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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 9-27-2017MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA SEPTEMBER 27, 2017 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on September 27, 2017, in the Council Chambers of City Hall with the following members present: Amelia Schoeneman, Kyle Perkins, and Shelby Ebel. Board Members Matthew Koehler and Susan Bradbury were absent. Assistant City Attorney Victoria Feilmeyer and City Planners Julie Gould, Ray Anderson, and Charlie Kuester were also present. APPROVAL OF MINUTES: Moved by Perkins, seconded by Schoeneman, to approve the minutes of the meeting of August 23, 2017. Vote on Motion: 3-0. Motion declared carried unanimously. CASE NO. 17-16 SPECIAL USE PERMIT – Randy Larabee, Collegiate United Methodist Church, Public Hearing on application for a Special Use Permit with site plan for pavement improvements on the property located at 2622 Lincoln Way City Planner Julie Gould displayed a site plan for the project. Collegiate United Methodist Church requests approval of a Special Use Permit for landscaping and sidewalk improvements. The church was built in 1920 and has been expanded over the years with the last addition to the main church building in 2006. The church-owned property contains multiple buildings including the main church at 2622 Lincoln Way, the church annex and Lighthouse buildings along S. Sheldon Avenue, a small house/daycare building located west of the main church along Lincoln Way, and accessory parking. A Variance and Special Use Permit were approved for construction of a 1,450 square foot garage in October 2015. To date this garage has not been constructed and the approval has expired. Site improvements will be adjacent to an annex building, which presently takes access from S. Sheldon Avenue. These improvements include removal of the existing drive into the site off of S. Sheldon Avenue. Additionally, the curb adjacent to the drive and a gravel area located at the rear of the building will be removed. The applicant is also requesting to construct a sidewalk that connects the annex building to the parking lot of Collegiate United Methodist Church. The parking lot to the north is part of the overall Collegiate United Methodist Church property and will remain as is. Lawn and native grass seeding will be planted where the existing paving and gravel is located. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Ms. Gould. She explained that the surrounding CSC neighborhood is comprised of a variety of building/housing types, including multi-family apartments and multiple types of commercial uses. The proposed improvements are found to be compatible and appropriate in appearance for the character of the area, and enhance the overall aesthetic of the property adjacent to S. Sheldon Avenue by increasing the amount of greenspace and landscaping. The improvements will also improve drainage and subsequent appearance of the site. Randy Larabee, 306 Thackeray Avenue, Ames, Iowa was sworn in and testified under oath. He explained they have studied many methods to solve the concern of water drainage in the area along S. Sheldon Avenue. Mr. Larabee stated the sidewalk will create an ADA compliant access from the annex building to the Collegiate United Methodist Church. He mentioned the garage is still planned to be built, and the proposed improvements will prep the site. Since the Variance and Special Use Permit granted for the garage expired, he will apply again at a later date. Moved by Schoeneman, seconded by Perkins, to approve ORDER NO. 17-16, thereby approving the request for a Special Use Permit and site plan for the Collegiate United Methodist Church at 2622 Lincoln Way based on the submitted site plan and the findings of fact and conclusions stated herein, as detailed on the submitted site plan documents. Roll Call Vote: 3-0. Motion declared carried unanimously. CASE NO. 17-19 VARIANCE – Shirley Knipfel, Alpha Omicron Pi - Iota Sigma, Public Hearing on application for a Variance to allow an open porch with columns to extend into the front yard by more than the allowed 8’ on the property located at 2007 Greeley Street City Planner Ray Anderson displayed a site plan for the project. Alpha Omicron Pi Properties, Inc., proposes to construct a large open porch addition to the front façade of the sorority house at 2007 Greeley Street. The proposed porch ranges in depth from between 8 feet to approximately 16 feet due to the curvilinear front property line and existing placement of the structure. A portion of the porch deck projects 12.2 feet into the minimum front yard setback of 25 feet. An open porch is allowed to extend into the required front yard by no more than 8 feet. The proposed design of the porch exceeds the maximum allowed projection by 4.2 feet at its forward- most point for a total porch depth of approximately 16 feet. Without approval of the Variance, the porch could be between 8 feet to approximately 12 feet in depth. The Variance is necessary to extend the porch beyond the permitted 8 feet for an additional 4.2 feet into the front yard. The Iowa State University Greek System has established 172 as the number of members that the sorority chapter is to achieve and maintain. In order to achieve the campus total of 172 members, Alpha Omicron Pi believes that the addition of the proposed front porch is needed to retain current membership, add new members, and to maintain their members in an increasingly competitive environment for Greek chapter membership. The proposed open porch addition extends across the entire south façade of the building for a distance of 88 feet, at a width of 8 feet. The curved portion of the proposed porch deck extends out an additional 9 feet from the building toward the street, and is centered along the 8-foot wide portion of the porch deck for a distance of app roximately 31 feet. There are eight columns planned for the 8-foot wide portion of the porch deck, and four additional columns to support the roof on the curved portion of the porch deck. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Mr. Anderson. In general, it is in the public interest to ensure that the use of property does not infringe on the rights of the neighbors, predictability in appearance and to allow room for lawns and trees. It is possible to construct an open porch with columns on the front of the existing structure without encroaching into the setback by more than 8 feet. The proposed size of the porch is for aesthetic purposes and does not directly relate to use of the property for a principle use. The applicant asserts that the proposed plan for the addition of the open porch is the best way to provide the amenities necessary to remain competitive for new members. The applicant has not demonstrated that anything less than the proposed open porch design and dimensions would directly affect the allowed use of the property. It was said that unique circumstances do not exist in this case that present a hardship from the literal enforcement of the ordinance. Other Greek houses are located on a corner with a curved front setback line, so the subject property is not the only one with this condition. The design and dimensions of the proposed porch could be altered to locate within the allowed 8 -foot projection into the setback. Shirley Knipfel, 4615 Toronto Street, Ames, Iowa, was sworn in and testified under oath. She explained that in the last several years, construction and expansion has occurred with other Greek houses in the community. Alpha Omicron Pi is located in a high-traffic area, and she is aware of the positive and negative impacts of the house. She believes the porch will not have a negative impact on the neighborhood, but rather be more visually appealing and enhance the quality of life for the members living in the house. Ms. Knipfel said that the Chapter has been consistently unable to compete with other sororities, and has confidence that the porch will allow them to be more competitive. She added that another Greek house had a similar request in the past, and it was granted. Ms. Schoeneman asked why the specific shape of the porch is important to the members. Ms. Knipfel answered that it is visually important. The design is feminine, reflects Alpha Omicron Pi’s standards, and makes a statement. She said that the size of the porch is related to recruitment, and what is needed to accommodate more members. Vineela Sama, 2007 Greeley Street, Ames, Iowa, was sworn in and testified under oath. Ms. Sama stated that she is the Chapter President, and her main goal is to see the Chapter grow from 122 members to 172 members. She explained that the interior of the house has been updated, and believes it is time for the exterior. Victoria Barnett, 2007 Greeley Street, Ames, Iowa, was sworn in and testified under oath. She would like to complete the home renovations that have been occurring over the past ten years, and keep pride in the members and their sorority home. She stated that the pillars on the porch will add to the colonial style of the home. Kay Owen, 233 Gray Avenue, Ames, Iowa, was sworn in and testified under oath. Ms. Owen said the porch would be aesthetically pleasing for the neighborhood, and the house is due for an update. Adaiana Myles, 2007 Greeley Street, Ames, Iowa, was sworn in and testified under oath. Ms. Myles said she is involved in many events, and when sorority members come in from out of state, the house is their home away from home. She added that there have not been any exterior updates in 50 years. Barbara Beattie, 2022 Greeley Street, Ames, Iowa, was sworn in and testified under oath. Ms. Beattie stated that Greeley Street is a street with modest homes, and would like to see that preserved. She believes that the neighborhood is constantly under pressure to become student rentals. Ms. Beattie asked if there was plan for sidewalk installation since the area is heavily traveled. Mr. Anderson said that if Alpha Omicron Pi is required to add a sidewalk, it would just be along their property. Mr. Perkins and Ms. Schoeneman agreed that testimony heard did not offer enough evidence to go against staff’s recommendation. Moved by Perkins, seconded by Schoeneman, to deny ORDER NO. 17-19, thereby denying the request for a Variance for 2007 Greeley Street to allow the construction of an open porch with columns to extend into the front yard by more than the allowed 8 feet to a maximum of 12.2 feet, based upon the above findings and conclusions. Roll Call Vote: 3-0. Motion declared carried unanimously. CASE NO. 17-18 SPECIAL USE PERMIT – Chamness Technology, Inc., Public Hearing on amendment to previously approved Special Use Permit to expand a yard waste storage and transfer facility on the property located at 220-400 Freel Drive City Planner Charlie Kuester displayed a site plan for the project. Chamness Technology, Inc., has contracted with the City of Ames to collect and dispose of yard waste. In April of this year, Chamness received a Special Use Permit from the Board to operate out of 400 Freel Drive. The Board approved a condition that the permit would expire on May 1, 2018, by which time all material and equipment must be removed from the site. The condition also stated that if the site is sought for use again in 2018, the applicant will need to seek a new Special Use Permit. The original approved plan included an internal circulation plan to direct vehicles into the site from Freel Drive, circulate through the site in a counterclockwise manner to unload, and then exit the site at the same location on Freel Drive. Traffic for yard free waste days is directed to approach the Freel Drive site from SE 5th Street then exit north to Lincoln Way. The applicant now wishes to extend the approval to May 1, 2019. Chamness’s current contract with the City extends until December 31, 2018. The applicant also seeks to modify the circulation pattern to exit the site at a different location on Freel Drive. The proposed new exit is through 220 Freel Drive to the northwest of the drop-off site. The same general circulation pattern will be followed for approaching the site from the south and exiting to the north. The yard waste collection site is open on Monday, Wednesday, and Friday afternoons and Saturday mornings through late fall. Customers can bring their yard waste and, for a fee, leave it at the facility where Chamness employees will reduce the bulk and ship it to their composting facility near Eddyville, Iowa. During those days, no more than a handful of customers show up during the course of the morning or afternoon. Community-wide free yard waste collection days are also hosted at the proposed site. Once in the spring and four times in the fall, there are yard waste free days when Ames residents can drop off accumulated yard waste. These events occur on Saturdays. Upcoming dates are October 21, November 4 and 18, and December 2. Access to the drop-off area is from Freel Drive, looping around the eastern portion of the lot. The physical improvements needed to conduct this are minimal. A stabilized construction entrance of rock, 25 feet by 50 feet, was placed at the entrance of the site prior to its use this spring. Staff is recommending that a similar stabilized construction entrance be installed at the new exit on Freel Drive. Staff will recommend a condition of approval that the rock entrance be installed prior to the first yard waste free day on October 21. A Flood Plain Development Permit will be needed for this rock placement. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Mr. Kuester. He stated the zoning allows a variety of industrial and outdoor uses, including the proposed waste and transfer use with the issuance of a Special Use Permit. The outdoor storage of materials is not unique to just this use in this neighborhood as there is another approved yard waste storage facility and auto salvage yards in the immediate vicinity. Also, the site would not be a source of noise, smoke, fumes, or odor as the materials will be removed from site regularly to avoid being a harborage for vermin. The wood grinder that will be brought in will be diesel powered so there may be intermittent noise and fumes from its operation. The grinder will be on site only prior to loading trucks for transport to Eddyville. Doug MacCrea, 913 Tennyson Avenue, Ames, Iowa was sworn in and testified under oath. Mr. MacCrea stated the yard waste free days have been better than anticipated, and traffic was lined up before the site opened for the day. He said the circulation plan will allow more cars to be brought in and kept off the road on the free days. Mr. MacCrea answered the Board’s question about fees. He stated that as part of the contract with the City, the City approves the fees for collecting the yard waste. Moved by Ebel, seconded by Perkins, to approve ORDER NO. 17-18, thereby approving the request for a Special Use Permit for a yard waste collection and transfer facility at 220 and 400 Freel Drive, based on the findings of fact and conclusions stated herein, as detailed on the submitted site plan and application materials with the following conditions: a. That a rock stabilized construction entrance 25 feet wide by 50 feet long be placed at the exit to the site prior to the first yard waste free day on October 21. A flood plain development permit is required for this. b. That the approval of the use be allowed through December 31, 2018, by which time all material and equipment shall be removed from the site and the site restored to its current or better condition. If the site is sought for use again in 2019, the applicant will need to seek a new Special Use Permit. Roll Call Vote: 3-0. Motion declared carried unanimously. CASE NO. 17-17 SPECIAL USE PERMIT – Joe Reimers, SRFH Investments, LC, Public Hearing on application for a Special Use Permit with site plan for a new off -street parking lot on the property located at 502 and 512 Douglas Avenue City Planner Charlie Kuester displayed a site plan for the project. Adams Funeral Home occupies 502 Douglas Avenue and SRFH Investments, LC owns the vacant lot to the north addressed as 512 Douglas Avenue. Both are represented by Joe Reimers of Adams Funeral Home. The home at 512 Douglas Avenue was recently demolished and Adams Funeral Home wishes to construct a 20-car parking lot on the site. The applicant will also construct a handicap entrance to the front door of the building. A funeral home in the DSC zone requires a Special Use Permit and approval of a site plan by the Zoning Board of Adjustment. The use of the site for a funeral home is currently considered non- conforming because a Special Use Permit had not previously been approved for the site. A Special Use Permit also allows for consideration of approving the use of the site as a funeral home and a new accessory parking lot within the DSC zoning district without achieving the minimum 1.0 Floor Area Ratio (FAR) standard and the minimum two-story building height requirement. The proposed parking lot is a single aisle with angled parking on both sides for a total of 20 parking spaces. Vehicles will access the parking lot from the north/south alley to the east of the site. The 20 parking spaces consist of 15 standard stalls, 4 compact spaces and one handicap accessible space. Vehicles exit the site by way of the existing driveway for Adams Funeral Home to Douglas Avenue. The proposed circulation meets the City’s interest of not allowing for new curb cuts along Douglas Avenue that would disrupt the newly constructed street and remove on- street parking. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Mr. Kuester. He said the current use of the site has a long standing presence as a funeral home and a historic property, and the parking lot is accessory to the use of the property as an institutional use and helps support the function of the funeral home. The proposed parking meets the design standards of the Zoning Ordinance, including the dimensional standards and landscaping. The proposal does not expand the level of use of the site as a funeral home, and the past use has been able to be accommodated through on-street parking. The new parking lot will likely reduce demand on abutting street parking resources. Ms. Ebel stated that she is not in favor of the layout of the parking lot. She believes it would make sense to enter the parking lot from Douglas Avenue and exit through the alley rather than the opposite. She said it will be confusing for visitors coming in from out of town. Mr. Kuester added that on-street parking will still be available, and when there is a service, it will assist when visitors have to leave at once. Scott Williams, 414 S. 17th Street, Ames, Iowa was sworn in and testified under oath. Mr. Williams, Fox Engineering, is representing Mr. Reimers, the applicant. He said the Plat of Survey has been done, but not recorded. Mr. Williams explained that the layout of the parking lot was a compromise, and ideally, they did not want angled parking. He added that signage will help to direct traffic. Ms. Schoeneman asked if planners reviewed the number of vacant lots in the downtown area, and the desire to build in the area. Mr. Kuester explained that the potential for commercial use is limited on the site since the lot is very narrow. Moved by Ebel, seconded by Perkins, to approve ORDER NO. 17-17, thereby approving the request for a Special Use Permit by adopting the findings and conclusions noted by staff and by finding that the existing and proposed use of the funeral home and parking lot are compatible in character with its surroundings to justify the exemption from the 1.0 FAR(floor area ratio) requirement with the following condition: a. Construction of the parking lot as part of the Special Use Permit is conditioned upon approval of a Plat of Survey by the City Council combining 502 and 512 Douglas Avenue into a single parcel. Roll Call Vote: 3-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Perkins, seconded by Ebel, to adjourn the meeting at 7:27 p.m. _____________________________ _____________________________ Heidi Petersen, Recording Secretary Shelby Ebel, Chair