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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 10-22-2014 1 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA OCTOBER 22, 2014 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on October 22, 2014, in the Council Chambers of City Hall with the following members present: Susan Bradbury, Shelby Ebel, and Matthew Koehler. Board Members Patrick Brooks and Sandra McJimsey were absent. Staff members Karen Marren and Jessica Spoden were also present. APPROVAL OF MINUTES: Moved by Bradbury, seconded by Koehler to approve the minutes of the meeting of October 8, 2014, as written. Vote on Motion: 3-0. Motion declared carried unanimously. CASE NO. 14-29 VARIANCE – BSB Design, Inc., 2136 Lincoln Way Public Hearing on application for Variance to reduce the off-street parking requirement on the property located at 2136 Lincoln Way City Planner Karen Marren displayed a location map and site p lan for the project, Sigma Chi fraternity, which is within the Residential High Density (RH) zoning district and the East University Impacted Area (O-UIE) overlay zoning district. It is located south of Lincoln Way across from the Iowa State University (ISU) campus, on the southeast corner of Lincoln Way and Gray Avenue. To the west is Buchanan Hall, which is a student residence hall and to the east and south are fraternities and sororities. Ms. Marren noted that 2136 Lincoln Way previously received a variance from the ZBA on April 27, 2011 for a variance which allowed parking in the front yard for redevelopment of the site to hold a 50 bed fraternity. The applicant was then granted approval for demolition of the house on May 10, 2011 with approval from Council for a new house that showed a 50 bed facility with 50 parking spaces. Despite the previous approval for the encroachment of parking into the front yard and the potential for development of the site with the 50 bedroom facility, the applicant submitted a site plan on June 20, 2014 for a 42 bed new fraternity house. A paved parking area south of the new building was approved as a part of the site plan allowing 43 parking spaces, one more than the number of spaces required under the zoning code for a 42 beds fraternity house. Parking standards currently require one parking space for each bed within a fraternity or sorority. At the time of the review for the Minor Site Development Plan, it was noted that the site had been reduced from the Council approved concept of 50 beds to a 42 bed facility. The plan was shown at that time with “future student suites” on the upper level allowing for future expansion if the parking rate was changed or if a variance was approved for additional beds. After approval of the 42 bed project and after additional review of the financial model for the project, the applicant determined that the “future student suites” will need to be converted to 2 bedrooms prior to financing of the project to make the project financially viable and has led to the request for a variance to the total number of required spaces for the fraternity. Since the time of Site Plan approval for the property, City Council has initiated a text amendment to the parking standards to reduce the required ratio of parking for Greek Homes from one space per bed to one space per three beds. If this amendment is ultimately adopted, this would allow for the proposed bed increase without a variance. This amendment is still in the formal public hearing stages and is anticipated by staff, based on previo us feedback from the neighborhood and direction from Council, to be considered in November and potentially go in to effect by the end of the year. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Ms. Marren. She explained that City staff reviewed the request and recommend that the Board deny this request for a variance because the criteria have not been met. A letter from a neighboring fraternity was shown to the Zoning Board of Adjustment from Beta Theta Phi giving their approval and support for the project. Ms. Ebel inquired when the text amendment will be going to City Council. Ms. Marren noted that it is tentatively scheduled to go to the Planning and Zoning meeting on November 5, 2014 and that the first reading of the text amendment would go to Council on November 25 and the text amendment would go into effect at the end of the year. Mr. Koehler noted that the fraternity only wants one parking space for every three people. He expressed that it would make sense to approve the variance so that construction is not delayed on the project, therefore, losing the fraternity money. Steve Terrill, 511 Duff Avenue, attorney representing Sigma Chi explained that the zoning ordinance dealing with the parking is noted in the report that the ordinance amendment will be recommended and will pass on the third reading before the end of the year. Assuming that that is how things would end up, Mr. Terrill told the Board that the proposal currently before them would give an 81% increase in parking. He expressed that the real issue is whether or not it is necessary to put off the construction of the project for almost three months while they wait for Council to approve the plan that is already currently planned and will most likely be approved. He noted that it would not only hold up the completion of the project for members who will be moving in, but that it would also make things very complicated for their loan. Mr. Terrill said that if the variance isn’t granted, it would be a major hardship to reconfigure everything, which would include postponing the actual construction of the project, as well as the financing structure which is already in place. Jeff Rains, 4601 Westown Parkway, West Des Moines, IA, expressed that if the project is already in place, what would be the point of delaying the project longer than necessary. Mr. Rains noted that there was a survey done of 33, one house did not participate, Greek houses and only 3 out of 34 are equal to or better to the parking that Sigma Chi is providing. Mr. Rains discussed his confusion over the findings of fact and conclusion that were found by staff and feels that findings found by staff are contradictory. He also believes the parking they are providing is better than 80% of the other Greek homes; they want to decrease their parking rather than increase and he feels that pushing the parking amendment back is illogical. 3 David Hogan, 3022 Almond Road, loan officer, noted that it is normal to have more parking per bed space in the Greek area; however, Sigma Chi is doing the opposite and actually wants to decrease their parking. Mr. Hogan spoke to the economic hardship and said the fraternity has been working on plans for a new house for about five years. Mr. Hogan explained all of the time, effort and thought that has been put into the new construction which embodies the vision that both the City and the Greek housing approve. Mr. Hogan said that many of the architectural amenities come at a cost, especially because the fraternity is a not for profit organization so much of the funding comes from contributions from past members. Mr. Hogan explained that the monthly rent rate for members for 43 beds along with the cost of the house would be far above what is economically feasible for the members to afford. With 52 beds, it is much more economical; it would be about $8600 per member/year which is comparable to dorm housing. Lastly, Mr. Hogan noted that in order for the bank to fund the fraternity, they need the fraternity to operate at full capacity with optimal return for the loan they would issue. He also said that the incremental cost to add the extra ten rooms is much less than it is to build the initial 42 beds. The last ten rooms are the least expensive to build and will make a huge cost difference for the individual members. Ms. Bradbury asked City staff about parking for the other Greek houses. Ms. Marren noted that most were built prior to 1941 and that a lot of them don’t have the required parking spaces necessary. She also said there are only three houses that meet the parking requirement, which includes Sigma Chi fraternity. Mr. Koehler inquired that if construction could start up right away again, when would the project be complete and ready for members to move in. Steve Dallenbach, 7095 Reed Lane, West Des Moines, IA, construction supervisor, noted that the project is currently on track and construction is set to be complete August 2015, if they can continue to work on schedule without delay. Ms. Bradbury inquired how construction would be affected if the variance isn’t issued to the fraternity at this time. Mr. Dallenbach replied that they would only get to continue work for two more weeks because then the funds issued by the bank will run out and construction will have to stop because there will be no funding for the project. Mr. Koehler questioned why they don’t keep the project as suites until after the text amendment has been passed by Council. Mr. Rains replied that it has become very clear and evident that the house will not have cash flow without the 53 beds; rent would have to be raised substantially if they only were able to get 42 beds, which would not be attractive to members. Mr. Hogan said that after some quick math, he figured that a 53 bed house versus a 42 bed house would add $700 a year per tenant towards the funding of the project. Mr. Dallenbach followed up noting that the overall construction for the project was based on 53 beds and all design and plans were generated around having the 53 beds. Mr. Koehler believes it would be an economic hardship for the project and the fraternity to delay the project for several months. The delay would also keep students from moving in at the start of school and would be an increased cost for student members, as well. 4 Mr. Rains noted that the parking lot restricts the number of parking spaces the fraternity can have without diminishing the size, quality and design of the house and that they cannot make the parking lot big enough to meet the ordinance. The fraternity is constricted on width for parking because they are losing feet on either side as the lot tapers. He also explained that there is an existing retaining wall, as well as a combination of unique factors that affect the parking capabilities of the fraternity. Ms. Ebel noted that the 5 out of the 6 criterion that are not met , according to the staff report, are related to economic hardship for the students and for the project as a whole. Ms. Ebel, Ms. Bradbury and Mr. Koehler believe and conclude that all of the findings for the variance have indeed been met. Moved by Koehler to approve the request for a variance to allow development of a 53 -bed project at 2136 Lincoln Way with the existing parking area providing 43 off-street parking spaces without conditions, seconded by Bradbury. Roll Call Vote: 3-0. Motion declared adopted unanimously. CASE NO. 14-27 SPECIAL USE PERMIT – Ascension Lutheran Church, 2400 Bloomington Road Public Hearing on application for a Special Use Permit to allow a temporary classroom for an existing church on the property located at 2400 Bloomington Road City Planner Karen Marren displayed a location map and site plan for the project. Ascension Lutheran Church is seeking approval to place a modular classroom building on the site, immediately south of the existing church building. The proposed building is about 35 feet by 70 feet and will be used for Sunday school and other classes. The church does not operate a day school or a child care facility. As a modular building, it will be elevated about 30 inches above grade, with a handicap ramp along the east side. Ms. Marren noted that no additional parking is required for the property since parking requirements are based on the seating capacity of the sanctuary. The church is required to have 75 parking spaces based on the 300 seats in the sanctuary; they have 103 parking spaces on the site. Richard Gladon, 1821 Northwestern Ave, Ascension Lutheran Church representative, noted that the modular classroom is being used at the Evangelical Free Church location. He explained that the church has enlisted the services of Pike Construction to move the modular from the 24th Street location to Ascension Lutheran Church. The modular would include three 12 foot units that are put together and serve as one unit. He emphasized that they are looking at the modular as a temporary, rather than permanent, part of their building. He discussed their future plans for phase 2 noting that the modular will suffice for their transition period until they have the funds for phase 2 of their growth plan; the modular would be dismantled once funds were received. Mr. Gladon informed the Board that the growth of the church has expanded from 90 to 260 members in the last 4 years and if they don’t get additional facility space they won’t be able to hold or take in any new members. 5 Ms. Bradbury further inquired about the specific lifespan of the modular. Mr. Gladon believes the modular would definitely be able to last another 5-10 years. He discussed their plans to match the stonework that is on the church to the bottom part of the modular, as well as the underpinning of the modular. They may also strip off the siding and match the existing siding with the current structure because they want the colors to match and be aesthetically pleasing to the eye for their members, as well as the citizens of Ames. Dennis Peterson, 2201 Buchanan Drive, has lived in the neighborhood for two and a half years. He expressed that as a long term plan is put together, the church should look to build a more permanent structure because any sort of medium to heavy rain causes a lot of problems for his yard. Mr. Peterson also stated his concern that a larger structure might only cause more drainage problems and issues in his yard which he does not want. Dan Kruger, 108 10th Avenue, Slater, Iowa has been on the site committee at Ascension Lutheran Church for 15 years. Mr. Kruger explained that the church added a drainage swale that directs water to the northwest corner. Unfortunately, there is topography that was formed by geological forces. He did explain that the church has made plans to include more grass on their property to make it more flat and that the drainage is a known problem they continue to discuss and work to resolve. Mr. Kruger noted that as they do more work on the site, they hope to reduce and redirect water more to the northeast. He also said that a channel has been excavated into the site to a retention pond that goes to the northwest. Finally, Mr. Kruger described the modifications that they have made to lower the crest of the hill by several feet to help keep water from running to the southeast. Ms. Ebel expressed that it was important to note that future development on the property would help to improve the drainage issue, not make it worse. Chuck Richards, 2221 Buchanan Drive, who has lived in the neighborhood for 15 years discussed his concerns on the future development of the property. Mr. Richards voiced his concern that the conversation between the church and Board presumes that phase 2 and 3 would be approved by the City and the Board. Mr. Richards noted that he likes the church, but that the footprint phase 2 and phase 3 would leave would not be aesthetically pleasing. He also said that it is likely that the church will raise funds for future development that will likely include more lights and more parking. Mr. Richards described that his backyard is adjacent to the church and that more development is not what he or his fellow neighbors want for their neighborhood. He also finds it very disturbing that the purpose of this initial permit is to help them be able to reach funds for future plans and development. Moved by Koehler, seconded by Bradbury, to adopt ORDER NO. 14-27, thereby approving the request for a Special Use Permit at 2400 Bloomington Drive, based on the findings of fact and conclusions, with the following conditions: 1. No on-site signage shall be installed west of the driveway 2. No electronic signs such as LED (light emitting diode) displays shall be permitted 3. The scope of operation is limited to worship activities 4. A flat lens shall be required on the site lighting fixtures 6 Roll Call Vote: 3-0. Motion declared adopted unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Koehler seconded by Bradbury to adjourn the meeting at 8:32 p.m. _________________________________ _________________________________ Erin Cain, Recording Secretary Sandra McJimsey, Chair