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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 2-14-2018MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA FEBRUARY 14, 2018 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 4:00 p.m. on February 14, 2018, in the Council Chambers of City Hall with the following members present: Amelia Schoeneman, Kyle Perkins, Shelby Ebel, Matthew Koehler, and Susan Bradbury. Assistant City Attorney Victoria Feilmeyer and City Planner Justin Moore were also present. APPROVAL OF MINUTES: Moved by Bradbury, seconded by Perkins, to approve the minutes of the meeting of January 10, 2018. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 17-24 SPECIAL HOME OCCUPATION PERMIT – Robert & Emily Howell, Public Hearing on application for a Special Home Occupation Per mit to allow a Bed & Breakfast on the property located at 107 South Riverside Drive City Planner Justin Moore displayed a location map for the request. Robert and Emily Howell are owners and residents of the single-family home located at 107 South Riverside Drive. The home is approximately 2,148 square feet and is located in the Urban Core Residential Medium Density (UCRM) District, which allows for a maximum of five guest rooms for bed and breakfast establishments with approval of a Special Home Occupation Permit. The owner plans to provide three guest rooms for lodging, and also states that only 20% of the home consisting of 436 square feet will be used for the bed and breakfast. As part of the proposed plan, the property owner will create a paved parking area on the south side of the property. Three parking spaces will be available for the guests and one will be available for the owner. The parking area is separated from the neighbor to the south by a six - foot tall wood fence. Only those who are registered guests of the bed and breakfast will be allowed to park at the location. According to the applicant, guests of the bed and breakfast will be required to register upon their arrival at the location and provide the following information: name, current address, and license plate number. The register will be kept on-site and will be available for inspection upon one day’s notice. The length of stay of any guest will not exceed two weeks from the time of registry. The applicant states that they are aware that the Special Home Occupation Permit is not transferable to subsequent owners or to another property, and are also aware that the establishment must comply with all local and state regulations. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Mr. Moore. It was said that there will be no regular delivery vehicles or other service traffic associated with the proposed business aside from occasional cleaning staff, no signs for the business will be posted, no other home occupations will be at the residence, and no physical changes will be made to the single-family home. Breakfast will be the only meal served, and the service will occur before 11:00 a.m. Bed & Breakfasts, which are a permitted accessory use in the UCRM zone, are required to provide parking at a rate of one space per guest room along with one for the homeowner. The existing site does not have established conforming parking to meet these standards, and therefore, must be improved. The applicant has stated a paved driveway and parking area for guests will be added to the site increasing impervious surface area. Paved driveways and paved parking areas are allowed in single-family residential zones provided the parking is not in the front yard and the property has a minimum of 60% open space. The proposed parking stalls are in conformance with UCRM zone standards and site development standards for single-family homes, and are not found to alter the residential character of the neighborhood due to the proposed location on the site. Mr. Moore reminded the Board that an updated application was sent out late to accurately list the number of bedrooms and parking spaces that would be used. He also stated that a few phone calls were received requesting more information on the case, but no letters of concern were submitted from surrounding property owners. Robert Howell, 107 S. Riverside Drive, Ames, Iowa, was sworn in and testified under oath. He stated that he and his wife enjoy hosting guests, so they wanted to give this occupation a try. He answered the Board’s question about the type of material for the proposed pavement, and stated it would match the concrete pavement that is currently there. Mr. Howell confirmed that only three bedrooms located on the second floor will be used for guests. Additional parking would be needed if more bedrooms were to be used, and he has no intention of paving more space than what is required for the three guest bedrooms. Mr. Koehler expressed concerned that more than the three allowed bedrooms would be used. Moved by Bradbury, seconded by Koehler, to approve ORDER NO. 17-24, thereby approving the request for a Special Home Occupation Permit to allow a bed and breakfast as proposed by the applicant at 107 South Riverside Drive, subject to the following conditions: a. The bed and breakfast is limited to three guest rooms. b. That the existing gravel driveway and maneuvering area be paved no later than August 1, 2018. c. The homeowner must be present during the occupancy of bed and breakfast bedrooms by guests. d. Maximum occupancy bed and breakfast is limited to two adults per guest room. Roll Call Vote: 5-0. Motion declared carried unanimously. CASE NO. 18-01 SPECIAL HOME OCCUPATION PERMIT – Kimberly Vanous, Public Hearing on application for a Special Home Occupation Permit to allow an animal rescue facility on the property located at 2516 White Oak Drive City Planner Justin Moore displayed a location map for the request. Kimberly Vanous is requesting approval of a Special Home Occupation Permit to allow a tortoise rescue facility in the home at 2516 White Oak Drive. The business would be located in the basement of the split level home, and would occupy a total of 213 square feet of the 3,191 square feet of floor area in the house (including basement area). The purpose is to rescue, rehabilitate and foster unwanted tortoises, adopt them to new owners off-site, and provide education on proper care off-site. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Mr. Moore. It was said that there will not be any modifications or signs added to the home for the proposed business, nor any deliveries. The applicant has stated that there will be no clients visiting the business as the home will be kept private, and those surrendering or adopting are met in a neutral location elsewhere. There will be no employees other than residents of the home, no designated hours of operation as it will not be open to the public, and no other home occupations will be at the residence. The facility is also deemed not to be an “animal hospital,” which is prohibited as a home occupation, as the tortoises coming to this facility are not arriving to receive medical care. There will be no noise or odors as a result of the presence of the tortoises due to their location in the basement of the home. Mr. Moore stated that a few phone calls were received requesting more information on the case, but no letters of concern were submitted from surrounding property owners. Kimberly Vanous, 2516 White Oak Drive, Ames, Iowa, was sworn in and testified under oath. She stated that most of the rules and regulations do not apply in this case since she desires the home occupation remain private. Ms. Vanous does not want unannounced visitors or unexpected drop-offs. The business is a 501(c)3 non-profit organization and licensed as an animal welfare facility. Ms. Vanous said inspections are conducted by the State of Iowa, and 14 tortoises are currently cared for. If cages are shared, she could accommodate 15-20 tortoises, but has no intention of doing so at this time. Ms. Bradbury asked Ms. Vanous if she spoke with surrounding property owners. Ms. Vanous stated that she did, and said most were curious if the animal rescue involved dogs. The surrounding neighbors were unaware of the tortoises and expressed no concerns. Mr. Koehler asked about the turnover rate for adopting the tortoises. Ms. Vanous stated that she is very picky and wants to ensure all tortoises go to a good home, so it is rather slow , but is hopeful it will improve. Moved by Koehler, seconded by Perkins, to approve ORDER NO. 18-01, thereby approving the request for a Special Home Occupation Permit to allow an office for a Tortoise Rescue Facility at 2516 White Oak Drive. Roll Call Vote: 5-0. Motion declared carried unanimously. CASE NO. 18-02 VARIANCE – Dana Thomann, Public Hearing on application for a Variance to the commercial parking standards to allow less than the required number of commercial parking stalls on the property located at 233 Washington Avenue City Planner Justin Moore displayed a location map for the request. The owner of 233 Washington Avenue has applied for a Variance to allow for a reduction in the number of required parking spaces in order for the home to be converted to a commercial office use. The Variance is for an office use to provide two or three parking spaces on-site rather than the five required parking spaces. The property owner can accommodate two parking spaces on-site in the current configuration of the property. A third space could be added by removing a detached garage and adding a third parking space with approval of stacked parking. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Mr. Moore. The reasoning for this request is that the owner intends to sell the property and asserts that it is difficult to sell this property for its current residential use. The potential buyer is interested in the property for a commercial office use, which is an allowable use within the South Lincoln Mixed-Use District. The gross area of the structure is 1,361 square feet with approximately 825 square feet on the ground floor, and the intent is to convert the whole home to an office use. The required parking is one space for every 300 square feet of office space, and is calculated as 4.5 parking spaces, which rounds up to 5 parking spaces. Two existing parking stalls are located on the west side of the home accessed from South 3rd Street. It is not physically possible to add three additional stalls to the west side of the home due to the dimensions of the property and location of the existing home. It is also not possible to add three additional stalls in the front of the home along Washington Avenue or South 3rd Street as parking is not allowed in the front yard. The Board previously denied a Variance to construct parking in the front yard. The subject property is a non-conforming 5,280 square foot parcel, where the zoning district minimum is 6,000 square feet. The house is situated with the front door facing Washington Avenue, and is setback from the front property line approximately 25 feet. The proposed Variance is to locate a minimum of two 19-foot deep parking stalls west of the building where current parking for the home exists. A third parking stall could be added on the west side of the property with removal of the accessory building and approval of stacked (tandem) parking. It has been indicated that the proposed use would be a small leasing office for rental properties, and the residential appearance of the existing home would be maintained. Visits to the site would be short and infrequent and the reduced parking would not affect traffic patterns or on -street parking in the area of the home. The proposed commercial use of the site is seen as a low intensity use and is compatible with commercial and residential uses already allowed in the South Lincoln Mixed-Use District. Expenses incurred over the past three years relating to property improvements were discussed. A substantial amount of these costs are related to general upkeep and repairs to the property with some costs associated with preparing the property for registration as a rental unit. The property is currently not a registered rental and additional investment is needed to meet the City’s rental ordinance standards. If met, the asking price would cover the majority of the expenses incurred over the few years. Mr. Moore confirmed that the Variance would remain with the property if approved. In response, the Board expressed concerns that future commercial uses of the property would generate more traffic, thus changing the character of the neighborhood. Ms. Bradbury stated that other issues could arise if visitors to the site park on-street and too close to the corner. The Board agreed that without a to-scale site plan depicting the layout of the proposed parking, the request is difficult to approve. The applicant would need to apply for a Special Use Permit for stacked parking, and a Minor Site Plan would be needed to ensure landscaping standards are met. They questioned if three parking spaces with landscaping could be accommodated on the site. The Board felt Staff was generous with the criteria that was said to be met, and believes the property could be sold for what the applicant had paid. Because the applicant was not present at the hearing, and there was no indication that they would be late, Ms. Feilmeyer reminded the Board that they may deny the request. Ms. Schoeneman asked how many similar mixed-use districts were located in Ames. Mr. Moore stated there are a few others, but the South Lincoln Mixed-Use District was developed for this specific area, and the zoning standards for the district were developed so the neighborhood could maintain its character both in terms of the design of structures and for the general site improvements of property. Ms. Schoeneman stated that if the criterion regarding public interest is found to be met, not only would problems be created for future uses of the property, but also for the neighborhood. The character of the neighborhood would be changing if other non-conforming lots and residential homes request to do the same. Ms. Bradbury said granting of the Variance might solve an issue for one person, but it would cause additional issues for the property and neighborhood as a whole. Moved by Bradbury, seconded by Perkins, to deny ORDER NO. 18-02, thereby denying the request for a Variance for 233 Washington Avenue to reduce the required commercial parking spaces. Roll Call Vote: 5-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Perkins, seconded by Ebel, to adjourn the meeting at 5:01 p.m. _____________________________ _____________________________ Heidi Petersen, Recording Secretary Shelby Ebel, Chair