HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 9-24-2014
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MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA SEPTEMBER 24, 2014
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on
September 24, 2014, in the Council Chambers of City Hall with the following members present:
Susan Bradbury, Shelby Ebel, Sandra McJimsey, and Matthew Koehler. Board Member Patrick
Brooks was absent. Staff members Jeff Benson and Mark Lambert were also present.
APPROVAL OF MINUTES: Moved by Bradbury, seconded by Ebel to approve the minutes of
the meeting of August 27, 2014, as written.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 14-22
SPECIAL USE PERMIT – Iowa Wireless Services, LLC, 106 South Dakota Avenue
Public Hearing on application to amend the Special Use Permit to allow for the installation
of exterior mounted antennas on the existing cellular tower located at 106 South Dakota
Avenue
City Planner Jeff Benson displayed a location map and site plan for the project. Iowa Wireless
Services, LLC is requesting approval of an amended Special Use Permit to install a fourth
providers antennas on the exterior of an existing “stealth” monopole at 106 South Dakota
Avenue, which is the location of the Ames Women’s Club. The monopole and existing ground
equipment by US Cellular are located in an area lease that measures 50’ feet by 50’ feet.
Mr. Benson explained that Iowa Wireless is proposing to add new equipment for the site that will
occupy an area in the middle of the existing lease area measuring approximately 13 feet by 10.75
feet. The existing monopole is located as follows in accordance with required setbacks of the
zoning code: 88 feet from the north right of way line; 60 feet from the east property line; 168 feet
from the south property line; and 137 feet from the west property line. He also noted that the
permit meets the conditions required for a Special Use Permit because it is a tower that already
exists.
There are four locations for cellular equipment to be mounted on the interior of the existing
monopole. US Cellular occupies the top three cell equipment locations and Verizon occupies the
lowest location on the monopole. Mr. Benson explained that with all four interior locations
filled, Iowa Wireless is proposing to mount three 4G antennas to the exterior of the tower at an
elevation of 75 feet. The mounting detail submitted indicates the antennas will extend off of the
tower approximately 25 inches, with the cables running down the length of the tower attached
with steel bands and brackets mounted every 4 feet. It would also include two vertical support
poles with the antennas attached to the poles. The size of the antennas and attachments are 8 feet
in height.
Mr. Benson expressed that Iowa Wireless could not modify the tower to accommodate any
additional interior mounted antennas due to the material needs for transmission of interior
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mounted antennas that that the interior of the monopole is already at capacity with cables from
the existing four mounting locations.
Board Member McJimsey inquired if any comments had been received from the owners who
were notified of the application. Mr. Benson noted that the only comments received were
inquiries as to what the case is; no specific feedback related to the case itself. Ms. McJimsey also
asked about FCC licenses and whether or not they have an expiration or renewal term beca use it
would be important for the license to be current. Mr. Benson was not sure whether or not there
was an expiration or renewal term.
Pete McNally, 225 42nd Street, Des Moines, IA, was sworn in and testified under oath. He stated
that he works for the Grinnell Group representing Iowa Wireless and thanked the board for their
time. Mr. McNally explained that Iowa Wireless just recently acquired T Mobile in the
Ames/Des Moines market area by expanding coverage and updating technology to 4G. He noted
that they already have several tower sites that exist in Ames.
Mr. McNally gave a summary of how stealth tower poles typically look and operate and
explained that the tower is full of antennas on the inside of the tube, but they still need to expand
and there is no more room on the inside of the pole. He described the challenge this presents to
Iowa Wireless because they either need to have exterior antennas on the tower, or build a new
tower. Mr. McNally noted the condition that has been suggested by staff and expressed that he
would like the condition to be applied if only structurally feasible for the tower. He also said that
some flexibility in the language of the condition to work with staff would be great, as well. In
response to Member McJimsey’s question regarding an expiration date, Mr. McNally said that
Iowa Wireless has an FCC license and that the license expires every three years.
Council Member Ebel explained that the board learned at the last meeting that monopole cell
towers can collapse into themselves if made to, and wondered if this pole had the capability to do
so.
Mr. McNally was not sure if this tower had that capability, but that the pole must be able to
sustain 90 mph wind gusts with an inch of ice on it. He also displayed a drawing with the
mounting hardware that would be bound around the outside of the pole.
Council Member Bradbury questioned if Mr. Benson knew whether or not the tower had the
capability to collapse into itself and wondered if that information might be in the previous staff
report for the Special Use permit that was issued in 2003. Mr. Benson noted that the 2003 staff
report did not indicate whether or not the tower had the capability to collapse into itself.
Council Member Bradbury wondered how the tower would collapse if the antennas were added.
Mr. McNally expressed that the pole will continue to collapse however it was designed to
originally and that it will continue to do the same thing with the antennas that are proposed to be
added.
Council Member Koehler made a motion to approve alternative #1 with the exception that the
word conduit be replaced with the words additional casing in the condition presented and
suggested by staff.
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Moved by Koehler, seconded by Bradbury, to adopt ORDER NO. 14-22, thereby approving the
request to amend the Special Use Permit to allow for the installation of exterior mounted
antennas on the existing cellular tower located at 106 South Dakota Avenue, based upon the site
plan, project description, applicable law, and findings of fact and conclusions, with the following
condition:
1. The coaxial cable shall be enclosed within additional casing along the outside of the
monopole and painted gray to match the surface of the monopole if structurally
feasible.
Roll Call Vote: 4-0. Motion declared adopted unanimously.
CASE NO. 14-25
SPECIAL HOME OCCUPATION PERMIT – Kurt and Rachel Weiss, 124 Hartford Drive
Public Hearing on a Special Home Occupation Permit for a Family Day Care Home at 124
Hartford Drive
City Planner Jeff Benson displayed a map with the proposed permit location. Rachel Weiss has
submitted an application to request approval to allow a Family Day Care Home business. The
day care home business would allow for up to six children Monday through Friday from 7:30
a.m. to 5:30 p.m. Mr. Benson explained that the applicant has noted that the business will not
interfere with the surrounding residences and would not require any revisions to the home to
accommodate the proposed business. The applicant is proposing 210 square feet of the first floor
for the home daycare business. Mr. Benson noted that the home also has a two car garage and
some on street parking for drop off and pick up of children.
Council Member Ebel questioned if six children included the applicants own children or if it is
six children in addition to their own children.
Mr. Benson noted that they are allowed six children in addition to their own children.
Council Member McJimsey inquired if there had been any comments or concerns from the
surrounding residents and Mr. Benson stated that there were no problems or concerns brought to
his attention from any of the surrounding property owners.
Rachel Weiss, 124 Hartford Drive, was sworn in and testified under oath. Ms. Weiss expressed
that she would be happy to answer any questions the board might have for her.
Council Member Bradbury inquired what the law is for number of children per one employee.
Ms. Weiss replied stating that the law requires one employee per six children.
Council Member McJimsey stated that it appears there would be no activity that would affect the
neighbors, but inquired if there would be any noise from the children that would be disruptive.
Ms. Weiss responded that they have an outdoor play area they will be accessing but all of the
neighbors would be at work during the time the play area would be in use so noise should not be
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a problem. Ms. Weiss also expressed that she does not have a fenced in yard; however, there’s no
state law that requires a fenced in yard for a home daycare business.
Moved by Ebel, seconded by Bradbury, to adopt ORDER NO. 14-25, thereby approving the
request for a Special Home Occupation Permit at 124 Hartford Drive, based on the findings of
fact and conclusions.
Roll Call Vote: 4-0. Motion declared adopted unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by Ebel, seconded by Koehler, to adjourn the meeting at 7:45 p.m.
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Erin Cain, Recording Secretary Sandra McJimsey, Chair