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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 3-12-20141 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA MARCH 12, 2014 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on March 12, 2014, in the Council Chambers of City Hall with the following members present: Patrick Brooks, Elizabeth Erbes, Sandra McJimsey, and Gary Taylor. Board member Ebel was absent. Staff members Ray Anderson, Jeff Benson, and Mark Lambert were also present. APPROVAL OF MINUTES: Moved by McJimsey, seconded by Erbes, to approve the minutes of the meeting of February 12, 2014, as written. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 14-09 SPECIAL HOME OCCUPATION PERMIT - VANDER VEEN-GABLE, 723 RIDGEWOOD AVENUE Public Hearing on application for Special Home Occupation Permit to allow a native wine producer and wholesaler home business on the property located at 723 Ridgewood Avenue City Planner Jeff Benson explained that the owner of the property at 723 Ridgewood Avenue desires to operate a native winery from her home. He noted that the Zoning Code provides a list of permitted home occupations that may be approved administratively by City staff. If the proposed use is not on the list, approval by the ZBA is required. Mr. Benson stated that the application describes a business that will have little, if any, impact on its surroundings. There will be no customer visits, no extra vehicles, and no employees other than the two residents of the home. The applicant does not anticipate significant deliveries, and product will be taken by the residents to other retail establishments. The business would occupy approximately 15% of the home’s square footage, which is under the maximum allowed. Mr. Benson said that the application meets all of the standards given, and approval is recommended. He noted that a State license is required to produce wine for commercial purposes, and recommended that approval be conditioned on the applicant obtaining said license. Upon being questioned by Board Member McJimsey, Mr. Benson indicated that this business is not subject to City health and sanitation inspections. Chair Taylor asked if any comments had been received by neighbors. Mr. Benson indicated that he received two phone calls. Both callers inquired about any change in the property and a possible precedent that this business would set. After conversation with Mr. Benson, neither caller protested the application. Amber Gable, 723 Ridgewood Avenue, Ames, Iowa, was sworn in and testified under oath. Upon being questioned by Mr. Taylor, Ms. Gable indicated that she is in the process of obtaining a license from the State of Iowa. The State requires proof that she has obtained permission from the City to operate in the residential zone. Moved by Brooks, seconded by McJimsey, to adopt ORDER NO. 14-09, thereby approving the request for a Special Home Occupation to allow a winery business as a Special Home Occupation at 723 Ridgewood Avenue, subject to the condition that the applicant obtain the required State license. Vote on Motion: 4-0. Motion declared approved unanimously. 2 CASE NO. 14-08 VARIANCE - O’ROURKE, 1515 FLORIDA AVENUE Public Hearing on application for an amendment to the conditions of approval for a Variance granted to allow the construction of self-storage facilities on the property located at 1515 Florida Avenue City Planner Ray Anderson explained that the ZBA approved a variance on March 10, 2010, to allow the use and construction of a self-storage facility on the subject property. The approval contained a number of conditions, two of which the applicant is seeking amendments to. Mr. Anderson explained that condition (1.a) on the previous approval stated that the applicant must use “open security fencing that is also ornamental and of metal materials.” The applicant is now proposing black vinyl-coated chain link fencing instead. Additionally, condition (4) stated “that brick is used as the primary exterior material on the residential/office building.” Since the time of the original approval, the applicant has made changes to what type of building will be constructed; there is no longer a need for a residential/office building. Mr. Anderson explained that the applicant intends to construct a building that will house a kiosk which will enable automated transactions on site for rental of units and monthly payments. This kiosk eliminates the need for an on-site manager and residence as previously proposed. Because the building plans have changed, the applicant proposes to use brick on only two sides of the building rather than using it as the primary exterior material. Mr. Anderson stated that the previous conditions of approval were based on a standard in Table 29.801(2)(b)(iii), which states that the use authorized by the variance will not alter the essential character of the locality. In order to not alter the essential character, staff believes the conditions are needed. The applicant has met all of the other conditions, with the exception of the fencing and brick. Mr. Anderson explained that City staff was supporting the applicant’s request to reduce the amount of brick as shown on the provided site plan in the packet. However, with regard to the fence, staff is recommending that the ornamental fence be maintained on the south and west property lines because they abut residential uses. He said that the black chain link fence could be allowed on east and north sides where the property lines abut commercial/industrial uses. Chair Taylor noted that the Board received three letters from neighbors, and the content of all three appeared to be opposing the use itself. He noted that the use itself is not in question with this application. Mr. Anderson concurred; he said that the use was approved in 2010, and this application is only to alter two conditions of the approval. Steve O’Rourke, 5300 Hickory Hills Drive, Ames, Iowa, was sworn in and testified under oath. Mr. O’Rourke stated that when he brought the proposal to the Board in 2010, he had not done extensive research on fencing at that time. Now that the project is moving forward, he has researched materials and found that ornamental aluminum fencing can be easily bent by plows or by people who wish to enter the site through the fence. He indicated that he is trying to make the site secure, and he believes the chain link fencing will provide more security and will be more durable. Mr. O’Rourke noted that there are many homes in the area with chain link fencing. Board Member McJimsey inquired as to whether or not Mr. O’Rourke would be amenable to ornamental steel fencing instead of aluminum. Mr. O’Rourke indicated that there is a significant cost difference between the two materials. He noted that the chain link fencing is steel coated in vinyl. Discussion ensued regarding aesthetics of the fencing. Board Member Erbes noted that in addition to the fencing, the applicant 3 will be providing landscaping as well. She offered that the fencing may “disappear” somewhat when the landscaping grows in. Ms. McJimsey expressed concern that what the applicant is proposing does not meet the intent of what was originally passed. She thinks that the brick request makes sense, but she believes the fencing requirement should remain. Mr. O’Rourke showed the Board photographs of the area and indicated that it is a largely industrial feel. The residential properties are approximately 46 feet from his property line; he does not feel that the ornamental fence should be necessary considering the layout of the area. Ms. Erbes agreed that the subject property is not very close to the neighbors. Chair Taylor noted that nothing has changed on the property since the 2010 approval. He asked if it still falls within the Board’s discretion to amend conditions to the variance absent a change of circumstances. Assistant City Attorney Mark Lambert said that a change in circumstances is not necessary, and it is not uncommon for such a request to be granted by the Board. Board Member Brooks said that he does not have a problem with the chain link fence, but he is also fine with the ornamental fence. Moved by Brooks, seconded by Erbes, to approve the request for an amendment of the Conditions of Approval, as proposed by the applicant, to the “Use Variance” granted on March 10, 2010, to allow self- storage facilities as a use of the property located at 1515 Florida Avenue. Vote on Motion: 3-1. Voting Aye: Taylor, Brooks, Erbes. Voting Nay: McJimsey. Motion declared approved. COMMENTS: Board Member McJimsey noted that it was the last meeting for Board Members Elizabeth Erbes and Gary Taylor. She thanked them for their service to the community. ADJOURNMENT: Moved by McJimsey, seconded by Erbes, to adjourn the meeting at 7:37 p.m. _____________________________________________________________________ Emily Burton, Recording Secretary Gary Taylor, Chair