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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 5-13-2015MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA MAY 13, 2015 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:03 p.m. on May 13, 2015, in the Council Chambers of City Hall with the following members present: Susan Bradbury, Shelby Ebel, Michael Davis, Kyle Perkins, and Matthew Koehler. Staff members Ray Anderson and Mark Lambert were also present. ELECTION OF OFFICERS: Moved by Bradbury, seconded by Koehler, to elect Shelby Ebel for the office of Chair of the Zoning Board of Adjustment. Vote on Motion: 5-0. Motion carried unanimously. Moved by Bradbury, seconded by Davis, to elect Matthew Koehler for the office of Vice Chair of the Zoning Board of Adjustment. Vote on Motion: 5-0. Motion carried unanimously. APPROVAL OF MINUTES: Moved by Koehler, seconded by Bradbury, to approve the minutes of the meeting of March 11, 2015, as written. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 15-04 SPECIAL HOME OCCUPATION – Melissa Ausborn, 5418 Frost Drive Public Hearing on application for Special Home Occupation Permit to allow a home daycare on the property located at 5418 Frost Drive* City Planner Ray Anderson displayed a location map and site plan for the project. He noted that the applicant has submitted a request to allow for a Family Day Care Home business located at 5418 Frost Drive. The day care home business would allow for up to 6 children on Monday through Friday from 7:00 a.m. to 5:15 p.m. The applicant has expressed that the business will not interfere with the surrounding residences and would not require any revisions to the home to accommodate the proposed business. A total of 725 square feet of the basement and first floor are being proposed for the use of the home daycare business. In conclusion, the Ames Municipal Code allows for home occupations to permit residents a broad choice of livelihood or to supplement incomes. However, the Code is also intended to protect residential areas from the adverse impacts of such activities. The applicant has stated that the number of employees is limited to only the occupant of the home and that the day care will not exceed six children which is what is allowed by code and will provide for the minimum living area required for the number of children proposed. Staff feels that due to the nature of the business described in the application, it can be concluded that the proposed use will not alter the normal residential character of the area. Therefore, City staff has reviewed the request and recommends that the Board approve the request for a Special Home Occupation Permit based on the findings of fact and conclusions. Ms. Ebel inquired if the six children maximum requirement includes any children of the applicant’s or if all six children would be from outside the home. Mr. Anderson replied that he was not sure and that the applicant would need to answer that question. Mr. Koehler inquired if the applicant is required to have an egress window in the basement for an at home daycare. Mr. Anderson noted that that is not a requirement that is under the zoning jurisdiction. Melissa Ausborn, 5418 Frost Drive, informed the board that they will have one child of their own in June which would allow them to have five additional children attend the day care. She also noted that she is in the process of getting state certified. Ms. Bradbury asked Ms. Ausborn when they plan to begin their day care services and the applicant noted that they plan to start around earl y September. Ms. Ebel asked Ms. Ausborn if they have an egress window in the basement of their home and Ms. Ausborn replied that they do indeed have an egress window in their basement. Ms. Bradbury inquired if all neighbors within 200 feet were notified and Mr. Anderson noted that they were and that no comments or phone calls were received. Moved by Davis, seconded by Perkins, to adopt ORDER NO. 15-04, thereby approving the request for a Special Home Occupation Permit to allow a family day care business at 5418 Frost Drive, based on the findings of fact and conclusions. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 15-08 ANOTHER NONCONFORMING USE – Melanie Cornwell, 3134 Northwood Drive Public Hearing on application for Another Nonconforming Use on the property located at 3134 Northwood Drive* City Planner Ray Anderson displayed a location map and site plan for the project. The applicant is requesting a Special Use Permit to “Change to Another Nonconforming Use in a Residential Zone.” Granting the applicant’s request, through the approval of the Special Use Permit, would allow a portion of the floor area of the existing floral-gift shop to be occupied by a small coffee shop. The coffee shop would include the sale of coffee products, baked goods, soups and sandwiches. The applicant stated that the cooking would not include any smokers, grills, fryers, or any other air permeating cooking methods. The floral-gift shop business would continue to operate in the remainder of the existing interior space; the existing single-family dwelling would remain unchanged. The applicant has also submitted an aerial photo of the site with existing structures, parking areas and dimensions, a proposed handicap-accessible parking space, as well as locations for a bike rack and outdoor seasonal seating for customers of the proposed coffee shop. The existing floral-gift shop includes 2,430 gross square feet of floor area of which approximately 750 gross square feet of floor area is used by the coffee shop; the applicant proposes that the coffee shop could eventually occupy as much as 1,000 square feet with seating for twenty to twenty-six people. An outdoor seasonal seating area, measuring twenty-five feet by five feet, paved with concrete, is proposed along the west building wall parallel to Grand Avenue. The applicant has described enclosure of the outdoor seating area with a low picket fence to separate the area from the parking lot and adjacent street traffic. Mr. Anderson noted that the applicant has also submitted statements of support from adjoining property owners stating that they have no objections to the issuance of a permit for the purpose of allowing non-alcoholic beverages and light food being served between the hours of 7:00 a.m. and 5:30 p.m. at Mary Kay’s Flowers and Gifts. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Mr. Anderson. He explained that City staff has reviewed the request and recommends that the Board approve the request for Another Nonconforming Use. Ms. Ebel noted that with no sidewalk on Northwood or on Grand it is difficult to get to the traffic signal and get across Grand. She expressed that curb cuts would make it easier for residents to reach the traffic signal to cross. Melanie Cornwell, 3134 Northwood Drive, informed the board that the shop has been in its current location for 61 years. She noted that they have provided service to Ames and Story County over the years and that the business is now in its third generation of operations. Ms. Cornwell expressed how much retail is changing, especially in the flower business and certainly for the gift shop business. She noted that big box stores with direct shipping, and other perks, directly impact small flower shops across the nation and she emphasized that she would like to avoid having to close her shop by supplementing lost revenues with a small coffee shop that also contains very simple menu choices. Ms. Cornwell noted that coffee is minimal on the north side of Ames and that she would like to provide an opportunity for the community to have that experience, as well as provide more service than what they are already offer their customers. Ms. Cornwell informed the Board that they will operate with primarily the same hours; they are only opening one hour earlier in the mornings. Ms. Bradbury noted that there are several conditions the applicant must follow up on with regards to approval. Ms. Bradbury asked Ms. Cornwell if she is aware of the conditions and whether or not she feels she can satisfy the conditions. Ms. Cornwell replied that she is indeed aware of the conditions and that she is more than willing to follow the conditions and satisfy them all, as well as work with the appropriate people to do so. Mr. Koehler asked if a site plan had been created yet for landscaping. Mr. Anderson replied that the landscape plan had not yet been drawn up but that there are specific conditions set for the applicant to follow. Moved by Davis, seconded by Perkins, to adopt ORDER NO. 15-08, thereby approving the request for Another Nonconforming Use to allow a portion of the floor area of the existing floral- gift shop to be occupied by a small coffee shop at 3134 Northwood Drive, based upon the site plan, project description, applicable law, and findings of fact and conclusions, with the following conditions: 1. The paved parking surface will be widened on the north end (not the south end as proposed by the applicant), nearest the commercial building, by a minimum of six (6) feet to accommodate the striping of eight (8) parking spaces that are nine (9) feet wide and nineteen (19) feet in length, and one van-accessible handicap parking space at eight (8) feet wide, with an eight (8) foot wide passenger access aisle. 2. All fourteen parking spaces, on site shall be striped. This includes thirteen (13) spaces that are nine (9) feet wide and nineteen (19) feet in length, and one van-accessible handicap space with access aisle each at eight (8) feet wide. 3. The van-accessible parking space and access aisle will be located on the far north end of the parking lot, nearest the building. The passenger access aisle shall be north of the van - accessible parking space. 4. Perimeter parking lot landscaping shall be installed along the west and south edges of the paved parking surface with shrubs planted four (4) feet on-center reaching a mature height of three (3) feet within three years, and two trees spaced fifty (50) feet on-center. The trees shall be fully branched and have a minimum diameter of 1-1/2 inches, measured six (6) inches above the ground. 5. A fence, at a minimum height of four (4) feet, shall be installed on the north, south and west boundaries of the outdoor seating area, west of the building. The building wall on the east, and a gate, on the south, will serve to completely enclose the outdoor seating area. 6. All vendors and delivery vehicles will be instructed by the business owner(s) to use Grand Avenue as access to and from the property. 7. The parking lot striping, widening and landscaping, as well as installation of the fence around the outdoor seating area, are to be completed prior to opening of the coffee shop for business. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 15-09 VARIANCE – Alpha Gamma Rho Eta Alumni Corporation, 201 Gray Avenue Public Hearing on application for Variance for front yard setback for expansion of principle building on the property located at 210 Gray Avenue* Moved by Bradbury, seconded by Koehler, to defer ORDER NO. 15-09, to allow for Variance for front yard setback for expansion of principle building on the property located at 210 Gray Avenue, per the applicant’s request to the May 27, 2015 Zoning Board of Adjustment meeting. Vote on Motion: 5-0. Motion declared carried unanimously. COMMENTS: ADJOURNMENT: Moved by Perkins, seconded by Bradbury to adjourn the meeting at 7:39 p.m. _____________________________ _________________________________ Erin Cain, Recording Secretary Shelby Ebel, Chair