HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 1-13-2016MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA JANUARY 13, 2016
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on
January 13, 2016, in the Council Chambers of City Hall with the following members present:
Kyle Perkins, Susan Bradbury and Matthew Koehler. Board Members Michael Davis and Shelby
Ebel were absent. Staff members Charlie Kuester and Jessica Spoden were also present.
APPROVAL OF MINUTES: Moved by Perkins, seconded by Bradbury, to approve the
minutes of the meeting of December 9, 2015.
Vote on Motion: 3-0. Motion declared carried unanimously.
CASE NO. 15-24
VARIANCE – Alpha Gamma Rho Eta Alumni Corporation, 201 Gray Avenue
Public Hearing on application for a Variance to allow front yard parking on the property
located at 201 Gray Avenue*
City Planner Charlie Kuester displayed a location map and site plan for the project. The applicant
desires to expand its fraternity house on Gray Avenue; the current driveway and parking is
considered non-conforming by the City in its location and configuration. The proposed site plan
and building elevations indicate that there will be an expansion of space along most of the front
of the building where the existing parking exists. Doing so requires the relocation of the front
yard drive aisle and parking about 15 to 20 feet closer to the sidewalk. However, parking is not
allowed in front of a building in this zoning district and the removal of this non-conformity
would preclude replacing it anywhere in the front yard. To accommodate the replacement, the
fraternity is seeking a variance.
The residence is located at an unusual intersection where Gray Avenue, Gable Lane and Sunset
Drive all intersect forming a semi-circle street frontage. The property is on the east end of a
block and has streets on three sides. Because of the street curvature it has a front setback on three
sides and side setback from the property line on the west. Most of the on-site parking is located
between this west property boundary and the building, which is the only location that meets the
zoning requirements for the location of parking. The existing front yard drive way is shown on a
1993 approved site plan, although the driveway predated that approved plan.
The fraternity sought and was granted a variance in May of 2015. The variance was to allow a
corner of a new addition to encroach 5.8 feet into the front setback. The addition has a footprint
of 1,645 square feet and 5,348 square feet of floor space over four floors. In that design, the
existing parking was to remain untouched and therefore could be maintained as a conforming
improvement on the property. Subsequent to the Board granting a variance, staff approved the
Minor Site Development Plan for the project. However, the fraternity has reconsidered their
desires for an expansion and that approved project has not proceeded. The fraternity now seeks
to enlarge the building in a different scenario that fully meets the 25 foot front yard setback, but
displaces existing parking on the site. The proposal to replace the parking results in relocating
the driveway and parking spaces about 20 feet closer to the sidewalk.
The attached site plan has not yet been formally reviewed by the City Development Review
Committee to determine if it meets all of the codes and standards necessary. In this case, the
applicant is not able to proceed with the detailed design necessary to complete the Minor Site
Development Plan application, without first determining whether a variance will be granted. The
Zoning Board of Adjustment is only considering approval of the variance to allow the
reestablishment of parking in the front yard once the existing parking is removed for the building
expansion. An unofficial submittal of building plans accompanied this request for a variance.
Staff believes the purpose of expansion is similar to that of May 2015 which was to add amenity
space. No additional bedrooms or bed space will be added; capacity will remain at 84 beds,
necessitating 28 parking spaces.
Mr. Kuester read aloud an email that he received from the applicant on January 12, 2016 which
listed several reasons why the previously submitted site plan and variance request no longer
work and how their new plans resolve the issues they have with their previous request.
The site plan, project description, applicable law, and findings of fact and conclusions were
reviewed in detail by Mr. Kuester. He explained that City staff has reviewed the request and
recommends that the Board deny the request. City staff found that the applicant did not meet any
of the six applicable criteria needed for this Variance.
Michael Nissly, 19989 135th Street, Iowa Falls, IA, was sworn in and testified under oath. He
noted that they have analyzed their needs in greater detail since their last variance request and
discovered that their last plan does not meet all of their needs. Mr. Nissly discussed additional
points he feels are applicable for each of the criterion that were not met according to City staff.
Ms. Bradbury noted that the applicant is before the Board for a parking variance; she inquired if
they have an approved site plan. Mr. Nissly said that they are in the process of a site plan but
wanted to get approval for the variance first before submitting site plans for approval. Ms.
Bradbury questioned how much farther out the building would be from where it currently is
located. Mr. Nissly replied that it would be out 20 feet farther which would push the driveway
out another 15 to 20 feet. Mr. Kuester said that the driveway would not maintain the arch that it
currently has. Ms. Spoden noted that front yard parking is completely prohibited by the
Municipal Code.
Ms. Bradbury said she feels that parking is exasperated because it is moved so much closer to the
street; the non-conformity is much greater. Mr. Nissly noted that they would be reducing parking
spots from 9 to 8 spaces. Ms. Bradbury replied that that is only a 10% reduction in parking.
Mr. Kuester said that staff is very willing to work with the applicant, as well as the architect, on
other alternatives; perhaps something utilizing the approved variance. He said that he feels there
is expansion space that the applicant could use that would meet the setback requirements. In
conclusion, he noted that staff’s recommendation to deny has not changed.
Ms. Bradbury inquired if notices were sent out. Mr. Kuester replied that notices were sent out to
property owners within 200 feet and no calls or notes were received.
Mr. Nissly asked that the Board respect the proposal that they have come up with as property
owners. He noted that there may be other areas of the property where they could expand,
however, those areas are not as cost effective for what they want to accomplish. He explained to
the Board that they do not intend to utilize their previous Variance but hope to use something
more along the lines of what they have brought before the Board tonight.
Ms. Bradbury feels that the applicant made a case for a couple of the points; however, in order
for the Board to approve the Variance all of the standards must be satisfied and she does not feel
that they have been. She said that the Municipal Code is very clear that there is not to be parking
in the front yard. She understands the Greek house wanting to make improvements but does not
feel this is the best way to do it. She suggested the applicant put more thought into how they can
achieve their goals, as well as meet the standards of the code.
Moved by Koehler, seconded by Perkins to deny ORDER NO. 15-24 and direct the applicant to
seek a variance for reduction of nine parking spaces on the property to replace the non-
conforming driveway with front yard landscaping, thereby denying the request for a Variance to
allow front yard parking on the property located at 201 Gray Avenue, based on the findings of
fact and conclusions.
Roll Call Vote: 0-3. Voting Nay: Perkins, Koehler, Bradbury. Motion declared failed
unanimously.
Moved by Bradbury, seconded by Perkins, to deny ORDER NO. 15-24, thereby denying the
request for a Variance to allow front yard parking on the property located at 201 Gray Avenue,
based on the findings of fact and conclusions.
Roll Call Vote: 3-0. Motion declared carried unanimously.
CASE NO. 15-25
SPECIAL USE PERMIT – Joni King, 2003 Hunziker Drive
Public Hearing on application for a Special Use Permit to allow a child care center on the
property located at 2003 Hunziker Drive*
City Planner Charlie Kuester displayed a location map and site plan for the project. The applicant
has been operating a day care out of her home at 2003 Hunziker Drive for several years; she was
recently made aware of the need to obtain approval from the City for her day care. Ms. King’s
operation is licensed by the Iowa Department of Human Services as a C1 category, which allows
up to 8 children of any age. Ms. King currently cares for 8 children in her home. She does not
have any employees, although her husband and daughter sometimes assist.
Ms. King’s operation is larger than allowed for a Special Home Occupation, which limits the
number of children to 6 preschool or 5 school age children. Since she cares for 8 children, in
compliance with her state registration, she would need to obtain a Special Use Permit as a child
day care facility. Her current enrollment is 7 pre-school age children and 1 school age child.
The site plan, project description, applicable law, and findings of fact and conclusions were
reviewed in detail by Mr. Kuester. He explained that City staff has reviewed the request and
recommends that the Board approve the request with the condition that the day care facility be
limited to no more than 8 children of any combination of full-time, part-time, or school-age (the
standard allowed as a C1 home registered by the Department of Human Services). City staff
found that the applicant met the applicable criteria needed for this Variance.
Ms. Spoden noted that an anonymous letter was received regarding this case and informed the
Board of the rules surrounding anonymous testimonies. She inquired whether or not the Board
would like to see the anonymous letter that was submitted. The Board determined that because
they are unable to question the person who wrote the letter, they did not wish to see the letter.
Joni King, 2003 Hunziker Drive, was sworn in and testified under oath. Ms. King handed out
folders to the Board members; the folders included a letter of support and various certifications
that she obtains through the State of Iowa.
Ms. Bradbury noted that Ms. King’s day care has been in operation for a while and inquired how
long she has been operating a day care at this location. Ms. King said that she has been registered
with the State of Iowa and working as a day care provider at this location for 23 years. She
explained that she was not aware that she needed a permit from the City of Ames to operate the
day care out of her home until recently when she received a letter from City staff. She expressed
that she chose to pursue a Special Use Permit rather than a Special Home Occupation Permit
because the Special Use Permit follows state regulations.
Ms. Bradbury inquired if state law supersedes city law and Ms. Spoden replied that city law can
be more restrictive than state law.
Mr. Koehler noted that he drives by this property quite often and said that it is very well kept and
maintained. He also said that there are tall hedges in the back yard that likely help maintain
privacy and help with noise.
Moved by Bradbury, seconded by Perkins, to approve ORDER NO. 15-25, thereby approving
the request for a Special Use Permit to allow a child care facility in the home located at 2003
Hunziker Drive with the condition that the day care facility be limited to no more than 8 children
of any combination of full-time, part-time, or school-age, based on the findings of fact and
conclusions.
Roll Call Vote: 3-0. Motion declared carried unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by Perkins, seconded by Bradbury, to adjourn the meeting at 7:18
p.m.
_____________________________ _________________________________
Erin Cain, Recording Secretary Matthew Koehler, Vice Chair