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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 10-25-2017MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA OCTOBER 25, 2017 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:02 p.m. on October 25, 2017, 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, City Planner Julie Gould, and City Planner Justin Moore were also present. APPROVAL OF MINUTES: Moved by Bradbury, seconded by Koehler, to approve the minutes of the meeting of October 11, 2017. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 17-21 SPECIAL USE PERMIT – Elliot Thompson, The Love Club, LLC, Continuance of Public Hearing on application for a Special Use Permit to allow a retail sales/services and restaurant use to operate on a pre-existing building lot that exceeds the maximum lot area of 30,000 square feet in a Neighborhood Commercial zoning district on the property located at 4625 Reliable Street Ms. Ebel stated that she and Mr. Perkins were absent from the October 11 meeting, but have viewed the recording. City Planner Julie Gould stated that the hearing for the Special Use Permit was originally heard at the October 11, 2017, Zoning Board meeting. She mentioned that the Zoning Board asked to continue the hearing and requested additional information. The Love Club, LLC desires to use an existing building and site that is zoned Neighborhood Commercial (NC) and is over 30,000 square feet in site area. Section 29.801(3) of the Neighborhood Commercial zoning regulations requires that any lot over 30,000 square feet can be utilized in the Neighborhood Commercial zoning district subject to a Special Use Permit being issued by the Zoning Board of Adjustment. Neighborhood Commercial is a minor zoning district applied to a few unique sites that have potentially sensitive surroundings. The Special Use Permit requirement is intended to guide development towards compatibility with the unique surroundings of a site. Ms. Gould stated that no additional reports have been written, but several letters were sent in. Elliot Thompson, 3211 Lettie Street, Ames, Iowa, was sworn in and testified under oath. Mr. Thompson stated that the concerns mentioned are suggesting that his business is not a “viable business,” and added that they have been operating as a business since day one. He has obtained the police reports for the loud music, and although there were complaints, no tickets were issued. Mr. Thompson also addressed the concern of parking. He said an event was held for the Shift structure, and a portion of someone’s driveway had accidentally been blocked. Mr. Thompson said they are waiting to construct the plumbing until they determine the scale of the interior uses. The kybo is on-site as a temporary solution as the interior becomes functional. He mentioned that it has been a long process to sort and haul away what was left from the previous owner, and a part of that process is to move things from the interior to the exterior. He believes this could have been the cause of why some said it appeared to be a junkyard. Sharon Stewart, 437 Hilltop Road, Ames, Iowa, was sworn in and testified under oath. Ms. Stewart read a letter of support from her husband which emphasized the support of the Iowa State College of Design. He believes Reliable Street is unique and wishes to continue to build relationships with the design students through projects, events, and internships. Ms. Stewart addressed the complaints that were received. She stated that a lot of the complaints were valid while things were just getting started, but currently they are not valid complaints. She said five different noise complaints had been received since they have taken ownership, but no tickets or warnings have been issued. All complaints occurred before 10 p.m., except one that was received at 12:15 a.m. on July 10, 2017. She stated that they are not breaking the law with the use of land. Ms. Stewart briefed the Land Use Policy Plan and explained how the proposed uses fit. She added that sit-down restaurants and small retail uses are permitted. Photos of the site before and after they took ownership were displayed, and the areas needing the most work were identified. She believes that the site did tend to resemble a junk yard while removing the debris left over from the car repair shop, but does not believe that is the case at the moment. Ms. Stewart added that more residents are visiting the café and community garden, and it is becoming more received by the neighborhood. Ms. Bradbury asked when the five noise complaints had been received. Ms. Stewart said that the complaints were received in the early summer, during the time period when the site was being cleaned up. All complaints happened before 10 p.m., except one which was at 12:15 a.m. on July 10, 2017. Ms. Schoeneman asked if there was a timeline for the site cleanup. It was said that once permits are received, demolition will occur. The owners hope to have the clean-up complete within a few months, but they need to be in compliance with the Municipal Code and dispose of things properly. Ms. Stewart mentioned that the kybo will be removed from the site when the interior is complete, and the ancillary events will be moved indoors. She added that the concerned neighbors have been spoken to, and were suggested to call if bothered by any of the occurring events. Tamara Martin, 1512 Florida Avenue, Ames, Iowa, was sworn in and testified under oath. Ms. Martin stated that the site is engaging and vibrant. She mentioned that there are no businesses within walking distance in the neighborhood, and believes having the proposed use would be positive. Cal Rebhuhn, 621 Clark Avenue, Ames, Iowa, was sworn in and testified under oath. He stated that he understands the concerns. Mr. Rebhuhn said that the café is trying to succeed in an underdeveloped neighborhood, and he hopes to see it grow. April Katz, 4626 Reliable Street, Ames, Iowa, was sworn in and testified under oath. Ms. Katz spoke in support of the proposed use at the previous meeting, and added that the use will allow nearby residents to visit a café without traveling outside of the neighborhood. She noted that the previous owner had a dumpster on-site to dispose of hazardous waste, and although the current site still needs some improvements, it is in a much better state than before. Laura Funk Kopecky, 4572 215th Street, Ames, Iowa, was sworn in and testified under oath. Ms. Kopecky said that she and her husband live within walking distance, and appreciate the café. She believes that it is a great use for the building, and added that the food is great. She loo ks forward to what is to come. Jordan Angell, 802 10th Street, Ames, Iowa, was sworn in and testified under oath. Mr. Angell stated that he is a friend of the owners, and is happy to see that something is happening in that neighborhood. He mentioned that the space is lovely, and he is confident in the owners. Ms. Gould said that an amendment to the SUP will be needed in the future if the ancillary uses become regular, and the hours of operation can be included as a condition. Ms. Bradbury stated that the use is permitted and will not drastically change the neighborhood. Although some concerns had been mentioned, the laws have been obeyed. Moved by Bradbury, seconded by Koehler, to approve ORDER NO. 17-21, the request for a Special Use Permit and site plan at 4625 Reliable Street for retail space and a café, by adopting the findings and conclusions, and with the following conditions: a. In the event on-street parking regulations are modified by the City Council and reduce the amount of available parking, the property owner must seek an amendment to the Special Use Permit and construct required parking on site. Allowing for credit of currently available parking on street is not a permanent granting of use of the street for parking and is not an easement, license, or other guarantee of parking for the property owner. b. Use of the building and site are for the defined uses described in this report. Changes in activities or adding additional uses requires an amendment to the Special Use Permit. c. Obtain building permits for remodeling of the first floor of the building for the intended uses prior to occupancy of the space. Ms. Schoeneman asked Ms. Bradbury if she would entertain an amendment for additional conditions, to which she agreed. Ms. Schoeneman suggested adding the following conditions: d. No events or operations past 10:00 p.m. e. Outdoor storage of construction materials and the “porta-potty” must be removed before operation. f. Any ancillary events that occur outdoors more than 12 times in a calendar year, or at staff’s discretion, be approved through the Special Use Permit process. Ms. Bradbury clarified with Ms. Schoeneman that the hours of operation would be 6:00 a.m. to 10:00 p.m., seven days a week. Ms. Bradbury said she agreed with the other additional conditions. The Board discussed the frequency of the ancillary uses and when the applicant would need to request an amendment to the Special Use Permit. Ms. Schoeneman said she would like to see the amendment happen when the same event occurs more than 12 times in one year. The Board agreed that one of the original conditions listed by Ms. Bradbury covered the concern regarding the required amendment for ancillary uses, and the condition relating to events that occur more than 12 times in a calendar year should be eliminated. Moved by Bradbury, seconded by Koehler, to amend the motion to approve ORDER NO. 17-21, thereby approving the request for a Special Use Permit and site plan at 4625 Reliable Street for retail space and a café by adopting the findings and conclusions noted above, and with the following conditions: a. In the event on-street parking regulations are modified by the City Council and reduce the amount of available parking, the property owner must seek an amendment to the Special Use Permit and construct required parking on site. Allowing for credit of currently available parking on street is not a permanent granting of use of the street for parking and is not an easement, license, or other guarantee of parking for the property owner. b. Use of the building and site are for the defined uses described in this report. Changes in activities or adding additional uses requires an amendment to the Special Use Permit. c. Obtain building permits for remolding of the first floor of the building for the intended uses prior to occupancy of the space. d. No events or operations past 10:00 p.m., specifically 6:00 a.m. to 10:00 p.m., seven days a week. e. Outdoor storage of construction materials and the “porta-potty” must be removed before operation. Roll Call Vote on amended motion: 5-0. Motion declared carried unanimously. CASE NO. 17-22 APPEAL – Wayne Larson, 2017 E. Lincoln Way, Public Hearing on application for Appeal of a decision of the Planning and Housing Director pertaining to approval of a Minor Site Development Plan for the property located on Lots 1 and 2 in the LDY Subdivision (2105 East Lincoln Way) City Planner Justin Moore introduced the appeal request, and stated that the two parties involved have come to an agreement. Originally, the appellant asserted that the approval of the Minor Site Development Plan at 2105 East Lincoln Way contains a storm water detention feature that will contain standing water in close proximity to the property at 2017 East Lincoln Way, causing insects to affect the operations at 2017 East Lincoln Way. The owner of 2105 East Lincoln Way applied for a Minor Site Development Plan on August 15, 2017. The subject property is located in the LDY Subdivision, which consists of three lots (1-3). 2105 East Lincoln Way is the furthest west lot, known legally as Lot 1. The plan was reviewed through the Development Review Committee process, and approval for work to begin was given on September 12, 2017. A full Site Development Plan was issued on October 2, 2017. The approved Site Development Plan consists of the construction of a new industrial building, parking and maneuvering area at 2105 East Lincoln Way, as well as maneuvering area on the abutting lot to the east near an existing industrial building. Landscaping, water, sanitary sewer, and storm water treatment are also required as part of the Minor Site Development Plan. The storm water treatment measures for the site include grading and retention of storm water for all three lots in the LDY subdivision including 2105 East Lincoln Way (Lot 1) and two neighboring lots (Lots 2 & 3) to the immediate east. The topography of the site drops in elevation from north to south with the lowest point located near Lincoln Way. The Minor Site Development Plan was reviewed for conformance to City ordinances. A Minor Site Development Plan must fulfill all of the design considerations listed in the Minor Site Development Plan criteria in Chapter 29.1502(3) including requirements for general development standards and all requirements for the General Industrial zone including setbacks, building scale and height, site coverage, required parking and landscaping. The Minor Site Development Plan for 2105 East Lincoln Way was found to meet all criteria. As a result of the increased impervious area on the site, a storm water retention facility is required to be constructed on the site to comply with storm water requirements. Storm water features are reviewed and approved by the Ames Public Works Department. These standards require a given storm water release at pre-defined rates and treatment of water quality at pre- defined standards. These standards apply to all development within the City. Storm water features have been constructed in numerous areas throughout the City in all zones including industrial, commercial and residential. Storm water detention and retention is required both in subdivisions as regional collection design and on individual sites if no regional collection is available or feasible. The design that the applicant chose for the storm water feature at 2105 East Lincoln Way was reviewed by the Public Works Department and was found to meet the requirements of the storm water ordinance. The proposed design for the site was found to comply with Site Development Plan criteria. The appellant’s ability to appeal a Minor Site Development Plan is given in Chapter 29.1403(8) as an aggrieved person based upon the decision of the Planning Director. In this case, the appellant believes that the presence of the pond near the appellant’s property will encourage the spread of insects which will thereby interfere with the auto body repair process at the appellant’s business located at 2017 East Lincoln Way, possibly ruining the finish of newly painted vehicles and causing irreparable harm to the business. Specifically, the criteria in Chapter 29.1502(3)(f)(x) sets standards for ensuring that a development shall limit undesirable elements such as nuisances and disturbances to acceptable levels as prescribed in other City and State regulations. Although not specified by the appellant, the criterion most closely relates to the appellant’s assertion in this case. Stephen Howell, 3724 Mathews Road, Ames, Iowa, was sworn in and testified under oath. He mentioned that he was representing the applicant, Mr. Larson. Mr. Howell stated that the two parties have come to an agreement, and the appeal is withdrawn. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Bradbury, seconded by Perkins, to adjourn the meeting at 7:00 p.m. _____________________________ _____________________________ Heidi Petersen, Recording Secretary Shelby Ebel, Chair