HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 6-28-2017MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA JUNE 28, 2017
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:04 p.m. on
June 28, 2017, in the Council Chambers of City Hall with the following members present:
Amelia Schoeneman, Kyle Perkins, Shelby Ebel, and Matthew Koehler. Board Member Susan
Bradbury was absent. Interim City Attorney Mark Lambert, City Planner Ray Anderson, and
City Planner Justin Moore were also present.
APPROVAL OF MINUTES: Moved by Perkins, seconded by Schoeneman, to approve the
minutes of the meeting of June 14, 2017.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 17-03
SPECIAL USE PERMIT – United Pentecostal Church of Ames, Public Hearing on
application for a Special Use Permit to allow a building addition and additional parking
spaces on the property located at 3505 S. Duff Avenue (Continued from June 14, 2017)
City Planner Justin Moore displayed a site plan for the project. United Pentecostal Church of
Ames, located at 3505 South Duff Avenue in a Highway-Oriented Commercial (HOC) zoning
district, proposes to expand their church with a 2,024 square-foot addition to the existing 4,127
square-foot church building and add 30 additional parking stalls. The church is located on a
131,975 square-foot lot situated amid residentially and agriculturally zoned property on three
sides ranging from low to high density residential. Government/Airport District zoning also
exists to the west of the site for the Ames Municipal Airport. There is no proposed change to the
capacity of the sanctuary, which is 160.
The subject parcel was created by deed shortly after annexation in the 1970s. A Plat of Survey
was completed and approved by the Ames City Council in April 2017. The property was rezoned
from Agricultural zoning to Highway-Oriented Commercial zoning by the Ames City Council on
June 13. Section 29.804(2) of the Highway-Oriented Commercial zoning regulations require that
a Religious Institution obtain a Special Use Permit issued by the Zoning Board of Adjustment for
such a use or expansion of use.
The proposed addition consists of an entry way space, a new office, a new meeting room and
new restroom facilities. The façade of the new addition is proposed to be a brick style façade in
conjunction with the existing façade of the church. The addition is 15 feet 7 inches at the parapet,
which falls within the standards of the HOC zone. The existing steeple on the church is being
removed and a new steeple being placed onto the roof of the new addition. The applicant has not
provided the height and square footage of the steeple. Per zoning regulations in Section
29.401(4)(b), steeples must be less than 200 square feet in area and not exceed the building
height limit by more than one and one half times or 75 feet and must not obstruct regulated
airport airspace. Verification is required prior to an issuance of a building permit.
The main entrance to the facility is located on the east side of the building and a secondary
entrance is located on the west side of the building. There are proposed accessible parking stalls
and striped accessible loading areas with a designated walkway to the immediate north and east
of the building as well as to the rear of the building to provide ADA access. There is 9,682
square-feet of new impervious surface being created from the building addition, the creation of
the additional parking stalls, as well as two small areas of drive aisle widening.
The parking lot currently consists of 22 parking stalls. Of the new stalls being provided, 20 new
stalls will be provided in the front of the building with an additional 10 new stalls created in the
rear of the building. The parking plan includes three required ADA parking stalls. L3
landscaping is required along the abutting north residential zoned side of the lot in the setback as
required by the HOC base zoning. This screening is required along the area where new parking
stalls are being constructed. The L3 landscape standard is a high level screen at a continuous 6-
foot height located 6 feet on center with trees located every 50 lineal feet. The L1 standard
screen is provided between the parking lot and South Duff Avenue. The L1 screen is a mixture of
low shrubs with a tree every 50 lineal feet. The L1 standard is designed for areas 10 feet in width
or greater. New landscaping is also being planted along the north and south sides of the existing
parking in front of the church. While landscaping is not required in these areas, the plants and
trees are being provided to replace existing established shrubs and three trees being removed.
The additional landscaping being provided includes four additional trees beyond the required L1
and L3 required trees. Also, two existing columnar evergreen trees are being retained in the front
between the newly proposed parking lot and South Duff Avenue just to the north of the drive
aisle.
There is a neighboring lot adjacent to the rear of the site that uses the church parking lot to
access the property. There is an access easement being secured that allows access to the abutting
property, and a condition has been proposed that the easement be secured prior to issuance of a
building permit.
The site plan, project description, applicable law, and Findings of Fact and Conclusions were
reviewed in detail by Mr. Moore. It was said that the proposed use and layout of the site is
consistent with the goals of Highway-Oriented Commercial facilities integrating into
surrounding residential areas, all public facilities are available to serve the site, the use will not
create additional requirements at public cost, and the church and its proposed addit ion will not
produce excessive smoke, fumes, glare or odors and will operate in a manner typical of religious
institutions.
While the addition to the church building adds to its size in an existing neighborhood, the
presence of the structure and use does not create conditions which cause a conflict with the
surrounding neighborhood or alter the intended character of the surrounding neighborhood due to
its small scale and setback location on the property. The volume of traffic into and out of the site
is manageable with the proposed access and will keep traffic on the existing arterial street
without affecting other local streets. The use will not conflict with airport operations or cause a
hazard to the air space around the airport, and the final height of the steeple placement will be
verified to comply with FAA height limits.
The proposed development does not result in the loss of commercial land as the site is already
developed and used for a church. The site was recently rezoned from Agriculture to HOC to
support the proposed addition, and the site is not within a high volume commercial corridor that
displaces vital commercial retail opportunities for the community.
It was said that no comments or concerns had been received from surrounding property owners.
Mr. Moore clarified that there were two errors in the staff report. He mentioned the use does not
conflict with the airport, and it will not be a restaurant.
Moved by Koehler, seconded by Perkins, to approve ORDER NO. 17-03, thereby approving the
request for a Special Use Permit to allow a building addition and additional parking spaces on
the property located at 3505 S. Duff Avenue by adopting the findings and conclusions noted
above with the following conditions:
A. That the steeple structure as proposed on the roof of the new addition be shown to
comply with the standards set forth in Section 29.401(4)(b) prior to issuance of a building
permit.
B. That an access easement to the abutting property to the south with access via the United
Pentecostal Church of Ames propert y be secured and recorded with the Story County
recorder prior to issuance of a building permit.
Roll Call Vote: 4-0. Motion declared carried unanimously.
CASE NO. 17-11
SPECIAL USE PERMIT – Angstrom Land Company LLC, Public Hearing on application
for Special Use Permit for Enlargement of a Nonconforming Use at 827 Northwestern
Avenue
City Planner Ray Anderson displayed a site plan for the project. The applicant, Chris Nelson, is
requesting a Special Use Permit to allow “Enlargement of a Nonconforming Use in a Residential
Zone” on the property located at 827 Northwestern Avenue. The subject site is a nonconforming
lot with a nonconforming structure with a single residential unit and a nonconforming
commercial use. The building has been vacant for approximately two years.
A Special Use Permit is required since it is enlarging the amount of floor area that may be
occupied by a commercial use, and the commercial use is a nonconforming use in the Urban
Core Residential Medium Density (UCRM) zone. Granting of the request, through approval of
the Special Use Permit, would allow enlargement of the commercial space in the building at 827
Northwestern Avenue by converting 195 square feet of existing floor area that is reside ntial to a
nonconforming commercial use. A new commercial use may occupy the building, provided it
falls within the zoning use category of retail sales and services. Use of the building, divided as it
is, between a permitted single-family residential use and a nonconforming commercial use would
be allowed to continue without a Special Use Permit.
The building is a single-story structure with a basement. The ground level includes 1,050 square
feet of total floor area, of which 195 square feet has been used as residential and 855 square feet
was occupied by a commercial use. The basement includes approximately 638 square feet and
has been used exclusively as storage for the commercial business. The applicant plans to lease
the building to a commercial tenant in the use category of retail sales and service, which is the
same use category as the previous commercial businesses that occupied the building.
The building on the property at 827 Northwestern Avenue was originally constructed in 1915,
and occupied by Northwestern Grocery until 1963. Kelley’s TV was the next occupant of the
building, and operated a television repair shop until 2015. The owner of Kelley’s TV lived in a
small area of the southwest corner of the building during an undetermined number of years. Once
Kelley’s TV repair business was no longer active in 2015, and the residential portion of the
building was also vacant, utility services were disconnected. The building sat vacant for 12-14
months prior to purchase by the current owner. During that time period, the building fell into
disrepair, as numerous holes formed in the roof of the structure. Angstrom Land Company LLC,
Chris Nelson, purchased the property in December 2016, and began the work of stabilizing the
building. The property had been neglected for several years prior to purchase by the current
property owner. A new roof was installed in January 2017, and structural repairs were completed
in February, March, and April 2017. Clean up of the property has been another high priority as
non-functioning vehicles, and other items were removed by the new property owner.
Zoning history of the subject property, dating back to 1956, shows the property as commercial,
which was later rezoned to multiple-family, then to low-density residential, and is presently
zoned to allow a mix of single-family and multiple-family uses.
There are no parking spaces on the site, and no evidence has been provided of parking spaces on
the property since it was first developed in 1915. Off-street parking would be required by current
standards, if the building were being constructed today. Therefore, since there is no parking on
the site, the site is nonconforming in terms of off-street parking requirements. Given the building
size and configuration on the lot, relative to the lot dimensions, there is not adequate space to
provide parking for even one vehicle.
Vehicles have parked on the site north of the building; however, this area of the site does not
have a paved surface, and the minimum required dimensions for parking spaces and drive aisles
could not be met if the surface was to be paved with concrete or asphalt. Parking for multiple
vehicles off-street would require encroachment of the vehicles onto the adjacent railroad right-
of-way. On-street parking is available on one side of streets in the general vicinity including the
west side of Northwestern Avenue and the south side of Ninth Street. Compliance with zoning
standards for the number and dimensions of parking spaces and drive aisles is not possible given
the size of the land area available on the site for parking.
The current minimum required parking for the 1,493 square feet of commercial business, in t he
category of retail sales and services, is five spaces, based upon a parking standard of one space
for every 300 square feet of gross floor area. The minimum parking required for the small living
area is two spaces. The total minimum number of parking spaces required by current zoning
standards for the television repair shop and the residence is seven spaces.
Conversion of the 195 square-foot living area to a commercial use in the retail sales and services
category would require one parking space, based upon a parking standard of one space for every
300 square feet of gross floor area. In accordance with current parking standards, the total
number of parking spaces required for use of the entire building as retail sales and services is six
spaces, which is a reduction of one required parking space from the mixed use of residence and
commercial. Additional off-street parking is required if the new commercial use generates the
need for an increase of 10 percent, or more, in the number of required parking spaces. Since the
applicant’s proposal actually reduces the number of parking spaces required for the use, no
additional off-street parking is required by the proposed enlargement of the nonconforming use.
The site plan, project description, applicable law, and Findings of Fact and Conclusions were
reviewed in detail by Mr. Anderson. It was said that the specific tenant of the building is
unknown, but the range of uses permitted within the retail sales and services category are not
high volume activity uses when considering the unique location and scale of the this site.
Restaurants, bars, entertainment uses, etc., that may have a high volume of customers throughout
the day and at peak times are not permitted by this request. Presence of parking and sidewalks
adjacent to the site do support the use of the site with small-scale commercial uses even though
no on-site parking exists. Parking enforcement may be necessary to ensure future compliance
with parking requirements.
Mr. Anderson informed the Board that a letter/petition has been received expressing concern
about a commercial use on the property, and suggestion of conditions if the use is approved to
mitigate its effects on the neighborhood.
Mr. Anderson stated that based upon the Findings of Fact and Conclusions, it is the
recommendation of the Department of Planning and Housing that the Zoning Board of
Adjustment approve the request for a Special Use Permit to allow enlargement of a
nonconforming commercial use in a residential zone, at 827 Northwestern Avenue, with the
following conditions:
A. All commercial use must be operated in a manner that is compatible with the
surroundings and not create a nuisance to the surroundings.
B. Open hours for business shall be limited to the hours of 8:00 a.m. to 6:00 p.m.,
Monday through Saturday, with no evening or Sunday hours open for business.
C. Off-street parking on the site that does not meet the minimum zoning standards
for dimensions and surfacing shall not be permitted. The area of the site
previously used for parking on-site shall be maintained as a landscaped area
covered with vegetative ground cover.
Chris Nelson, 239 S. Bell Ave., Ames, Iowa, was sworn in and testified under oath. Mr. Nelson
supplied a modified list of potential uses, and explained his interest in the building. He purchased
the building in December, and since then, major structural repairs have been done. Mr. Nelson
explained his intent is to create an asset to the neighborhood, and he is not considering the use to
involve the sale of alcohol, tobacco, firearms, auto supplies, or anything that would bring a lot of
traffic to the area.
Mr. Nelson mentioned that the apartment had fallen into great disrepair, with a non-compliant
bathroom and an inadequate kitchen. He stated that using the apartment as residential is
problematic. He expressed his concern about the hours of operation that had been suggested from
staff, and instead proposed the hours of 8:00 a.m. to 8:00 p.m., Monday through Friday. He
understands there might be concerns with that suggestion, and mentioned that depending on the
determined use, they may have to request an amendment to the hours in the future.
Mr. Nelson explained that the reason he was applying for the SUP at this time has to do with the
building permit. He would like to finish insulation and dry-wall, but cannot do so in the
residential portion of the structure due to the fact that he cannot submit a code-complaint
residential plan.
Mr. Nelson asked if the SUP is granted, would the conditions apply to the whole property or only
the residential portion, and if it was decided to go back to a residential use, would the conditions
still be valid. Mr. Lambert stated the SUP would apply to the whole property. The SUP is
specific to this situation, and if the use changed in the future, those requirements would not be
applicable to a residential use.
Mark Woolley, 921 Ninth Street #205, Ames, Iowa, was sworn in and testified under oath. Mr.
Woolley stated he was a resident of The Roosevelt, and although he does appreciate the work
that has been done to approve the appearance of the subject property, there are some concerns.
He mentioned that the property has been vacant and not a commercial use since 2015, and
believes that most of the permitted commercial uses will generate a lot of traffic in an already
busy intersection. Mr. Woolley expressed that traffic and parking are major concerns. He stated
that The Roosevelt has a private parking lot; however, the public still uses their lot when
attending concerts and other activities in the neighborhood. The residents of The Roosevelt do
not appreciate their private parking lot being used by non-residents, and would like the City to
consider removing the “no parking” zone, which was once used for the school, to create
additional on-street parking. Mr. Woolley also suggested that there be a review period for the
future business, and if criteria is not met, they would receive a violation of the Special Use
Permit.
Ms. Ebel asked if The Roosevelt has ever considered becoming a gated community. Mr. Woolley
stated that signs were posted as notice of the private parking lot. Since parking is still a concern,
they are considering what the cost would be to gate the community, especially the parking lot.
He said it would keep non-residents out; however, it would create a challenge for deliveries.
Julie Rursch, 906 Ridgewood Avenue, Ames, Iowa, was sworn in and testified under oath. She
stated that she was not interested in the proposed hours of 8:00 a.m. to 8:00 p.m., and was
concerned about the six required parking spaces. Ms. Rursch does not want vehicles to be parked
outside of her house, which is in a “no parking” zone. She mentioned that she has been bl ocked
in before by illegally parked vehicles, and was concerned as to where the six required parking
spaces would be located. She asked how many of those spaces would be needed for employees,
and how many would be left for customers.
Mr. Anderson answered her question by stating that the required parking spaces would have to
be on the property, if this were newly constructed. Since it is currently a legal non-conforming
use, they are not required to have any on-site. Employees could use on-street parking since it is
available to the public.
Mr. Nelson responded to the parking concern. He said he has no issue to aggressively
communicate about not parking at The Roosevelt. He clarified that even though it is a
requirement to have six parking spaces, there might not be a need for six. He mentioned there
will most likely not be six cars present at a time with the potential uses he is considering. He
restated his opinion on the hours of operation. Mr. Nelson does not want to see hours
permanently attached to something that has not been decided on yet. He would like to wait on
that condition, and will take into consideration the input from surrounding neighbors.
Ms. Ebel asked if some additional permitted uses could be eliminated. Mr. Nelson agreed to
eliminate veterinary offices and animal grooming salons.
Mr. Anderson added that currently, Mr. Nelson can use the commercial portion of the structure
for any of the permitted uses, so it makes it difficult to restrict the uses with the Special Use
Permit.
Ms. Ebel asked if another condition could be made which would limit the uses to those presented
on the updated list provided by the applicant. Mr. Lambert replied by saying that would not be a
valid restriction since all uses listed in the Code are currently allowed.
Mr. Koehler asked if the SUP is granted, and the applicant decides not to expand, would the SUP
and conditions become invalid. Mr. Lambert stated that sometimes applicants get a Special Use
Permit and end up not using it. It was said that the timeline is five years for a SUP.
Mr. Anderson stated that the modification process to amend the hours of operation included in
the conditions of the SUP would be to file for an amendment and meet with the Zoning Board
again.
Ms. Ebel agreed that the yellow curbs signifying a “no parking” zone near The Roosevelt should
be addressed since they are no longer in use. She also expressed her concerns with the possibility
of a future business remaining open until 8:00 p.m. since the use has not been determined yet.
Mr. Nelson stated he understood, and mentioned if the case had to be discussed with the Board in
the future to amend the hours of operation, it would take another six weeks to process. The case
would have to be published and reviewed again which might cause an issue for the tenant. Mr.
Koehler stated he was fine with the hours being from 8:00 a.m. to 8:00 p.m.
Moved by Schoeneman, seconded by Ebel, to approve ORDER NO. 17-11, thereby approving
the request for a Special Use Permit for Enlargement of a Nonconforming Use at 827
Northwestern Avenue with the following conditions:
A. All commercial use must be operated in a manner that is compatible with the
surroundings and not create a nuisance to the surroundings.
B. Open hours for business shall be limited to the hours of 8:00 a.m. to 6:00 p.m .,
Monday through Saturday, with no evening or Sunday hours open for business.
C. Off-street parking on the site that does not meet the minimum zoning standards
for dimensions and surfacing shall not be permitted. The area of the site
previously used for parking on-site shall be maintained as a landscaped area
covered with vegetative ground cover.
D. The uses permitted shall be limited to the applicant provided list of selected retail
sales and services, and in addition, the veterinary offices and animal grooming
salons shall also be stricken from the list.
Moved by Koehler, seconded by Perkins, to amend the motion to change the hours of operation
from 8:00 a.m. to 8:00 p.m.
Ms. Schoeneman commented that she did not agree to that amendment, but would be open to
eliminating additional uses that would be open past 6:00 p.m.
Roll Call Vote on original motion: 4-0. Motion declared carried unanimously.
COMMENTS: Ms. Ebel reminded the Board that there will not be a meeting on Wednesday,
July 12.
ADJOURNMENT: Moved by Perkins, seconded by Koehler, to adjourn the meeting at 7:14
p.m.
_____________________________ _____________________________
Heidi Petersen, Recording Secretary Shelby Ebel, Chair