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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 6-24-2015MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JUNE 24, 2015 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on June 24, 2015, in the Council Chambers of City Hall with the following members present: Shelby Ebel, Susan Bradbury, Kyle Perkins, Michael Davis and Matthew Koehler. Staff members Karen Marren, Charlie Kuester and Mark Lambert were also present. APPROVAL OF MINUTES: Moved by Davis, seconded by Perkins, to approve the minutes of the meeting of May 27, 2015, as well as the memo of the meeting of June 10, 2015, as written. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 15-13 SPECIAL HOME OCCUPATION PERMIT – Sarah Beavers, 2016 McCarthy Road Public Hearing on application for a Special Home Occupation Permit for an at home massage therapy business on the property located at 2016 McCarthy Road* City Planner Karen Marren displayed a location map and site plan for the project. She noted that the applicant is requesting allowance for a professional massage therapy business to operate as a home business from the residential property. The home is a one-story house with a basement. One of the existing bedrooms, 87 square feet, will be used for the home occupation. There are no modifications needed for the business to run out of the home. The proposed hours of operation will be Wednesdays, Thursdays, and Fridays from 9:00 a.m. to 7:00 p.m. and every other Saturday from 8:00 a.m. to 2:00 p.m. The applicant has explained that no more than four clients will be seen per day and there should not be more than one client at the home at any given time. The home has a single car attached garage and a single width driveway to McCarthy Road. It is anticipated that clients to the business who arrive by car will park on McCarthy Road or in the applicant’s driveway in front of the residence. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Ms. Marren. She explained that City staff has reviewed the request and recommends that the Board approve the request for a Special Home Occupation Permit. Ms. Bradbury asked if all neighbors within 200 feet were notified. Ms. Marren noted that they were all notified and that two residents came in and wanted further explanation; a couple phone calls were also received. However, once all individuals were given further explanation, Ms. Marren said that residents appeared satisfied with staff’s decision on the permit. Sarah Beavers, 2016 McCarthy Road, informed the board that she has been in the massage business for seven years and that she is properly licensed through a professional massage business along with proper insurance. Sue Stanton, 2021 McCarthy Road, expressed that her main concern is an increase in traffic on the street. She also questioned whether or not the residence would have a sign in front of the residence promoting the business. Ms. Marren replied that the applicant has no intention of putting up a sign at this time. She also informed the board that the criterion allows up to ten vehicle trips per day for a home business. However, the applicant only intends to have four clients per day so there should only be four extra vehicles a day which staff does not feel will increase traffic to a noticeable amount. Moved by Koehler, seconded by Perkins, to adopt ORDER NO. 15-13, thereby approving the request for a Special Home Occupation Permit for an at home massage therapy business at 2016 McCarthy Road, based on the findings of fact and conclusions. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 15-12 SPECIAL HOME OCCUPATION PERMIT – Deborah Flaherty, 609 20th Street Public Hearing on application for a Special Home Occupation Permit to allow a Certified Public Accounting business on the property located at 609 20th Street* City Planner Karen Marren displayed a location map and site plan for the project. She noted that the applicant is requesting approval of a Special Home Occupation to allow an office for a Certified Public Accountant (CPA) in the home at 609 20th Street. The home is a one-story house with a basement. The business would be located on the first floor and occupy a total of 240 square feet of the 2,274 square feet of floor area in the house. The size of office space would be 120 square feet, and the size of the waiting area would be an additional 120 square feet. No modifications to the home are being proposed for use by the business. Hours of operation for the business would be 8:30 a.m. to 8:00 p.m. January 16th to April 15th by appointment only. The applicant has explained that no more than eight clients will be seen per day and that there should not be more than two clients at the home at any given time. The home has a two-car attached garage and a double-wide driveway to 20th Street. It is expected that clients of the business who arrive by car will park on the applicant’s driveway in front of the residence. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Ms. Marren. She explained that City staff has reviewed the request and recommends that the Board approve the request for a Special Home Occupation Permit. Ms. Bradbury inquired if any comments were received from surrounding property owners and Ms. Marren replied that no comments or calls were received. Deborah Flaherty, 1403 Maxwell Avenue, informed the board that she will be renting, not purchasing, the home for her place of business; the owner of the home signed the application giving their consent for the home business to take place. Ms. Ebel asked the applicant if the last appointment would begin at 8 p.m. or if she would be wrapped up and done with clients by 8 p.m. Ms. Flaherty noted that she would be wrapped up with the last client by 8 p.m.; the last appointment would be scheduled at 7 p.m. at the latest. Ms. Bradbury noted that Ms. Flaherty indicated that she would be restricting appointments to eight per day although she states twelve hours of availability. Ms. Bradbury inquired what the rest of the time would involve if she was only seeing and sticking to eight appointments per day. Ms. Flaherty said that she would be doing prep work or other paperwork when she’s not with clients and solidified that she would only see a maximum of eight clients per day. Ms. Ebel noted that there is only parking on the north side of 20th street which will be on the same side as the applicant’s home. Moved by Bradbury, seconded by Koehler, to adopt ORDER NO. 15-12, thereby approving the request for a Special Home Occupation Permit to allow a Certified Public Accounting business at 609 20th Street, based on the findings of fact and conclusions. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 15-07 SPECIAL USE PERMIT – Ronald McMillen, 405 Northwestern Avenue Public Hearing on application for a Special Use Permit to allow House of Refuge Church to operate on the property located at 405 Northwestern Avenue* City Planner Charlie Kuester displayed a location map and site plan for the project. He noted that the House of Refuge is operating out of 405 Northwestern Avenue, a building on the same lot as Wheatsfield grocery store. The operation of the church started two years ago but City staff was made aware of it during the recent review of a minor site development plan for Wheatsfield. No Special Use Permit was ever approved or applied for by the church which they are now seeking to correct. The site is on the south side of Northwestern Avenue, near the US 65 overpass where Northwestern Avenue transitions into Main Street. The Union Pacific railroad tracks lie to the rear. There are several buildings on this lot location, including Wheatsfield. Wheatsfield is planning an expansion of the existing parking lot and use of their current building. To accommodate that, the two houses to the west on 5th Street are being removed and those lots are being consolidated with the existing lot. The improvements also include the removal of a small portion of the existing large building to allow improved traffic flow from the front to the rear of the lot, mostly to better accommodate truck traffic. The Wheatsfield improvements have minimal effect on the church building subject to this Special Use Permit request. This proposed Special Use Permit is being approved independently of the plat of survey and minor site development plan. 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 for a Special Use Permit to allow the occupancy of a church within an existing building in the Highway Oriented Commercial Zoning District. Mr. Kuester would like the board to note a condition upon the approval. He feels that if the board should approve the permit, a condition should be placed upon approval that no social services be allowed without an update to the Special Use Permit. Mr. Kuester feels it would be beneficial to add this condition to the permit after hearing some concerns from nearby residents and neighbors. Ms. Bradbury inquired if the thirty-two spaces parking spaces were shared with Wheatsfield or if the spaces belonged to the church. Mr. Kuester said that Wheatsfield and the church share the parking spaces. He also noted that the parking of the total area does meet the needs and criteria for both Wheatsfield, the church and the vacant industrial building located on the lot. Ms. Bradbury inquired if the time of services for the church caused congestion in the parking lot with the shoppers at Wheatsfield. Mr. Kuester said that services seem to be held at a time that doesn’t interfere with a busy shopping time at Wheatsfield. He also said that the church has been operating for two years and no complaints have been received for parking or any other reason. Nathan Hostetter, 511 Duff Avenue, Suite 300, noted that the church has already been in operation for two years. He expressed that the goals of the church are compatible with the goals of the City of Ames and that the applicant and the church recognize that they would need to come back to the board if they were to change the use of their permit in any way. Ms. Bradbury inquired how many people currently attend the church on a regular basis. Mr. Hostetter replied that there are 60 to 70 regular attendees. Mr. Davis wondered if the church had future plans to have any additional social services, such as a homeless shelter or soup kitchen. Mr. Hostetter said that those types of services are not in their current or future plans at this time and believes the idea of such services have only arisen because of some questions and concerns by residents in the area. Bishop Orlando McClaim, 1401 Illinois Avenue, informed the board that they have had a little growth over time and would like to continue to grow. He said the church can hold 125 people and they have 70 persons attending regularly. He noted that they would look to purchase something else or re-locate if they grew past 125 members. Ms. Bradbury questioned if most people in attendance drive or take a different mode of transportation. Bishop McClaim said that most people drive but that they have had no issues with parking between Wheatsfield and the church. He informed the board that the church and Wheatsfield work collaboratively to inform each other of events taking place. Mr. Davis believes one of the things churches can provide for the public is shelter and food in the event of an emergency and wondered if the church would be restricted to providing those services in a time of emergency, as well. Mr. Kuester replied that the condition he is suggesting would pertain to services offered regularly not in an emergency situation. Moved by Koehler, seconded by Bradbury, to adopt ORDER NO. 15-07, thereby approving the request for a Special Use Permit to allow House of Refuge Church to operate at 405 Northwestern Avenue, based on the findings of fact and conclusions with the condition that no social services, such as homeless shelters or soup kitchens, are allowed unless the applicant comes back to the board for review of their permit. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 15-06 CONDITIONAL USE PERMIT – Verizon Wireless, 600 South Maple Avenue Public Hearing on application for Conditional Use Permit for a cell tower in the Floodway on the property located at 600 South Maple Avenue* City Planner Charlie Kuester displayed a location map and site plan for the project. He noted that the applicant has submitted a request to construct a new monopole cell tower. The site is located along the north edge of the floodway of Squaw Creek. The site is located mostly within the Floodway Fringe which means the project must meet the Floodway standards. Development within the Floodway is allowed for a limited number of uses and only if Floodway performance standards are met. The Verizon improvements would be within a 33 feet by 59 feet compound. The leased premises are 33 feet by 84 feet, which includes an area for the future inclusion of two additional carriers. Within the Verizon area will be a 120 foot tall monopole (129 feet with the lightning rod) and an elevated equipment platform. The pole has an eight-foot diameter at its base. The equipment platform is supported by multiple columns and is 17.33 feet by 35.33 feet and will rise 13 feet above ground. The platform will contain the equipment cabinets and emergency generator inside a shelter. The shelter provides security and screening for the equipment. Access to the platform is by stairs on the north side of the platform. A security fence is located along the top of the platform. At the proposed tower site, the ground elevation is about 888’ (all elevations are in National Geodetic Vertical Datum 1929, or NGVD 29). The base flood elevation (BFE, the water surface level of a flood event having a one percent chance of occurring in any given year, or 100 -year flood event) is 894.6.’ Therefore, in a 100-year flood, it is anticipated that the ground will be inundated by 6.6 feet of flood water. The City of Ames flood plain regulations requires elevation or floodproofing to three feet above BFE for an elevation of 897.6’ at this location. The bottom of the steel platform, upon which the equipment shelter sits, is at 900.’ This is 5.4 feet above BFE, or 12 feet above the natural grade. Mr. Kuester gave a brief overview of some staff comments for consideration by the board, including that there is no anticipated danger to life due to a flood event as the proposed project is an uninhabited equipment shelter and cell tower. He also informed the members that no materials would be stored on-site and that the tower is designed to withstand anticipated hydraulic forces in a flood event. He noted that the site is heavily wooded, which will provide significant screening of the base of the tower and the equipment platform and that the site will only be accessed for routine maintenance. The Ames Land Use Policy Plan identifies the area of the Floodway as Parks and Open Space and the proposed tower is not inconsistent with these designations. In conclusion, Mr. Kuester said that the tower and platform supports are not expected to cause an increase in flood depths, water velocities, or sedimentation flows due to site mitigations of removing existing obstructions of trees. Ms. Ebel inquired if any extra engineering would be completed to ensure the tower won’t float down the river in the event of a flood. Mr. Kuester replied that the tower would be able to withstand the event of a 100 year flood plan. Mr. Koehler questioned what type of screening would be at the top of the tower. Mr. Kuester said that there would be chain link fencing around the top of the tower and that the actual equipment for the tower itself would not be visible Ms. Bradbury asked for confirmation that the noise that might accompany the generator would be temporary in nature not permanent. Mr. Kuester confirmed that the generator is tested weekly, and would be used in the case of a power loss, but would only actually be running about 30-45 minutes a week. 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 for a Conditional Use Permit. Moved by Koehler, seconded by Perkins to adopt ORDER NO. 15-06, thereby approving the request for a Conditional Use Permit to allow a new wireless communication tower in the Floodway at 600 South Maple Avenue, based on the findings of fact and conclusions. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 15-05 SPECIAL USE PERMIT – Verizon Wireless, 600 South Maple Avenue Public Hearing on application for Special Use Permit to allow a cellular tower on the property located at 600 South Maple Avenue* City Planner Charlie Kuester displayed a location map and site plan for the project. The applicant is requesting a Special Use Permit to allow a new cellular tower at 600 South Maple Avenue. Mr. Kuester noted that approval of both the Conditional Use Permit and Special Use Permit are necessary for this project to move forward. In the event that the Board denies the related Conditional Use Permit, the proposed Special Use Permit may not be approved as it will not comply with flood plain requirements. The property at hand is located within City owned park land for which the City Council approved a lease on October 9, 2014 subject to approval of a Special Use Permit. The new tower and associated equipment shelter would be located in a lease area along the north boundary of the property with an access easement to the South Maple Avenue right-of-way. The site is in a wooded area and will require removal of approximately 24 trees. Access is from Maple Street via park access roads. Access to the lease area is via an existing gravel access road into the woods. As an existing park access road, it is not required to be paved to serve the proposed monopole. The Verizon improvements will be within a 33 feet by 59 feet compound. The leased premises are 33 feet by 84 feet, which includes an area for the future inclusion of two additional carriers. Within the Verizon area will be a 120 foot tall monopole (129 foot with the lightning rod) and an elevated equipment platform. The pole has an eight-foot diameter at its base. The monopole will be 8 feet at the base. While the applicant does not indicate a paved parking space on the site plan, staff is recommending a condition of approval to include updating the site plan to show a 9-foot by 19-foot parking space to meet zoning requirements. The equipment platform is 17.33 feet by 35.33 feet and will rise 13 feet above ground. There are multiple columns supporting the platform. The platform will contain the equipment cabinets and emergency generator inside a shelter. The shelter provides security and screening for the equipment. Access to the platform is by stairs on the north side of the platform. A security fence is located along the top of the platform. There might be some annoyance during the testing of the generator but that would only be about 30 minutes to one hour per week. No sewer or water brought to the site; the applicant would pay for the electric fees. Only traffic would be for periodic testing of the generator and a cell use is a permitted use in this area if approved for use by the Zoning Board of Adjustment. Ms. Bradbury asked why the applicant is requesting a paved 9 by 19 parking space. Mr. Kuester said that zoning requirements require one paved parking space and a cell tower also requires one paved parking space for the maintenance vehicle to park. Ms. Bradbury noted that the access road that exists is gravel and inquired who would be in charge of maintaining the access road. Mr. Kuester replied that it is the responsibility of the applicant, Verizon Wireless, to maintain the access to the road, as well as the actual condition of the road. Ms. Bradbury wondered if the lease lists specifics on the maintenance and upkeep of the road because she has concerns that there wouldn’t be access to the road in the event of a flood or some other emergency. She asked about adding a condition to the motion surrounding the maintenance and upkeep of the road. Mr. Kuester asked what kind of language she would propose for a condition on the permit; he also noted that Brian Phillips, in the City Manager’s Office, might have more knowledge on what is outlined in the lease regarding the access road because he has worked closely with the applicant on the terms of the lease. Brian Phillips, City of Ames representative, informed the board that the lease requires Verizon Wireless to give the City 24 hours advance notice that they will be visiting the site so that the City can mitigate the access to the road. Ms. Bradbury noted that the fact that the road is in a flood area is a safety concern. Mr. Kuester asked Mr. Phillips if he could speak on the maintenance of the road and the condition it must maintain in various weather conditions and whether or not the lease spoke to the maintenance at all. Mr. Phillips said that that is not directly outlined in the lease. Mr. Perkins asked if the applicant would need to return to the board if additional carriers are added to the cellular tower. Mr. Kuester replied that the applicant would need to return to the board because they would need to apply for another Special Use Permit. Mike Howley, 15660 Midwest Road, Suite 140, first spoke on the issue of the generator and informed the board that the generator is for temporary use. He informed the board that the generator only cycles on once a week for 30-45 minutes at a standardized time; a technician only goes to the site when diagnostic testing is needed. He also explained to the board that Verizon is obligated to maintain the access road and it benefits them to maintain the road and keep it accessible because if the road is not maintained their technicians won’t have access to the site. If the City felt that Verizon was not maintaining the road well enough it would only take a phone call to Verizon to get the road taken care of right away. However, he stated that Verizon does a great job of maintaining their access roads so he assured the board that he didn’t anticipate there would be problems with the maintenance of the road. Mr. Howley expressed the need for this site to be able to significantly improve service to their customers and said that Verizon has spent a lot of time and effort on this project. Verizon wants to be able to make this site work because it is an identified area where service is in high demand. In conclusion, he noted that the tower would have very minimal impact to residents and will only bring significantly improved service to the area, especially at times of high demand during sporting events or other large events when there are additional users. Their main goal is to provide the best service possible and this tower location is ideal for improving the communication service of their customers. Mr. Howley respectfully requests the approval of the permits. Mr. Kuester said that no phone calls or comments were received by residents as a result of the 200 foot notices. Ms. Bradbury asked if the applicant would have to demonstrate no rise to the flood plain and Mr. Kuester replied that yes, the applicant would need to be able to demonstrate that there is no rise to the flood plain. Mr. Davis inquired who would own the tower and Mr. Kuester stated that the City would own the property but Verizon would own the tower. 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 for a Conditional Use Permit with the conditions listed in Alternative #1. Moved by Bradbury, seconded by Ebel, to adopt ORDER NO. 15-05, thereby approving the request for a Special Use Permit at 600 South Maple Avenue to allow a new cellular tower, based upon the site plan, project description, applicable law, and findings of fact and conclusions with the following conditions: a.) The required Conditional Use Permit in the Floodway is also approved. b.) The site plan is amended to include a 9 by 19-foot paved parking space. Vote on Motion: 5-0. Motion declared carried unanimously. COMMENTS: ADJOURNMENT: Moved by Davis, seconded by Perkins, to adjourn the meeting at 8:41 p.m. _____________________________ _________________________________ Erin Cain, Recording Secretary Shelby Ebel, Chair