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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 2-08-2012MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA FEBRUARY 8, 2012 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on February 8, 2012, in Conference Room 135 of City Hall with the following members present: Bruce Calhoun, Elizabeth Erbes, Sandra McJimsey, Gary Taylor, and Thomas Weber. Staff members Charlie Kuester and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Taylor, seconded by Erbes, to approve the minutes of the meeting of January 11, 2012, as written. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 12-01 SPECIAL USE PERMIT - JERRY CARNEY AND SONS, INC., 340 SOUTH DAYTON AVENUE Continuance of Public Hearing on application for an amendment to the approved Special Use Permit for the existing salvage yard on the property located at 340 South Dayton Avenue Assistant City Attorney Judy Parks noted that Board Member Weber was absent at the previous meeting, but he has viewed a DVD of the meeting and has been brought up to speed. She also explained that several procedural steps would need to be taken to “back out” of motions that were made and not voted upon at the previous meeting. Moved by Taylor, seconded by Erbes, to move the item off of the table. Vote on Motion: 5-0. Motion carried unanimously. The public hearing then continued. Moved by Erbes, seconded by McJimsey, to withdraw the motion to amend condition H. Moved by Taylor, seconded by Erbes, to withdraw the motion to approve the request for an amendment to the approved Special Use Permit for the existing salvage yard on the property located at 340 South Dayton Avenue. City Planner Charlie Kuester reminded the Board that, at the end of the last meeting, Mr. Chuck Winkleblack had volunteered to meet with the neighboring property owner to the south to address any concerns regarding the fence, and the Board asked for City staff to be a part of that meeting. Mr. Kuester indicated that he contacted the neighbor, Ms. Lou Keigley, gave her the background information from the previous meeting, and told her that the Board wanted to hear from her what the impacts of the fence may be. He laid out the same options that the Board discussed, including whether she thought it would be appropriate to provide extra screening with the fence. Mr. Kuester indicated that he spoke with her at length, and Ms. Keigley had no concerns about the fence. She also corroborated a statement made by Mr. Winkleblack that a number of the trees were removed upon Ms. Keigley’s request. Mr. Kuester quoted Ms. Keigley as saying “We’re okay with the fence.” Mr. Kuester presented photographs of the fence, several of which were taken on the Keigley property. Chair Calhoun Bruce read Municipal Code Section 29.307(1)(a) aloud for the record: “(a) Purpose. It is the general policy of the City to allow uses, structures and lots that came into existence legally, in conformance with then -applicable requirements, to continue to exist and be put to productive use, but to mitigate adverse impact on conforming uses in the vicinity. This Section establishes regulations governing uses, structures and lots that were lawfully established but that do not conform to one or more existing requirements of this Ordinance. The regulations of this Section are intended to: (i) Recognize the interests of property owners in continuing to use their property; (ii) Promote reuse and rehabilitation of existing buildings; and (iii)Place reasonable limits on the expansion of nonconformities that have the potential to adversely affect surrounding properties and the community as a whole.” Mr. Calhoun explained that he read this Code section because it pertains to the idea that there should be some sort of buffer between the two properties, especially considering that this particular use requires a special approval in this zone. After seeing the pictures, he believes that the fence buffers the use adequately from the existing nonconforming use, and there are more trees than he thought there might be along the property. In light of the fact that the owner of the nonconforming use seems to be happy with the situation, Mr. Calhoun no longer has any concerns regarding buffering. Board Member McJimsey asked for a review of the trees that were taken out. Chuck Winkleblack, 105 South 16th Street, Ames, Iowa, explained that the bulk of the trees along the property line that were used as a buffer are still there, except for the ones that the neighbor wanted removed. The majority of what was removed was brush and undergrowth. Moved by Taylor, seconded by Weber, to adopt ORDER NO. 12 -01, thereby granting the request for an amendment to the Special Use Permit for an auto salvage yard on the property at 340 South Dayton Avenue, with the following conditions: A. That the location of the car crusher when on site be consistent with site plan filed with the City on November 30, 2011 B. That car crushing be limited to no more than 14 days per year. C. That salvage material be stacked no higher than the height of the fence. D. That dust abatement measures be undertaken on the internal drives, when needed. E. That the existing 8' fence, driveway, parking areas, and internal roadways be maintained. This maintenance shall include replacement or repair of the fence within 14 days if it is damaged or if it comes down. The fence shall be replaced or repaired whenever peeling or chipping occurs. F. That no underground storage or burial of materials is permitted. G. That, prior to bringing vehicles to the site for storage, their fluids be drained and disposed of in accordance with state and federal law. H. That the dead trees planted by the applicant on the north side of the fence at the east end of the property be replaced by May 1, 2012 and all these trees are to be maintained for as long as the use is established at this site. Vote on Motion: 5-0. Motion declared approved unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: The meeting adjourned at 7:21 p.m. ______________________________ _____________________________ Emily Burton, Recording Secretary Bruce Calhoun, Chair