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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 3-13-20131 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA MARCH 13, 2013 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on March 13, 2013, in the Council Chambers of City Hall with the following members present: Elizabeth Erbes, Sandra McJimsey, and Gary Taylor. Board Members Patrick Brooks and Shelby Ebel were absent. Staff members Jeff Benson, Bob Kindred, and Judy Parks were also present. APPROVAL OF MINUTES: Moved by McJimsey, seconded by Taylor, to approve the minutes of the meeting of February 13, 2013, as written. Vote on Motion: 3-0. Motion declared carried unanimously. CASE NO. 13-01 SPECIAL HOME OCCUPATION PERMIT - BETTY YOUNG, 1121 HARDING AVENUE Public Hearing on application for Special Home Occupation Permit to allow an energy healing home business on the property located at 1121 Harding Avenue City Planner Jeff Benson explained that this application is to allow a certified energy healing practice to operate from the residential property owned by the applicant. He reviewed the Project Description and Findings of Fact and Conclusions from the staff report, noting that the applicant has proposed occasional client overlap in her scheduled appointments. The applicant’s home has two off-street parking spaces, one in the garage and one in the driveway. Mr. Benson stated that if there is more than one customer at a home occupation at a time, the criteria require an extra off-street parking space to accommodate the vehicle. In the subject property’s zoning district, a home is required to have two off-street parking spaces. Since an additional parking space would be required off the street, scheduling appointments in this manner would not meet the criteria. Staff is recommending that the Board approve the application subject to the condition that appointments are made so that two client vehicles are not there at the same time. Betty Young, 1121 Harding Avenue, Ames, Iowa, was sworn in and testified under oath. She stated that she is excited to start a business in the neighborhood she has lived in for 10 years. Assistant City Attorney Judy Parks asked where the applicant will be obtaining her certification. Ms. Young stated that she will be applying for a certification through Healing Touch International. It is a five-level program that she has been in for two years, including one year of apprenticeship. The only equipment to be used will be a massage table. Upon being questioned by Board Member McJimsey, Ms. Young stated that she is agreeable to the condition that appointments can not overlap. Mr. Benson noted that the Board received a letter of support from Ms. Young’s neighbors, Sarah Hargreaves and Drake Larsen. Moved by McJimsey, seconded by Taylor, to adopt ORDER NO. 13-01, thereby approving the request for a Special Home Occupation Permit to allow a certified energy healing practice at 1121 Harding Avenue, subject to the home occupation being operated as described in the staff report and application, except with the further condition that appointments be scheduled so that two clients are not on the premises at the same time. Vote on Motion: 3-0. Motion declared carried unanimously. 2 CASE NO. 13-02 VARIANCE - HEARTLAND DEVELOPMENT LC, 2714 & 2806 GEORGE WASHINGTON CARVER AVENUE Public Hearing on application for Variance to allow a block length in excess of 660 feet on the property located at 2714 and 2806 George Washington Carver Avenue Planner Benson explained that the subject property is located in Somerset Subdivision, which is nearing full build-out. The area plan was first approved by the City in 1997 for the area bounded by Bloomington Road, George Washington Carver Avenue (GWC), 24 Street, and the Union Pacificth railroad tracks. The original plan for the subject area included an 11-acre site for a new elementary school. In 2012, the Ames Community School District sold this parcel to Heartland Development LC, represented by Kurt Friedrich, who is proposing to develop 73 residential dwelling units on the property. The plans include apartment buildings, attached townhomes, and detached single-family residences, all of which are consistent with the area’s zoning. The proposed plan provides for a net density of 8.27 dwelling units per acre for the subject parcel and 9 dwelling units per acre for the residential portion of the entire subdivision. Village Residential Zoning regulations require the minimum average net density to be at least 8 dwelling units per acre. According to Mr. Benson, the zoning code for the subject area has many strict design standards that the project must comply with. The application meets all of the design criteria with the exception of the Lot and Block Design Standards. The proposed public street, Turnberry Drive, is 1000 feet in length, exceeding the maximum length of 660 linear feet. In order for the project to go forward as designed, a variance is needed. Mr. Benson indicated that City staff has been working with the applicant on this design since late last summer. Another cross street is not possible in this area because of the existing commercial area to the east and GWC to the west. The traffic volume on GWC and the proximity to other cross street intersections prevent access to this site from the west. Mr. Benson said that if it is not possible to develop the subject parcel in a way that meets all of the zoning criteria, the parcel has little value. The Variance Criteria and Findings of Fact and Conclusions were reviewed by Mr. Benson. He stated that all of the criteria have been met by this application, and staff is recommending approval. Board Member McJimsey inquired about the rationale behind the 660 foot limitation on block lengths. Mr. Benson explained that its main purpose is connectivity - to provide multiple routes for people to take within and through the development. Upon further questioning by Ms. McJimsey, Mr. Benson said that the plan meets all of the safety criteria for fire trucks/emergency vehicles. Kurt Friedrich, Heartland Development L.C., 619 East Lincoln Way, Ames, Iowa, was sworn in and testified under oath. Mr. Friedrich gave a history of the project and the variety of design variations. He said that this is a challenging piece of property, and the current design is one that meets as many of the requirements as possible. Mr. Friedrich stated that they have shared this design with the School Board and have met with the neighbors, and all parties were supportive. The Planning & Zoning Commission voted 6-0 to support this preliminary plat. Scott Renaud, FOX Engineering Associates, 414 South 17 Street, Suite 107, Ames, Iowa, was swornth in and testified under oath. He echoed Mr. Friedrich’s comments that this is an unusual property with an unusual shape and a number of limitations. Mr. Renaud indicated that this plan mixes different unit types exactly how they already exist in Somerset; it fits into the development well. 3 Chair Erbes inquired about the green space on the site plan. Mr. Renaud indicated that it is a transitional area from the country houses to the apartments; there is also a great deal of slope in that area. Moved by Taylor, seconded by McJimsey, to adopt ORDER NO. 13-02, thereby approving the request for a Variance to allow a public street block face length of 1000 feet for Somerset Subdivision 25 Addition.th Vote on Motion: 3-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: The meeting adjourned at 7:39 p.m. _____________________________________________________________________ Emily Burton, Recording Secretary Elizabeth Erbes, Chair