HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 7-10-20131
MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA JULY 10, 2013
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:02 p.m. on July
10, 2013, in the Council Chambers of City Hall with the following members present: Shelby Ebel,
Elizabeth Erbes, Sandra McJimsey, and Gary Taylor. Board Member Patrick Brooks was absent. Staff
members Charlie Kuester, Judy Parks, and Jessica Spoden were also present.
APPROVAL OF MINUTES: Moved by McJimsey, seconded by Erbes, to approve the minutes of
the meeting of June 12, 2013, as written.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 13-04
SPECIAL USE PERMIT - AMES COMMUNITY PRESCHOOL CENTER, 920 CARROLL
AVENUE
Public Hearing on application for Special Use Permit to allow a childcare center in a residential
zone on the property located at 920 Carroll Avenue
City Planner Charlie Kuester explained that this is a request from Ames Community Preschool Center
(ACPC) to convert the former Willson Beardshear School into a new daycare. ACPC is currently
located on 6 Street, north of City Hall.th
According to Mr. Kuester, a public hearing was held at the Planning & Zoning Commission and City
Council meetings for the rezoning of the subject property, and a substantial number of neighbors
came out to speak in favor of the application.
The General Standards and Residential Zone Standards for a Special Use Permit, as outlined in the
staff report, were reviewed by Mr. Kuester. With regard to traffic impacts, the applicant anticipates
that the traffic of staff and parents will be similar to that of the previous use. The City’s Traffic
Engineer has reviewed the proposed use and believes that the traffic would have less of an impact
than that of an elementary school. Mr. Kuester noted that a vendor will make weekly deliveries of
food and other products from small semi tractor/trailer. Currently, a Special Use Permit allows
deliveries by a truck no larger than 26,000 pounds gross vehicle weight (g.v.w); a small three-axle
semi cab and trailer generally exceeds that. Mr. Kuester indicated that City staff is recommending
that the City Council change the zoning ordinance to exempt food delivery vehicles from this weight
limit for Special Uses in residential zones. If that does not get approved by the Council, ACPC would
need to arrange for an alternate way of getting food to the site each week.
Mr. Kuester said that the normal hours for ACPC will be from 7:00 a.m. to 6:00 p.m., Monday
through Friday, which is somewhat comparable to an elementary school. The conversion of the
former school building to a child daycare will not reduce the available residential land in the
community, and no external changes to the building are planned beyond installing exterior doors to
meet fire and safety codes. Mr. Kuester indicated that there will be some non-structural
improvements, including landscaping, playground, fencing, and improvements to the parking area.
The site plan was reviewed by Mr. Kuester. He stated that, since submittal of the site plan, the
applicant has stated that they would like to pave a gravel area at the east end of the existing parking.
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City staff would require ACPC to submit a storm water drainage report prior to paving. The applicant
also proposes installing fences on the site to better manage the playground use and to provide
improved security to the grounds; this can be approved administratively by City staff.
Mr. Kuester noted that the staff recommendation in the report is to approve the application with two
conditions. However, the second condition, that food delivery trucks of any size use the off-street
parking area for food deliveries, is being withdrawn. After talking with the applicant, it was
determined that since that is also drop-off lane for children, it would not be safe to mix the two. Staff
is not proposing any further conditions regarding the truck; ACPC can work with the Traffic Engineer
to find a safe place for loading and unloading on the street. Upon being questioned by Board Member
McJimsey, Mr. Kuester clarified that City staff will provide input as to where the unloading can be
done legally. It will be up to the vendor and ACPC to determine what is safest.
With regard to the proposal to City Council about truck weight restrictions, Ms. McJimsey asked if
there would be any restriction as to the size of the food delivery trucks. Mr. Kuester said that there
would not be; they would simply be added to the list of exempt vehicles. He noted that it would be
unlikely for a large 18-wheeler to even be capable of maneuvering through residential streets. Chair
Taylor recalled the Special Use Permit case for Ames Community School District’s new elementary
school on Miller Avenue. During the review of that case, the Board had to include special provisions
for school buses because they did not meet the same weight restriction in the Code. Mr. Kuester
concurred, and said that the school bus weight issue could be addressed by the Council as well.
Sue Wuhs, Director of Ames Community Preschool Center, 2920 Monroe Drive, Ames, Iowa, was
sworn in and testified under oath. Ms. Wuhs stated that, in her 40 years with ACPC, she has never
had any issues or complaints with the food delivery truck, which currently stops weekly on 6 Streetth
to unload. She said that they are very excited about having the new space.
Board Member McJimsey inquired about the paving of the small gravel area at the new site. Ms.
Wuhs indicated that they are still unsure whether they will pave the area or not; there are still
questions regarding a boundary with a neighbor and where fencing will go. She stated that she is fine
with the proposed condition requiring a storm water report if the area is paved.
Upon being questioned by Board Member Ebel, Ms. Wuhs indicated that the daycare services
children from ages 18 months to 5 years. ACPC staff has discussed the possibility of having one
group of school-age children during breaks, or possibly opening up to infant care since there will be
more space. There are around 110 children currently enrolled, and parents come and go all day.
City Attorney Judy Parks asked if there will be a summertime program for school-age kids. Ms. Wuhs
said that there will likely not be space for it. Raising Readers, tutors, and other small-scale
community groups may be using the building from time to time as well. Ms. Wuhs said that they
hope to open by late fall of 2013.
Moved by McJimsey, seconded by Erbes, to adopt ORDER NO. 13-04, thereby approving the request
for a Special Use Permit to allow a child day care facility at 920 Carroll Avenue by adopting the
staff’s findings of facts and the applicant’s application, but with the following condition:
a. A storm water report be submitted to the City and approved prior to the paving of the
additional parking spaces.
Vote on Motion: 4-0. Motion declared carried unanimously.
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CASE NO. 13-07
SPECIAL HOME OCCUPATION PERMIT - LINDA KAMM, 2402 MELROSE AVENUE
Public Hearing on application for Special Home Occupation Permit to allow a cleaning
service home office on the property located at 2402 Melrose Avenue
Planner Kuester stated that the application is for Daniel and Linda Kamm to operate Kamm’s
Cleaning at 2402 Melrose Avenue, at the corner of Melrose and 24 Street. The business has beenth
operating there for a number of years. Approximately two years ago, following an inquiry from a
neighbor, City staff confirmed that the Kamms did not have a Special Home Occupation Permit for
the home business. An application was then submitted, with information that the business employed
anywhere from 6 to 10 employees. Staff determined that the number of employees precluded the
business from qualifying as a home occupation; this determination was appealed to the Board by the
Kamms, and on March 14, 2012, the ZBA upheld staff’s determination. Since then, the business has
continued its operation, but has been downsized considerably. The applicant now seeks approval for
the adjusted home business operation.
Mr. Kuester reviewed the Findings of Fact and Conclusions as detailed in the staff report. He noted
that the applicant states that two residents of the home are employees. Additionally, they propose
having two employees who do not reside at the home. According to the applicant, employees would
come to the house to pick up a service vehicle and to return the vehicle two times per day, at most.
The applicants currently have two service vehicles parked in driveway when not in use, and employee
parking on Melrose Avenue when the service vehicles are in use. Mr. Kuester noted that Finding (i)
on page 3 of the staff report is incorrect; the driveway is wide enough to allow for parking of four
vehicles side by side, not three.
According to Mr. Kuester, six phone calls and one letter were received by City staff after the report
was written. The majority of the concerns were related to parking issues and congestion. Because of
those comments, and in reviewing similar home occupations, staff has added a recommended
condition that both employee vehicles and service vehicles are required to be parked in the driveway
when not in use.
Chair Taylor noted that the driveway opens onto 24 Street; he asked if City staff anticipated anyth
issues with more frequent driveway access onto and off of 24 Street. Mr. Kuester indicated that, atth
two times per day per vehicle, it is infrequent enough that it should not cause a problem.
Board Member Ebel asked how many personal vehicles the applicants have. She believes that if the
Board requires the employee vehicles to be parked in the driveway, the applicant’s cars will likely
end up on Melrose. Mr. Kuester said that there would be a total of six if there are two personal
vehicles, two company vehicles, and two employee vehicles. If four of those six can be kept off of
the street, it would be an improvement. Ms. Ebel clarified that she does not see that as a big issue;
many homeowners have multiple personal vehicles, and the street is there for people to park on.
Linda Kamm, 2402 Melrose Avenue, Ames, Iowa, was sworn in and testified under oath. She said
that she understands the neighbors’ concerns about parking. She has cut down to one employee, and
will have one additional at most. She gave away some of the customer accounts to former supervisors
so that the business could be downsized. Ms. Kamm indicated that she is fine with the condition that
all employee and service vehicles must be parked in the driveway when not in use. She said that the
service vehicles typically leave in the morning and come back in the afternoon.
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Moved by Erbes, seconded by McJimsey, to adopt ORDER NO. 13-07, thereby approving the request
for a Special Home Occupation Permit to allow a cleaning business as a Special Home Occupation
at 2402 Melrose Avenue by adopting the staff’s findings of fact and as submitted in the application,
subject to the condition that service vehicles be parked on the Kamm’s driveway when not in use.
Upon being questioned by Mr. Kuester, Ms. Erbes confirmed that she did not include employee
vehicles in the condition.
Vote on Motion: 4-0. Motion declared carried unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by McJimsey, seconded by Ebel, to adjourn the meeting at 7:50 p.m.
_____________________________________________________________________
Emily Burton, Recording Secretary Gary Taylor, Chair