HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 2-12-20141
MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA FEBRUARY 12, 2014
The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on
February 12, 2014, in the Council Chambers of City Hall with the following members present: Shelby Ebel,
Sandra McJimsey, and Gary Taylor. Board members Patrick Brooks and Elizabeth Erbes were absent. Staff
members Kelly Diekmann, Ray Anderson, Jeff Benson, Charlie Kuester, and Jessica Spoden were also
present.
APPROVAL OF MINUTES: Moved by Ebel, seconded by McJimsey, to approve the minutes of the
meeting of January 8, 2014, as written.
Vote on Motion: 3-0. Motion declared carried unanimously.
CASE NO. 14-01
SPECIAL USE PERMIT - CCRC OF AMES, LLC, 3300 GEORGE WASHINGTON CARVER
AVENUE
Public Hearing on application for Special Use Permit to allow a senior living facility, comprising
independent senior living, assisted living, and nursing home (skilled care facility) on the property
located at 3300 George Washington Carver Avenue
City Planner Charlie Kuester said that Heartland Baptist Church owns 34 acres in the north part of Ames
bounded by Bloomington Road, Stange Road, and George Washington Carver Avenue. CCRC of Ames,
also known as Scenic Development, has approached the church with a proposal to construct a senior living
facility on a portion of the land. Mr. Kuester noted that a two-lot subdivision was approved by the City
Council at the February 11 meeting, creating a 12.35-acre site for the proposed facility.
Mr. Kuester described the site design as detailed in the staff report and site plan. He noted that the senior
living facility will be comprised of independent senior living apartments, assisted living, and a skilled care
unit. All three residential uses are permitted in the FS-RM zoning district when a Special Use Permit is
approved by the ZBA.
The General Standards, Residential Zone Standards, and findings of fact and conclusions were summarized
by Mr. Kuester. Based on City staff’s review of the application and on the findings and conclusions as
detailed in the staff report, Mr. Kuester said that approval of the application is recommended with
conditions.
Board Member McJimsey inquired about the status of a public comment that was referenced in the staff
report. Mr. Kuester indicated that, after reviewing the site plan and discussing the project with staff, the
neighbor did not wish to voice a formal objection to the application.
Chair Taylor noted that the Master Plan shows “memory care or independent living units” on the east end
of the development. He asked if that is part of a plan to be identified later. Mr. Kuester said that it is; the
applicant will see what the need is in the future. Any changes or additions would require an amendment
to the Special Use Permit.
Gib Wood, 10920 S Cottage Court, Olathe, Kansas, representing Scenic Development, was sworn in and
testified under oath. He stated that the project is low impact and will fulfill a huge need in Ames.
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Moved by McJimsey, seconded by Ebel, to adopt ORDER NO. 14-01, thereby approving the request for
a Special Use Permit to allow the construction of a senior living facility, comprising senior apartments,
assisted living, and a skilled care facility in the FS-RM Zoning District at 3300 George Washington Carver
Avenue, with the following conditions:
a.That all easements for public utilities on site will be provided prior to the City issuance of
a certificate of occupancy.
b.That an easement between the owners of the north and south lots regarding the shared storm
water pond be presented to the City for review prior to the City issuance of a certificate of
occupancy.
Vote on Motion: 3-0. Motion declared approved unanimously.
CASE NO. 14-02
SPECIAL HOME OCCUPATION PERMIT - O’DONNELL, 2604 KINGSTON DRIVE
Public Hearing on application for Special Home Occupation Permit to allow a home daycare on the
property located at 2604 Kingston Drive
Planner Kuester explained that the applicant is proposing to care for up to six children, Monday through
Friday from 7:30 a.m. to 5:30 p.m. at her home on Kingston Drive. Mr. Kuester noted that the criteria are
detailed in the staff report, as are staff’s findings. He said that no public comments have been received, and
staff is recommending approval of the application.
Jamie O’Donnell, 2604 Kingston Drive, was sworn in and testified under oath. She stated that the business
will not have an impact on her neighbors. She indicated that several neighbors have expressed support of
the application.
Upon being questioned by Mr. Taylor, Ms. O’Donnell stated that the last pick-up of the day would occur
at 5:30 p.m., with the possibility of an occasional late parent. Mr. Taylor asked if she would object to the
Board imposing conditions that the hours of operation be limited to 7:30 a.m. to 6:00 p.m. Ms. O’Donnell
said that she was agreeable.
Moved by McJimsey, seconded by Ebel, to adopt ORDER NO. 14-02, thereby approving the request for
a Special Home Occupation Permit to allow a home daycare business as a Special Home Occupation at
2604 Kingston Drive, subject to the condition that the hours of operation be limited to Monday through
Friday from 7:30 a.m. to 6:00 p.m.
Vote on Motion: 3-0. Motion declared approved unanimously.
CASE NO. 14-03
SPECIAL HOME OCCUPATION PERMIT - ANDORF, 508 BEEDLE DRIVE
Public Hearing on application for Special Home Occupation Permit to allow a home photography
studio on the property located at 508 Beedle Drive
Planner Kuester stated that the applicant wishes to run a home photography studio specializing in kids and
babies at her home on Beedle Drive. Clients would be seen Monday through Friday, between the hours of
9:00 a.m. to 5:00 p.m. by appointment only.
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The findings of fact were reviewed by Mr. Kuester. He noted that neighboring properties were notified of
the application, and one written objection was received from a property owner on Cochrane Parkway. The
objector’s concerns were related to traffic and the operation of a business in a residential district.
Destri Andorf, 508 Beedle Drive, was sworn in and testified under oath. She stated that she currently has
a commercial space on the east side of Ames, but she plans to move it to her home because she does not
utilize the studio frequently. Ms. Andorf made a correction to the hours of operation and stated that she
would also like to operate on Saturdays and Sundays from 9:00 a.m. to 5:00 p.m. by appointment only. She
indicated that she usually schedules a half an hour in between clients and typically does not see more than
five per day during the winter time. In summer, most of the sessions are done on location and not in the
studio. Because most of her clients are families, Ms. Andorf indicated that there would usually be only one
vehicle per appointment.
After discussion, it was determined that the proposed hours of operation would be Tuesday through Sunday,
9:00 a.m. to 5:00 p.m. Ms. Andorf indicated that the last appointment would be finished by 5:00. Chair
Taylor asked if the different hours of operation changed City staff’s opinion of the impact on the
neighborhood. Mr. Kuester said that staff generally recommends half days on weekends, and oftentimes
home businesses are not operated on Sundays. However, due to the nature of this business, he does not feel
that the impact would be significant and would still recommend approval.
Moved by Ebel, seconded by McJimsey, to adopt ORDER NO. 14-03, thereby approving the request for
a Special Home Occupation Permit to allow a photography studio business as a Special Home Occupation
at 508 Beedle Drive, subject to the condition that the hours of operation be limited to Tuesday through
Sunday, 9:00 a.m. to 5:00 p.m.
Board Member McJimsey expressed concern about the bulk of the business occurring on the weekend. It
was suggested that the starting time be changed to 10:00 a.m. on Saturdays and Sundays. Ms. Andorf said
that the 9:00 time works particularly well for babies. She said that the weekend appointments would have
no greater impact than inviting a friend over. Upon being questioned by Ms. McJimsey, Ms. Andorf
indicated that many sessions only take 15 to 20 minutes. After discussion, the Board determined to leave
the hours of operation as stated in the motion.
Vote on Motion: 3-0. Motion declared approved unanimously.
CASE NO. 14-04
SPECIAL HOME OCCUPATION PERMIT - MCKEE, 1607 BEL AIR DRIVE
Public Hearing on application for Special Home Occupation Permit to allow a home cosmetology
business on the property located at 1607 Bel Air Drive
Mr. Kuester said that the owner of the property at 1607 Bel Air Drive wishes to operate a beauty salon in
her home on Tuesdays, Thursdays, and Fridays from 11:00 a.m. to 7:00 p.m.; Wednesdays from 4:00 p.m.
to 7:00 p.m; and Saturdays from 10:00 a.m. to 2:00 p.m. The business would be by appointment only.
The findings in the staff report were summarized by Mr. Kuester. He noted that one phone call was
received from a neighbor who was concerned about clients parking on the street. Mr. Kuester said that the
applicant has indicated that there is ample off-street parking available in her driveway, so parking should
not be an issue. He stated that staff is recommending approval of the application.
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Tammy McKee, 1607 Bel Air Drive, Ames, Iowa was sworn in and testified under oath. Board Member
Ebel asked if Ms. McKee anticipated seeing the maximum of 10 clients per day. Ms. McKee indicated that
it will vary depending on the day and the service; some clients take up to three hours. Upon being
questioned by Ms. Ebel, Ms McKee stated that she will occasionally work on two clients simultaneously.
She stated that her garage has sufficient space for her vehicle, and her driveway would allow two clients
to be parked side by side so that no one would need to park on the street.
Mr. Kuester noted that Ms. McKee is proposing three eight-hour working days, one four-hour working day,
and one three-hour working day; she would not be able to exceed that without coming back to the Board.
Moved by Ebel, seconded by McJimsey, to adopt ORDER NO. 14-04, thereby approving the request for
a Special Home Occupation Permit to allow a beauty salon located at 1607 Bel Air Drive, subject to the
condition that the hours of operation be limited to Tuesdays, Thursdays, and Fridays 11:00 a.m. to 7:00
p.m.; Wednesdays 4:00 p.m. to 7:00 p.m.; and Saturdays 10:00 a.m. to 2:00 p.m.
Vote on Motion: 3-0. Motion declared approved unanimously.
CASE NO. 14-05
VARIANCE - GAMMA PI OF DELTA TAU DELTA, 2121 SUNSET DRIVE
Public Hearing on application for Variance from the off-street and front yard parking requirements
for the property located at 2121 Sunset Drive
City Planner Jeff Benson stated that the applicant wishes to demolish the Delta Tau Delta Greek fraternity
house and build a new fraternity with 65 beds. He explained that the City Council has established a priority
for Greek houses in the area in an effort to conserve the character and sense of place that exists. Because
of this effort, Mr. Benson said that there are strict standards that must be met in order to receive permission
to demolish a Greek house. He indicated that the applicant will be applying to the City Council for
permission to demolish the existing house in order to construct the proposed new residence.
The project proposal and site plan were reviewed by Mr. Benson. He noted that a parking area within the
property line on the north side of the building currently provides 22 parking spaces. Space on the south side
of Gable Lane provides 10 more spaces for the fraternity under an encroachment permit approved by the
City in 1984. Mr. Benson explained that if the existing building was to be renovated or expanded, this non-
conforming parking would be allowed to remain. When an existing building is demolished and a new
building constructed, the zoning ordinance requires that parking be provided that meets the current zoning
standards. Mr. Benson said that Delta Tau Delta is asking for two variances related to the parking - one for
the parking quantity requirement, and one for the non-conforming front yard parking. He explained that
he would address the application for non-conforming front yard parking first.
The applicable policies and laws, variance criteria, and findings of fact and conclusions were reviewed in
detail by Mr. Benson. He explained that staff has found the front yard parking variance to meet all of the
criteria, and approval is recommended.
Chair Taylor noted that the subject lot is unique in that it is the narrowest thru lot in the area. He said that
he looked up the assessed value of the property, and the land alone is assessed at $350,000. He noted that
it would be unreasonable to remove the fraternity and build a single-family residence on a $350,000 lot.
Mr. Benson concurred; he said that even a four-plex would not provide return for the applicant.
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Stephen Jones, 30530 Doe Circle, Huxley, Iowa, was sworn in and testified under oath. He stated that he
is the President of the Delta Tau Delta Association and is an alumni of the chapter. Mr. Jones gave a history
of the fraternity and building. He indicated that it was built in 1953 with a flat roof 50's style architecture.
He said that they currently can house 56 men, and as proposed they will house 64 plus a staff member. Mr.
Jones indicated that a feasibility study was done, and it was determined that it is in the fraternity’s best
interest to demolish and build new. He asked for the Board’s support to maintain the parking on the north
side of the property.
Moved by McJimsey, seconded by Ebel, to adopt ORDER NO. 14-05a, thereby approving the request for
a variance allowing development of a project at 2121 Sunset Drive with front yard parking on Gable Lane.
Mr. Taylor commented that it is rare for an application to meet all of the variance criteria, particularly the
reasonable return criterion. However, he agrees with staff’s findings that this request does meet all of the
criteria.
Vote on Motion: 3-0. Motion declared approved unanimously.
Mr. Benson reiterated that the applicant is also requesting a variance from the numerical parking standards.
He explained that the current Code requirement is one space per bed, so the new building would need 65
parking spaces. There are currently 32 spaces being used, but 10 are in the Gable Lane right-of-way.
Because the City reserves the right to reacquire the right-of-way at any time, those 10 spaces cannot be
relied upon in the count for the new building. Therefore, the application is for a variance to permit
construction of a new fraternity house with 22 off-street parking spaces.
The variance criteria, as detailed in the staff report, were reviewed by Mr. Benson. He indicated that though
staff found the previous variance to meet all of the criteria, there are two standards that are not met by this
request: that the granting of the variance shall not be contrary to the public interest, and that the plight of
the owners is due to unique circumstances. He noted that the request does meet the reasonable return
criterion, and a cost analysis has been provided by the applicant to help support that finding.
Mr. Benson referred to the public interest criterion as a “bubble item.” If a new Greek house cannot be built
because of the parking requirement, then the public interest in preserving the Greek house neighborhood
will not be met. However, if a new Greek house is built without required parking and if other off-street
parking becomes unavailable, then the public interest in preventing consequences to the general welfare
of surrounding properties will not be met. Therefore, staff has determined that the public interest criterion
has not been met by this application.
With regard to the unique circumstances criterion, Mr. Benson explained that even though the lot is unique
and the configuration is unique, not being able to fit enough parking to support a Greek house is not unique.
The subject property does not present unique circumstances in that the lack of space to meet the parking
standards is a general condition in the neighborhood. Mr. Benson said that this issue is something that
would need to be resolved through policy changes at the City Council level. Discussion ensued regarding
the current requirement as compared to other similar communities.
Board Member Taylor said that he reads the unique circumstances criterion differently. He believes that
this situation is unique in that it is a thru lot with two front yards and is very narrow, which limits the
buildable area. Because of the way the lot is configured, Mr. Taylor thinks that it would be “next to
impossible” to fit 65 parking stalls and still have a reasonable return on the property. He said that aside
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from the need for a change of parking standards in the area, the applicant is facing unique circumstances
that others in the area are not.
With regard to the public interest criterion, Mr. Taylor agreed that it is “on the bubble.” He said that, to
him, the public interest in having a Greek house on the property outweighs the interest in making more
parking available. If the applicant were to somehow configure the space to accommodate 65 stalls, it would
look different than every other property in the neighborhood, which would then not be maintaining the
essential character of the area. In that light, Mr. Taylor thinks that sticking to 22 stalls would be preferable.
Board Member McJimsey said that most of the Greek houses have parking problems, and any one of them
could come and claim unique circumstances because the lots are so varied across the neighborhood. She
said that it is a “Catch 22” for the Council to want to preserve the character while leaving a huge parking
problem for all of the properties in the area.
Patrick Dunn, RDG Planning & Design, 301 Grand Avenue, Des Moines, Iowa, was sworn in and testified
under oath. Mr. Dunn said that there currently exists an overhead electric line along the west property line
that did not previously have an easement. The owner has agreed to provide the easement along the west
property line, which further restricts the use and narrows the property even more so. It is a 5-foot easement,
with a 15-foot separation from the overhead electric line to any improvements, so the setback has increased
on that side of the property. Mr. Stephen Jones added that there is also a retaining wall on the property
between the fraternity and a church, which further complicates the logistics of the site.
Moved by Ebel, seconded by McJimsey, to approve ORDER NO. 14-05b, thereby approving the request
for a variance allowing development of a 65 bed project at 2121 Sunset Drive with the existing parking area
providing 22 off street parking spaces, providing that the findings are made for unique circumstances and
not being contrary to the public interest.
Mr. Taylor reiterated his aforementioned feelings with regard to public interest and unique circumstances.
He said that the granting of the variance will not be contrary to the public interest when one looks at the
character of the neighborhood. If a Greek house cannot be built there because of a quantitative parking
standard, it does damage to the intent of what the City is trying to do in this neighborhood to keep Greek
houses thriving. He also believes that this is a unique parcel. It is narrow, has two front yards, and
testimony was also given regarding the constraints of a retaining wall and easement. He said that it is true
that it is not unique in its parking limitations, but it is unique in terms of the configuration of the property.
Board Member Ebel concurred. Ms. McJimsey said that she could support Mr. Taylor’s comments as well.
Vote on Motion: 3-0. Motion declared approved unanimously.
CASE NO. 14-06
VARIANCE - PETERSEN, 4611 MORTENSEN ROAD
Public Hearing on application for Variance from limitations on a residential use on the ground floor
of a building within Community Commercial/Residential zoning district on the property located at
4611 Mortensen Road
Planning and Housing Director Kelly Diekmann said that the subject property is within the Community
Commercial/Residential Note (CCR). The applicant is seeking refinancing of the property with federal
Housing and Urban Development (HUD) support. HUD financing prerequisites include a requirement that
a housing development includes accessible housing units. In this instance, it requires two dwelling units
accessible to people with disabilities. Therefore, the applicant proposes household living on the first floor
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of the existing building to create two accessible housing units since the existing units on the second and
third floors do not meet the accessibility requirements. Mr. Diekmann noted that the project description,
criteria, and findings of fact and conclusions were detailed in the staff report. City staff is not
recommending approval, as three of the four variance criteria have not been met.
Dickson Jensen, 4611 Mortensen Road, Ames, Iowa, was sworn in and testified under oath. Mr. Jensen said
that he has been developing properties in Ames for over 30 years and has been before the ZBA only one
time; he does not take this sort of meeting lightly. He provided the Board with a history of the property,
noting that his situation is unique because the zoning of this property and the uses allowed have been
changed. He said that in his attempt to refinance the building, he has discovered that the emphasis on
handicapped accessibility has changed, as has the loan process. Banks look for units that are accessible
now; in 2004 that was not an issue. Mr. Jensen indicated that there is thousands of dollars in difference
between HUD and standard financing.
Mr. Jensen said that the request is not contrary to public interest because there is an abundance of
residential housing in that area. With regard to the reasonable return criterion, he said that he will have
reasonable return if he can keep it financed, and he can get a better return under HUD financing. Mr. Jensen
said that the spirit of the ordinance would be maintained because this use was once allowed, but the zoning
has changed. He wants to put 1400 square feet of 30,000 square feet back to what it was. With regard to
the substantial justice criterion, Mr. Jensen asked the Board to look at the big picture and the history of the
area.
Board Member Ebel asked if an elevator could be added to make the second and third floors accessible.
Mr. Jensen said that there is no room to build an addition to include an elevator shaft. If the elevator were
built within the building, several apartment units and commercial space would have to be removed in order
to accommodate it, which would cost several hundred thousand dollars and be economically unfeasible.
Ms. McJimsey inquired about the cost of a mechanical lift. Mr. Jensen said that he does not know the exact
cost, but it would be expensive.
Moved by McJimsey, seconded by Ebel, to deny ORDER NO. 14-06, thereby denying the requested use
variance at 4611 Mortensen Road.
Ms. McJimsey said that she has not heard any evidence to rebut the findings in the staff report. Board
Members Taylor and Ebel agreed.
Vote on Motion: 3-0. Motion declared carried unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by McJimsey to adjourn the meeting at 9:25p.m.
_____________________________________________________________________
Emily Burton, Recording Secretary Gary Taylor, Chair