member Schoeneman said that the average Special Use Permit presentation by a planner is
approximately 30 minutes, and five of those per meeting would mean a two-and-a-half-hour
meeting. She would prefer additional meetings rather than additional items being added to an
agenda.
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Moved by Bowers, seconded by Perkins, to allow an additional meeting on the fourth
Wednesday of the months of January, February, and March 2020.
Vote on Motion: 5-0. Motion declared carried unanimously.
CASE NO. 19-08
SPECIAL HOME OCCUPATION PERMIT – YASSIR OBEID, CLEAN INDEED
CARPET, 4004 ARKANSAS DRIVE
Public Hearing on application for a Special Home Occupation Permit, continued from the
September 11, 2019, October 9, 2019, and October 23, 2019 meetings, to allow carpet
cleaning, water damage mitigation, and odor removal at 4004 Arkansas Drive:
Board Member Ammar stated that this Zoning Board meeting is her first, but she reviewed the
details of the case prior to the meeting and felt knowledgeable enough to participate in the
discussion of this case.
Mr. Bowers stated that he received a call from Mr. Drew Kamp with the Chamber of Commerce
about this case and that Mr. Kamp called on behalf of the applicant. He said Mr. Kamp never
asked him how he would vote and did not ask him to vote in a specific way. Mr. Bowers didn’t
believe that their conversation would influence the way he viewed the evidence or any
information that was presented.
Ms. Schoeneman stated that the public hearing on this issue had been closed at the last meeting,
and that there would need to be a motion to open the public hearing.
Moved by Schappaugh, seconded by Perkins, to open the public hearing.
Vote on Motion: 5-0. Motion declared carried.
Ms. Ammar asked staff if the applicant needed to register vehicles with the business. Mr.
Campbell replied that there is no requirement to register vehicles for Special Home Occupation
permits.
Mr. Campbell stated that he had checked with the Fire Inspector about the chemicals Mr. Obeid
uses for his business. The Fire Inspector didn’t feel that the chemicals used for the cleaning
business posed any greater risk than what a person would normally have in their home or garage.
Mr. Schappaugh asked staff if the Special Home Occupation permit goes with the property or if
the permit ceases when the applicant moves. Mr. Campbell said that the permit would cease if
the applicant moves. Mr. Schappaugh also asked if there is a requirement for Materials Safety
Data Sheets (MSDS) to be provided to the neighboring properties. Mr. Campbell said the
applicant provided the MSDS sheets to the fire department for review, but that the applicant does
not have to provide the sheets to the neighbors.
No comments were made from the public.
Moved by Schoeneman, seconded by Perkins, to adopt ORDER NO. 19-08, thereby approving
the request for a Special Home Occupation Permit to allow carpet cleaning, water damage
mitigation, and odor removal with a maximum of two non-family member employees at 4004
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Arkansas Drive with the addition of two non-family member employees with the following
conditions:
1. There shall be no on-site operation of equipment for cleaning of customers carpets
2. The number of employees must be reduced to two
3. Loading and unloading of service vehicles may only take place in the driveway
4. Chemicals shall be secured in the garage or in work vehicles
5. The Special Home Occupation Permit shall be reviewed with a public hearing
in one year
Board Member Ammar suggested a friendly amendment to the first condition to omit the
word carpets. Ms. Schoeneman and Mr. Perkins accepted the amendment.
Therefore, the motion reads as follows:
Moved by Schoeneman, seconded by Perkins, to adopt ORDER NO. 19-08, thereby approving
the request for a Special Home Occupation Permit to allow carpet cleaning, water damage
mitigation, and odor removal with a maximum of two non-family member employees at 4004
Arkansas Drive with the following conditions:
1. There shall be no on-site operation of cleaning equipment for customers
2. The number of employees must be reduced to two
3. Loading and unloading of service vehicles may only take place in the driveway
4. Chemicals shall be secured in the garage or in work vehicles
5. The Special Home Occupation Permit shall be reviewed with a public hearing
in one year
Roll Call Vote: 4-1. Voting Aye: Ammar, Perkins, Schoeneman, Bowers. Voting Nay:
Schappaugh. Motion declared carried.
ADJOURNMENT: Moved by Schoeneman, seconded by Perkins, to adjourn the
meeting at 6:27 p.m.
_____________________________ _____________________________
Jacque Higgins, Recording Secretary Amelia Schoeneman, Chair