HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 7-9-20141
MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA JULY 9, 2014
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on July 9, 2014,
in the Council Chambers of City Hall with the following members present: Patrick Brooks, Matthew Koehler,
and Sandra McJimsey. Board Members Susan Bradbury and Shelby Ebel were absent. Staff members Ray
Anderson, Jeff Benson, and Jessica Spoden were also present.
Assistant City Attorney Jessica Spoden noted that only three of the five Board members were present. She
explained that the ZBA could still meet and take action since a quorum was present; however, three concurrent
votes are needed for final action on any item. If there are not three votes for or against an application, that
hearing would be continued to the next meeting when four or more members are present.
APPROVAL OF MINUTES: Moved by Brooks, seconded by Koehler, to approve the minutes of the meeting
of May 28, 2014, as written.
Vote on Motion: 3-0. Motion declared carried unanimously.
CASE NO. 14-17
REQUEST FOR REASONABLE ACCOMMODATION - HABITAT FOR HUMANITY, 821 DUFF
AVENUE
Public Hearing on application for Request for Reasonable Accommodation to allow fiberglass front doors
on the property located at 821 Duff Avenue
City Planner Ray Anderson recalled that the Board had approved an application for a Reasonable
Accommodation for the same applicant and subject property at its meeting in April. This new request is
regarding the material of the front doors of the proposed duplex on the subject property. Mr. Anderson explained
that the subject property is located in the Downtown Historic District, and as such, new materials must be
consistent with the historic materials in size, design, composition, and texture. The required historic material
for the front doors is wood, and the applicant is requesting approval to use insulated fiberglass doors instead.
Mr. Anderson explained that the request is based upon the physical limitations of the future residents, who are
both quadriplegic, and their ability to live in and maintain their home. The applicant states that the fiberglass
doors would hold up better than wood to damage from contact by wheelchairs used by the occupants, particularly
for exiting the front doorway. Wood materials are subject to denting to a much greater extent than fiberglass
material.
Mr. Anderson reviewed the Preservation Standards, applicable laws, and findings of fact and conclusions as
detailed in the staff report. He explained that the Planning and Housing Department concluded that the
requirement for the historic front door materials is not acting as a barrier to fair housing. Staff feels that the main
issue is the initial cost of installation and long-term maintenance obligation. Based on its findings of fact, City
staff is recommending denial of the application.
John Lott, 823 Douglas Avenue, Ames, was sworn in and testified under oath. He explained that his firm,
Benjamin Design Collaborative, is the architect for this project. Mr. Lott pointed out that Chapter 31 (Historic
Preservation) was written for and applies to alterations to existing historic structures. This is the first time since
the adoption of the current Chapter 31 that new construction has occurred in the District. Mr. Lott stated that
all of the homes in the District were built with the best materials available at the time. At that time, old growth
wood was the best available. However, today’s environment is different. It is difficult to get quality wood doors;
they swell, don’t fit well, and are soft because old growth lumber is not used anymore. Most builders are using
2
the best material available today, which is either insulated fiberglass or insulated steel. Mr. Lott indicated that
the fiberglass door would be painted, and would have the same texture and appearance as a wood door. Over
time, a wood door would show evidence of how the occupants get in and out of the door. A storm door is not
an option because it would not be operable with a wheelchair. Mr. Lott said that it is a responsible decision to
use fiberglass doors in this situation, particularly because this is new construction.
Jim Shelledy, 732 16 Street, Nevada, Iowa, was sworn in and testified under oath. Mr. Shelledy stated that heth
is the Construction Supervisor for Habitat for Humanity. Upon being questioned by Board Member Brooks, he
indicated that the cost for one wood door is approximately $2,500, and a fiberglass door is around $500. Chair
McJimsey inquired about the possibility of finding wooden doors from restoration suppliers. Mr. Shelledy
indicated that Habitat for Humanity has a policy of not using used materials. He said that this was a possibility,
but the option was not investigated thoroughly due to Habitat’s policy.
Don Jaspering, 1208 Adams Street, Ames, stated that he is the father of one of the future residents. Mr. Jaspering
said that it is difficult for his daughter to navigate through doors, and without a storm door, it is hard on the
material. He said that it is more than just preventing dents by adding a metal kick plate; the problem is also how
difficult it is to operate. Wood doors are heavier. Because a storm door is not navigable, weather would be more
damaging to a wood door. Fiberglass doors swing open freely and handle weather better.
Board Member Koehler said that he does not think the initial cost and maintenance of the door is directly related
to the need for accommodation, but the weight of the door is. Ms. McJimsey concurred. Mr. Lott added that
these front doors will be used primarily for the residents to get out on to the front porch and enjoy the outdoors;
however, they may need to be used in an emergency. Wood doors change with humidity and swell in the
summertime, and that is an issue for someone who cannot operate a door in a typical manner. Board Member
Brooks agreed. He said that people in wheelchairs have an uncommon difficulty in traversing doors, and this
accommodation is not unreasonable. He believes this is the kind of example that the Council had in mind when
this type of application was created.
Shelly Jaspering, 1217 Curtiss Avenue, Ames, stated that she is one of the future residents of the home. She said
that if there is a fire in the kitchen and she has to get out the front door, she would like to know that the door will
be able to open.
Moved by Brooks, seconded by Koehler, to adopt ORDER NO. 14-17, thereby approving the Request for
Reasonable Accommodation to allow relief from the requirement of historic materials, i.e. wood, in the
Alteration Area, as described in Ames Municipal Code Chapter 31 Historic Preservation Districts regulations,
for the two-family dwelling under construction on the property located at 821 Duff Avenue.
Roll Call Vote: 3-0. Motion declared adopted unanimously.
CASE NO. 14-20
SPECIAL HOME OCCUPATION PERMIT - THOMPSON, 4630 TWAIN STREET
Public Hearing on application for Special Home Occupation Permit to allow a reptile breeding and sales
business on the property located at 4630 Twain Street
City Planner Jeff Benson explained that Mr. Kyle Thompson resides at the subject property and seeks a permit
for a reptile breeding and sales business. Mr. Thompson would like to breed snakes and sell them, with most
of the transactions done via the internet. Mr. Benson noted that the applicant has snakes in the residence, which
is a separate issue from the request for a home business. In Ames, a person is allowed to have snakes in their
residence if they follow animal control regulations. The Ames Animal Control Department has determined that
the applicant is in compliance with the standards for owning the snakes. He currently owns 44, 15 of which are
6 feet or more in length. Mr. Thompson expects to have 20 to 24 snakes this year, raise them to a certain size,
3
and then ship them to buyers. The business is seasonal in nature, and there are periods of time during the year
when there would be a lot of activity.
The applicable law, home occupation criteria, and findings of fact and conclusions were reviewed by Mr.
Benson. He said that the Ames Municipal Code allows for home occupations to permit residents a broad choice
of livelihood or to supplement incomes. The Code, however, is intended to protect residential areas from the
adverse impacts of such activities. Due to the nature of the business as described in the application, it can be
concluded that the proposed use will not alter the normal residential character of the area. However, under
certain circumstances, the proposed business could be perceived as a nuisance to some and become a safety
hazard. This is most likely to happen due to carelessness or unforeseen circumstances. In either case, the
business could affect the use and enjoyment of neighboring properties. Mr. Benson noted that staff had prepared
options for the Board in the staff report, one of which is to approve the application with conditions. He said that
staff’s recommendation of approving the application was not based on whether or not the applicant can have
snakes in the home, but rather the issue of operating a business from the home. Mr. Benson noted that since the
writing of the staff report, several emails and comments have been received in opposition to the request.
Board Member Koehler asked for specific facts and results with regard to the Animal Control requirements and
inspection. Kathy Brown, City of Ames Animal Control Officer, stated that three inspections have been
conducted in the past year. One inspection was done on May 15, and the applicant was given until June 15 to
comply with sizing requirements and locks, two items that were out of compliance at the time of inspection. At
the time of reinspection in June, all items were in compliance. Board Member Brooks noted that one of the
written comments received by the Board referenced a State Code section about dangerous animals. Assistant
City Attorney Jessica Spoden said that she researched the State Code section, and it only applies to certain
dangerous snakes as defined by the State of Iowa, none of which the applicant has. The breeds in the State Code
section are not allowed in Ames.
Chair McJimsey asked for a description of a typical inspection. Ms. Brown stated that she checks to make sure
that the animals are properly taken care of, that the cages are clean, and appropriate food is given to the animals.
Upon being questioned by Ms. McJimsey, Ms. Brown indicated that the City Code does not have a limit on the
number of snakes one owner can have. She said that a rental property could set its own rules. The City contacted
the property management company for the subject property during the inspection period and has received no
comment. Further details about the inspection process were discussed. Ms. Brown indicated that she would like
to make inspections at the business at least every six months, if not more frequently.
Kyle Thompson, 4630 Twain Street, Ames, was sworn in and testified under oath. He said that he has been
keeping reptiles for 20 years now, and his hobby has grown into a small business. Mr. Thompson said that he
wanted to allay some of the general fears about snakes, and described the typical behaviors of the Burmese
Python. He indicated that the snakes are very docile and like warm temperatures. The room in which he keeps
the snakes is markedly warmer than the rest of the house, so a snake would likely not exit the room if it were
able to. He said that none of the neighbors would even see the snakes. They are kept in large cages behind locked
doors in his locked house. There are circumstances when a snake might be transported, such as an expo show,
demonstration at the ISU Veterinarian College, or to be shipped to a buyer. When transported, the snake is put
inside a zip-tied reptile bag, inside an insulated box, inside another cardboard box, which is wrapped and sealed.
Mr. Thompson said that he understands that people have a fear of snakes, and that many neighbors have
expressed concern about their safety. He said that he walked around to the neighbors before the meeting, and
five of seven neighbors he spoke with signed statements that they do not oppose the business. Said statements
were submitted to the record.
Mr. Thompson described the maintenance and care of his animals. He said that he can easily maintain the
number that he has now, and would still be able to even if his number of snakes tripled. He expressed concern
4
about City staff’s recommendation that the number of breeding pairs be limited to eight. Ideally, he would like
40 or 50 breeding size females. Mr. Thompson said that he has put many hours and thousands of dollars into
his business, with very little return. It is an emotional investment and a passion. He said that it would be very
difficult to maintain without a revenue source.
The business operations, including square footage of the home, safety precautions, feedings, breeding cycles,
and shipping, were discussed with the Board at length.
Rodrick Eldridge, 4708 Twain Street, Ames, stated that he opposes the application. He believes that the business
would negatively affect his property value should he decide to sell in the future. Furthermore, if it were to
become a business and even more snakes would be present at the home, he feels that he would not be able to
enjoy his backyard as much for fear that a snake may escape, regardless of safeguards.
Jackie Schutt, 4617 Twain Street, Ames, stated that her daughter goes to Iowa State and lives at the address
given for record. She said that she would not have purchased the property for her daughter had she known that
there were numerous snakes being kept in a nearby residence. She, too, is concerned about resale value and
safety issues.
Carrie Copley, 608 Poe Avenue, Ames, stated that she opposes the application. She said that the area is a
residential neighborhood, with many people out and about, as well as a new elementary school nearby. Ms.
Copley said that this is a business and belongs in a commercial zone. Although rare, mistakes happen and a
snake could escape. She said that the chances of a mistake happening would increase exponentially if the number
of snakes tripled.
Megan Jurgens, 4611 Webster Street, Ames, echoed the concerns of the previous speakers. She questioned the
City’s ability to ensure that the business was being safely maintained if the application were approved.
Kathy Terrell, 4634 Twain Street, Ames, stated that she lives next door to the subject property, and is also a
renter. She indicated that she has spoken with Mr. Benson, the property manager, and Mr. Thompson. She
appreciates that he is passionate about the business and believes that he is very responsible. However, accidents
can happen. Ms. Terrell said that she is personally not frightened of snakes, but she would feel uneasy having
her grandchildren in her backyard. She said that it may be irrational, but it is how she feels.
Kendra Mosman, 2321 Sundown Drive, Ames, stated that she is the property manager of Prime Properties of
Iowa, which owns 4634 and 4636 Twain Street. She echoed concerns of the previous speakers. Ms. Mosman
submitted for the record an article about constrictor snake attacks. She is concerned about not being able to find
renters in the future if the business is approved.
Mr. Thompson responded to some of the concerns raised by the neighbors. He emphasized that he is not looking
to operate as a pet store. Whether his permit is approved or denied, the animals will stay in his home. If the
application is approved, the neighbors would not know that anything was different. Mr. Thompson said that he
has had the snakes at his residence for two years and has not had any issues; the neighbors did not know that
they were there. He urged the Board to approve his application.
Board Member Brooks said that he is not afraid of snakes, and has always been taught that they are “friends.”
However, when a person buys a home or rental property, they have a right to expect a certain level of protection.
A home should be a safe refuge where one feels comfortable. Mr. Brooks said that there has to be a very strong,
persuasive argument made for him to say that something is allowed. In this situation, he thinks the Board needs
to take into consideration the attitude of the people who live nearby. He believes that Mr. Thompson is
responsible and would do a very good job. However, this is still a residential area, and people don’t buy a home
expecting to be next to a home occupation business, especially something as emotional as this issue that they
5
feel will affect their property values. That is not a burden that he wishes to impose on the neighbors. While he
personally may feel that the concerns and fears are more based on emotion than fact, they are still real.
Board Member Koehler agreed. He thinks that Mr. Thompson is responsible and has the ability to care for the
animals. Furthermore, whether the Board passes the application or not, he will have these animals at his home,
and there is nothing that can be done to change that. However, he can sympathize with the neighbors, and
believes that the Board should protect their interests. Chair McJimsey concurred. She believes that this type of
business should be located in a commercial area, where people have a choice to avoid the area if they choose.
This type of use is incompatible with the residential neighborhood.
Moved by Koehler, seconded by Brooks, to deny ORDER NO. 14-20, thereby denying the request for a Special
Home Occupation Permit to allow a reptile breeding and sales business at 4630 Twain Street, based on the
Board’s findings that the proposed Special Home Occupation will impose impacts that cannot be reasonably
mitigated.
Roll Call Vote: 3-0. Motion declared carried unanimously.
CASE NO. 14-21
SPECIAL HOME OCCUPATION PERMIT - SHIMKUS, 3206 JOY CIRCLE
Public Hearing on application for Special Home Occupation Permit to allow a home massage business
on the property located at 3206 Joy Circle
Planner Benson explained that the applicant, Christine Shimkus, would like to operate a massage business from
her home. The proposed hours of operation are weekdays from 1:00 p.m. to 7:00 p.m., and Saturdays from 9:00
a.m. to 5:00 p.m. The number of patients would be limited each day, and appointments would be scheduled with
30 minutes in between in order to avoid overlap. Mr. Benson said that there is a driveway on the property, with
a total of six available off-street parking spaces. He noted that the criteria and findings of fact and conclusions
are listed in the staff report. Staff has found the application to meet all of the criteria, and approval is
recommended.
Christine Shimkus, 3206 Joy Circle, Ames, was sworn in and testified under oath. She said that she received
a favorable email from a neighbor voicing support of the business. Several other neighbors have also expressed
support.
Chair McJimsey said that the proposal is very straightforward and fits in well in the area.
Moved by Brooks, seconded by Koehler, to adopt ORDER NO. 14-21, thereby approving the request for a
Special Home Occupation Permit to allow a licensed massage therapist at 3206 Joy Circle, subject to the home
occupation being operated as described in the application and staff report.
Roll Call Vote: 3-0. Motion declared adopted unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by Brooks, seconded by Koehler, to adjourn the meeting at 9:00 p.m.
__________________________________________________________________
Emily Burton, Recording Secretary Sandra McJimsey, Chair