HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 5-28-20141
MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA MAY 28, 2014
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on May 28, 2014,
in the Council Chambers of City Hall with the following members present: Patrick Brooks, Shelby Ebel,
Matthew Koehler, and Sandra McJimsey. Board Member Susan Bradbury was absent. Staff members Jeff
Benson and Jessica Spoden were also present.
APPROVAL OF MINUTES: Moved by Koehler, seconded by Ebel, to approve the minutes of the meeting
of May 14, 2014, as written.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 14-12
SPECIAL USE PERMIT - ANTE, 2100 EAST 13 STREETTH
Public Hearing on application for Special Use Permit to allow a Retail Sales and Services - General use
greater than 3,000 square feet in the General Industrial Zone on the property located at 2100 East 13th
Street
City Planner Jeff Benson stated that the subject property is located on the south side of East 13 Street. Theth
property is within the General Industrial (GI) Zoning District, which extends along 13 Street to Interstate 35.th
Properties on the north side of 13 Street are designated as Convenience Commercial Node (CCN) andth
Highway-Oriented Commercial (HOC). Mr. Benson explained that certain commercial uses are allowed in the
GI zone, including retail sales and services. However, if the use is over 3,000 square feet, a Special Use Permit
is required. The ZBA’s review of the Special Use Permit is to ensure that the use is appropriate and is not
impacting other uses around it.
The project description was reviewed by Mr. Benson. He stated that it is important to distinguish what type of
use is being proposed. The proposed business, Crossfit Oxygen, is based on a scheduled or workout training
session format, rather than as a generally open to the public fitness or health club facility. City staff considers
it to be a personal business service, not a recreation use. Mr. Benson explained that fitness clubs and
gymnasiums are in a different zoning category. Because the proposal has classes and is structured, it is
considered retail sales and service. He said that if the Board approves the permit, the business would be required
to operate in this manner; it is important for the Board to base its decision on this particular way of doing
business.
Mr. Benson reviewed the criteria and findings of fact as written in the staff report. He explained that City staff
is recommending approval of the application, based upon the findings of fact and conclusions.
Upon being questioned by Board Member Koehler, Mr. Benson explained that 5,000 square feet is the maximum
area that the business could occupy. The approval would be specific to the use, size, and location as described.
Noting that the scheduled activities differentiate this proposal from a recreational use, Chair McJimsey inquired
as to how this is enforced. Mr. Benson explained that all of the City’s Zoning Ordinances are enforced on a
complaint basis. If someone believes that the business is not operating as approved, they can notify City staff.
Ms. McJimsey asked if the Board should make approval conditioned on the business operating as a scheduled
activity. Assistant City Attorney Jessica Spoden said that it would be the Board’s preference. A Decision &
Order is written after the Board’s action, and the business operation will be described therein. If the business
were to operate differently than presented, the permit could be revoked.
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Kyle Van Winkle, 3815 Berkshire Avenue, Ames, Iowa, was sworn in and testified under oath. He stated that
he is one of the owners of the business and would be the manager of this location. He explained that this location
is desirable because of its size. The business desires to offer speed/running training, and this facility would
accommodate approximately 25 yards of artificial turf so the training could be done year-round. He stated that
the class sizes are small, so parking would not be an issue. An instructor would be present for each class, and
classes are on a set schedule every day. He said that the business would be a training facility.
Mr. Koehler noted that other similar facilities often run circuits outdoors. He said that it may be dangerous to
hold activities outdoors at this location, due to the proximity of the Manatt’s business. Mr. Van Winkle indicated
that there is a separate driveway for Manatt’s, and if activities were held outdoors, participants would never go
outside of their parking lot area or cross over the Manatt’s drive. He indicated that he has a good working
relationship with Manatt’s; they have offered to let him use some of their grass for training. If that area were
utilized, participants would walk across to the area before commencing with training.
Upon being questioned by Ms. McJimsey, Mr. Van Winkle indicated that workout sessions can be either group
activities or one-on-one. Most of the time, classes are a group of 12 or fewer. One-on-one sessions would be
scheduled ahead of time; walk-in appointments would not be allowed.
Moved by Brooks, seconded by Ebel, to adopt ORDER NO. 14-12, thereby approving the Special Use Permit
to allow 5,000 square feet of Retail Sales and Service - General use at 2100 East 13 Street, based upon theth
findings and conclusions in the staff report.
Roll Call Vote: 4-0. Motion declared adopted unanimously.
CASE NO. 14-15
VARIANCE - KINGLAND CAMPUS PROPERTIES, 2422 LINCOLN WAY
Public Hearing on application for Variance to allow construction of a parking structure with a rear
setback that is less than the minimum required setback of 10 feet in the Campustown Service Center Zone
for the property located at 2422 Lincoln Way
Planner Benson stated that the subject property is located on Lincoln Way between Welch and Stanton Avenues.
The site was formerly occupied by several buildings, which have recently been demolished. The applicant
intends to develop a three-story, 75,000-square-foot building with retail and office uses. Although the
Campustown Service Center (CSC) Zoning District does not require parking for commercial uses, this project
includes about 115 parking spaces extending from Welch Avenue to Stanton Avenue. The parking area will
include 22 spaces of surface parking and 93 spaces in a two-level parking structure across the east half of the
property. The structure is designed to appear “at grade” as viewed from the east along Stanton Avenue, where
the top level entrance would be located. The lower level would be accessed from Welch Avenue and would
appear as a one-story structure with the top level similar in height to the adjacent property to the south. The
variance request is related to the parking structure configuration.
Mr. Benson explained that the minimum required building setback from the rear lot line in the CSC zone is 10
feet. The rear setback for the subject property is along the south property line. The south property line shifts 7.98
feet to the north at a location 190 feet west of the southeast corner, and the south property line continues 190.33
feet to the southwest corner. The applicant is requesting a variance to eliminate the rear setback for a length of
between 45 to 85 feet to the west of the shift in the alignment of the south property line.
The variance criteria and findings of fact and conclusions from the staff report were reviewed in detail by Mr.
Benson. He noted that City staff has found the request to meet all of the criteria, and approval is recommended.
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Jeff Gorball, 1401 6 Avenue South, Clear Lake, Iowa, was sworn in and testified under oath. Mr. Gorballth
submitted an Adjoining Property Owner Statement, and indicated that the listed properties had no objection to
the proposal. He echoed City staff’s interpretation that the request meets the standards in the Zoning Ordinance,
and he asked for the Board’s support.
Moved by Ebel, seconded by Koehler, to adopt ORDER NO. 14-15, thereby approving the request for a Variance
to eliminate an 85-foot long segment of the rear setback at 2422 Lincoln Way for the construction of an
underground and at grade parking structure and trash enclosure, based upon the findings of fact and conclusions
in the staff report.
Roll Call Vote: 4-0. Motion declared adopted unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by Brooks, seconded by Koehler, to adjourn the meeting at 7:49 p.m.
__________________________________________________________________
Emily Burton, Recording Secretary Sandra McJimsey, Chair