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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 11-08-2017MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA NOVEMBER 8, 2017 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on November 8, 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. Assistant City Attorney Victoria Feilmeyer, City Planner Charlie Kuester, and City Planner Eloise Sahlstrom were also present. APPROVAL OF MINUTES: Moved by Perkins, seconded by Schoeneman, to approve the minutes of the meeting of October 25, 2017. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 17-23 SPECIAL HOME OCCUPATION – Dick Wright, Public Hearing on application for a Special Home Occupation Permit to allow the service and repair of sewing machines on the property located at 1421 Coolidge Drive City Planner Eloise Sahlstrom displayed a location map for the request. The applicant, Dick Wright, has requested approval of a Special Home Occupation Permit to allow for the service and repair of sewing machines. The hours of operation will be by appointment. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Ms. Sahlstrom. It was said that activity at this location will be conducted within the existing dwelling, no exterior changes are proposed, and the home occupation will be limited to typical business hours. There will be no other employees, no signs posted, and the home occupation is not expected to generate any additional delivery vehicle traffic. No classes will be taught, nor will any other home occupations be located at 1421 Coolidge Drive. The applicant states that 180 square feet of the basement area of the principal building will be used, out of a total area of the house of 2,404 square feet (7.5%), which is within the maximum (25%) area permitted for a special home occupation. The driveway width can accommodate two vehicles side by side, and no additional parking is required. Customers will drop-off for servicing and pick-up serviced sewing machines by appointment. The applicant states that the volume will be a maximum of two to three vehicles per day and that there should not be more than two client vehicles at any one time. Several adjoining property owners indicated no objections to the issuance of the Special Home Occupation Permit on an Adjoining Property Owner Statement. Notification was made to all owners of property within 200 feet, and no comments or concerns were received. Due to the nature of the business as described in the application, it can be concluded that the proposed use will not alter the normal residential character of the area. Therefore, based upon the application, the Board may conclude that the application meets all applicable criteria of the Zoning Ordinance. Since the applicant was not present, the Board clarified with Ms. Feilmeyer if a decision could be made. It was said that a decision can be made based on the Findings of Fact. Moved by Schoeneman, seconded by Perkins, to approve ORDER NO. 17-23, thereby approving the request for a Special Home Occupation Permit to allow a service and repair of sewing machines business at 1421 Coolidge Drive based upon the findings and conclusions presented. Roll Call Vote: 4-0. Motion declared carried unanimously. CASE NO. 17-20 SPECIAL USE PERMIT – Randy Duncan, Ames Pet Resort, Public Hearing on application for a Special Use Permit with site plan to allow additional outdoor kennels at Ames Pet Resort on the property located at 2811 Hyatt Circle City Planner Charlie Kuester displayed a site plan for the project. Mr. Kuester explained that the Zoning Board of Adjustment approved a Special Use Permit and a site plan for Ames Pet Resort at 2811 Hyatt Circle on August 24, 2011. The Board subsequently approved a revised building elevation on December 7, 2011. The owner now seeks to enlarge the use with expanded outdoor fenced dog runs on the north and south ends of the building. Ames Municipal Code does not allow retail businesses over 3,000 square feet gross floor area to locate in a GI zone unless the Zoning Board of Adjustment reviews and approves a Special Use Permit application. The proposed enlargement is an amendment to the previous approval. Ames Pet Resort is a boarding kennel with a capacity of about 60 (57 dog kennels and 4 cat kennels), and average occupancy is about 50 percent. The business has been in operation for about five years and is now seeking to provide an improved environment for boarded animals. The intended exterior dog run areas do not increase boarding capacity. They are intended to provide an improved outdoor experience for the clients. One proposed dog run area is on the south side of the existing building. It is a covered, fenced area that will displace several parking spaces. The other improvement will be a covered dog run within the existing fenced play area on the north side of the building. The new areas will consist of a wood privacy fence and roofed structure with metal roofing to match the existing building. Although some parking is being removed to accommodate the south dog run, the site has more parking than required and will still meet requirements. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Mr. Kuester. The applicant has identified noise and odor as the only potential impacts of the proposed retail business, and has addressed those potential impacts by having an attendant with the dogs during outdoor time and by maintaining high standards of cleanliness. There have been no nuisance reports about this business, and no complaints of noise or odor have been received by Ames Animal Control. The Development Review Committee has reviewed the site development plan and found that it meets applicable design standards of the base zone and general standards. The site is nonconforming for landscaping requirements since the newly adopted standards from the summer of 2017. Notification was made to all owners of property within 200 feet, and a notice of public hearing was placed in the front yard of the subject property. It was said that no comments or concerns had been received from surrounding property owners. The plan does not meet the current landscape standards as the site was developed using the previous requirements. The standards are to remove the nonconformities as practicable. Although this is considered a new site plan as an amendment to the original Special Use P ermit, there are no changes to the front yard or parking configuration of the site that would include practical changes at this time related to location and scope of the proposed work. Staff does note that there are several missing plants from what was approved, and the owner has provided financial security and will install them prior to May 1, 2018. Justin Dodge, Hunziker Companies, 105 S. 16th Street, Ames, Iowa, was sworn in and testified under oath. He stated that the request is to add more kennel space so that the dogs can have shade while enjoying the outdoors. He added that the kennels on the north side are in the public utility easement, so they will be shifted to the west side and additional kennels will be added on the south side of the building. Randy Duncan, Ames Pet Resort, 2811 Hyatt Circle, Ames, Iowa, was sworn in and testified under oath. He answered the Board’s question regarding the hours of operation. He stated that the business is open from 7:00 a.m. - 7:00 p.m., Monday through Friday, 9:00 a.m. - 5 p.m. on weekends, and at least one employee is present from 6:00 a.m. to 8:00 p.m. daily. The dogs go outside four times per day. Mr. Duncan stated that the request will create a better environment for the dogs and provide better customer service. It will also reduce the noise in the interior of the building. He believes this will lessen the probability of nuisance issues since the dogs tend to bark less when they are outdoors. Moved by Koehler, seconded by Ebel, to approve ORDER NO. 17-20, thereby approving the request for a Special Use Permit and site plan for a retail use greater than 3,000 square feet in a General Industrial Zone for Ames Pet Resort at 2811 Hyatt Circle. Roll Call Vote: 4-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Perkins, seconded by Ebel, to adjourn the meeting at 6:25 p.m. _____________________________ _____________________________ Heidi Petersen, Recording Secretary Shelby Ebel, Chair