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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 7-25-2012M INUTES OF THE REGULAR M EETING OF THE ZONING BO ARD OF ADJUSTM ENT AM ES, IOW A JULY 25, 2012 The Am es Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on July 25, 2012, in the Counc il Cha mbe rs of City Hall with the follow ing membe rs pre sen t: Patrick Brooks, Bruce Calhoun, Elizabeth Erbes, and Sa ndra M cJim sey. Board Mem ber T aylor was absent. Staff mem bers Jeff Benson, C harlie Kue ster, and Jud y Parks w ere also present. AP PROV AL OF M INUTES: M oved by Erbes, seconded by McJim sey, to approve the minutes of the meeting of June 27, 2012, as written. Vote on M otion: 4-0. M otion carried unanimously. CA SE NO. 12-12 V ARIANCE - CRAIG & LESLIE BOYLAN, 3914 SOUTH DUFF AVENUE Public Hearing on application for Variance from the max im um size and maximum height standards to allow construction of a detached garage City Planner Jeff Benson stated that the subject property is located on the east side of South Duff Avenue near Ken Maril Road. The applicant proposes to dem olish two existing accessory buildings and build a new 27-foot by 60-foot detached accessory building, with space for vehicle storage and a wood shop. The square footage of the proposed building is 1,620 square feet, which exc eeds the m axim um allowed size by 720 square feet. The applicant seeks a variance from the maximum size standard in the Zoning Ordinance. The variance criteria and findings of fact and conclusions from the staff report w ere reviewed in detail by Mr. B enson. He stated that C ity staff found that the request does not m eet four out of the six variance criteria, so approval of the application is not recom m ended. He noted that the Zoning Ordinance would allow the applicant to build two accessory buildings that total the desired 1,620 square feet, provided that neither building is larger than the maxim um 900 square feet allowed. Chair Calh ou n s aid that two buildings would need to be separated and w ould therefore occu py more space than a single building, which seem s counterproductive. Mr. Benson said that neighborhoods typically have a scattering of houses, garages, and outbuildings that is of a certain density. As long as the tw o buildings are not too big, they wou ld still fit in with the neighborh oo d. Craig Boylan, 3914 South Duff Avenue, A mes, Iowa, said that he has been contem plating this project for about a year. He is a woodw orking teache r at Am es High School an d also co llects antique cars. Bo th of those hobbies take up a lot of sp a c e , a nd h e w o uld like to have one building so that he can walk between the two shops. Two buildings would require two furnaces, additional exterior walls, and other extras that would not be energy- or cost-efficient. M r. Bo ylan said that the building would not be visible from South Duff Avenue and would be screened by dense vegetation in the backyard. The proposed building is large, but the alley/driveway in the backyard and the lack of visibility makes it a unique situa tion. He would ensure that the building is very attra ctive a nd wou ld not disturb the neighbors. Upon being questioned by Board Member M cJimsey, Mr. Boylan stated that he does not have any plans to use the space comm ercially. Mr. C alhoun noted that the Board needs to respond to the Code, and in the case of variances the Code becomes much m ore difficult to meet. He said that if the app licatio n doesn’t m eet the criteria and the applicant hasn’t presented evidence otherwise, then the Board’s hands are tied. Phyllis Prichard, 3819 Em erald Drive, A mes, Iowa, stated that she lives across the alley from the subject property. She believes that this building would do nothing but im prove the neighborhood, and she is very supportive of the application. Board Mem ber Brooks said that though the applicant is a well-respected mem ber of the com m unity, the proposed building is very attractive, and the neighbors are pleased with the proposal, these are not reasons for granting a variance. The Board is bound by the criteria that the statute provides; it is not allowed to exercise unrestricted judgement based on subjective things. He is pleased that the applicant has the option of doing the project in tw o separate buildings. Ms. M cJim sey conc urred; she said that it looks like a nice project, but there are not enough facts to support that the application m eets the ordinance. Moved by B rooks, seconded by M cJimsey, to deny ORDER NO. 12-12, thereby denying the request for a variance to allow construction of a single accessory building at 3914 South Duff Avenue that exceeds the allowed gross floor area by 720 feet. Vote on M otion: 4-0. M otion declared approve d unanimously. CA SE NO. 12-13 V ARIANCE - BRANDEN GEIL, 415 GARDEN ROAD Public Hearing on application for Variance from the height limitations for an accessory structure to allow construction of a detached garage City Planner Charlie Kuester said that this subject property is in the sam e general neighborhood as the previous application. The applicant would like to construct a 30-foot square deta c he d gara ge, the maxim um allowable size of 900 square feet. Based on its d e sign with a 6:12 pitched roof on 10-foot sidew alls, the garage would exceed the m axim um height limitations by 2.25 feet. Mr. Kuester reviewed the findings of fact and conclusions as detailed in the staff report, noting that the application did not meet all of the variance criteria found in the Code. Mr. Kuester discussed several options that the applicant has to m ake the structure conform, such as changing the roof pitch, lowering the sidewall height, or building a breeze way between the garage and the home. Bra nden Geil, 415 Garden Road, Am es, Iowa, stated that he primarily wants the 6:12 pitched roof for snow load. He is concerned that the weight of the snow might m ake the trusses bow if the pitch is lowe r. Mr. Geil showed photographs of various garages in the neighborhood that are higher than the houses. He would be doing the sam e as w hat is already existing in the neighborhood. He would prefer to not put a breeze w ay betw een the two buildings, as it would elim inate two prim ary wind ow s on the hom e. He also noted that he has spoken to the neighbors and they are supportive of his application. Mr. Calhoun said that the pad for the garage appears to be smaller than the house footprint; the pitch of the house roof is adequate for snow load, so the garage should be able to be built the sam e and withstand the we ight of the snow as well. Ms. McJimsey surm ised that some of the buildings in the photographs presented by the applicant may have been built before the standards in the Code changed. M r. Calhoun reiterated that the Board is bound by the criteria in the Code, and evidence has not been presented to show that the application meets the criteria. Mr. Brooks added that there are very practical options to keep this project m oving forward by making a few changes. Moved by M cJimsey, seconded by Brooks, to deny ORDE R NO . 12-13, thereby denying the request for a variance to allow a garage of 14 feet 3 inches at 415 Garden Road, based on the findings of fact and conclusions as stated in the staff report. Vote on M otion: 4-0. M otion declared carried unanim ously. CA SE NO. 12-14 SPECIAL HO M E OCCUPATION PERM IT - DEB KLINE, 1910 GEO RGE ALLEN AVENUE Public Hearing on application for S pe cial Home Occupation Permit to allow a massage therapy business Planner B enson explained that the application is to allow a licensed massage therapy business to operate from the residential property at 1910 George Allen Avenue that the applicant is purchasing. There is an attached two-car garage and two available parking spaces in the drive w ay. Th e applicant proposes to have clients park in the driveway and walk around the north side of the house to an outside entrance of the room used for the busine ss. T he hours of operation would be 9:00 a.m . to 6:00 p.m., M on day through Friday, with occasional appointm ents on Saturdays. All clients would be seen by appointm ent only and the re wou ld be no more than five appointm ents per day. Mr. Benson reviewed the findings of fact and conclusions in the staff report, noting that the application met all of the criteria in the ordinance. He said that a letter and one phon e call, both opposing the application, ha d been received by staff. Deb Kline, 128 8 Street, Nevada, Iowa, stated that there is a sidewalk that goes around the garage to theth back entrance. She said that she is aware that there are some concerns from the neighbors about traffic. She only plans to schedule a m aximum of four clients per day, and a fifth may be scheduled if someone calls with an urgent need. There would be 30 minutes between clients to avoid overlap with scheduling and vehicles. Ms. Kline said that she wants to maintain the character of the neighborhood and would operate her business quietly and responsibly. Upon being questioned by M r. C alhoun, M s. Kline said that Saturday appointm ents m ay be done once per month, but most likely less frequently. Assistant City Attorne y Judy Parks inquired about the applicant’s curre nt business, Wellspring Wellness. Ms. Kline said that she is currently renting comm ercial space in Ames, and has been in business since 2006. She does not intend for the business to expand beyond four clients per day. Bill Waters, 1906 Paulson Drive, Am es, Iowa, said that he lives directly across the street from the subject property. He has no trouble w ith the applicant, but he has a problem with having a business at the hom e. He thinks that it will degrade his pro perty value. Marlaine Domoto, 1917 George Allen Avenue, Ames, Iowa, stated that she lives across the street. She also has no personal problem with the applicant, but she objec ts to having a business across the street. She is home during the day, and four or five cars com ing and going on a quiet street w ould be a nuisance. Mr. Calhoun noted that in the previous two cases on the agenda, it was the Board’s responsibility to enforce the Code and deny the applications if they did not meet the criteria. In th is c ase, if a use is allowed and it meets the criteria, the Board is similarly bound to the Code to approve an application. Betty Wate rs, 1 906 Paulson Drive, Am es, Iowa, stated that she lives on the corner of George Allen Avenue. She welcomes new neighbors and believes that it is a great neighborhood, but she is worr i ed about se tting a precedent. If this business is approved, two or three more people may m ove into the neighborhood and want to start a busine ss. Anne Kottman, 1909 Paulson Drive, A mes, Iow a, stated that she w as speaking for herself and neighbor, Virginia Richards, who lives at 1821 George Allen Avenue. They are not in favor of a business that would involve regular visits by customers. Paul Dom oto, 1917 George Allen Avenue, Am es, Iowa, stated that their neighborho od is m a ture and quiet, and people and pets cross the street all the time. This small business would dou ble or triple the am ount of traffic on the street, and he is opposed to the application. He is also concerned about setting a precedent in the area. An audience m em ber stated that the walkw ay to the back of the subject property goes past the neighbor’s daughter’s bedroom window. She does not think that they would want someone walking past the window four or five tim es a d ay. The neighborhood welcom es new neighbors, bu t does not welcom e this bu siness. M s. McJimsey stated that this type of business has been before the Board numerous times in other neighborhoods; it is not an uncom mon t hin g. Sh e asked if there have been any com pla ints from tho se existing and established home m assage therapy businesses. Assistant City Attorney Parks and Planner Benson stated that they were unaware of any complaints registered. The Board discussed whether or not to impose conditions regarding the num ber of appointm ents allowed per day. Mr. Brooks said that he does not see a need for conditions; this is a typical home occupation and is a kind that would be viewed more favorably than other requests the Board has had recently. He believes there will be very m inimal traffic, m inimal pa rking, and the num ber of clients will be m inim al. In tim e the neighbors w ill hardly notice that the business is there. M s. McJimsey asked to what extent the findings in the staff report guide any future problem s or complaints. Ms. Pa rks explained that the findings in the staff report and the representation in the application would be used as a basis for how the business is to be operated. If a dram atic intensificatio n of the business is found, the permit would be revisited. Moved by Erbes, seconded by Brooks, to adopt ORD ER NO. 12-14, thereby approving the request for a Special Hom e Occupation Permit to allow a licensed m assage therapist at 1910 George Allen Avenue, based on the findings of fact and conclusions and subject to the home occupation being operated as described in the staff report. Vote on M otion: 4-0. M otion declared carried unanim ously. CA SE NO. 12-15 EXCEPTION FO R M INOR AREA M ODIFICATION - LARRY GLEASON, 711 CARROLL AVENUE Public Hearing on application for Exception for M inor Area M odification to allow construction of a new m ain entry canopy on the principal structure that extends five feet into the required minimum front yard setback Planner Benson explained that there were two requests on the agenda for the sam e subject property at 711 Carroll Avenue. With perm ission from the applicant, Larry Gleason, it was determined that evidence for both cases would be presented at one tim e. Mr. Be nson said that the applicant w ishes to con struct a canopy on the fron t of a proposed two-c ar garage and one-story entryway addition. He also plans to build a one-story addition on the west (rear) side of the existing house to function as an entry foyer off the kitchen. He is requesting an Exception to allow the canopy in the front yard to extend 5 feet into the minim um required front yard setback, and an Exc eption to allow the rear addition to exte nd 2 feet into the rea r yard setback. The criteria and findings of fact and conclusions as stated in the staff reports were reviewed in detail by Mr. Benson. In both cases, staff found that the M inor Area Modifications m eet the criteria in the Code and can be approved. Larry Gleason, 711 Carroll Avenue, Ames, Iowa, described the plans for his project. He said that the canopy will make the garage less obtrusive when viewing it from the street. Connie Middleton, 717 Carroll Avenue, Am es, Iowa, said that she had com e to the meeting to find out more details about the project. She is somewhat concerned about the type of plantings that will go in the proposed rain garden. The plantings and other details of the project were discussed between the applicant and M s. M iddleton . Moved by Brooks, sec on ded by M cJimsey, to adopt O RDE R NO. 12-15, thereby approving the reque st for an Exception for Minor Area Modification to the front setback from the minimum required 25 feet to a front setback of 20 feet for the canopy on the front of the proposed garage a nd entryway of the single-fam ily dwelling at 711 Carroll A venue, based on the findings of fact and con clusions as stated in the staff report. Vote on M otion: 4-0. M otion declared carried unanim ously. CA SE NO. 12-16 EXCEPTION FO R M INOR AREA M ODIFICATION - LARRY GLEASO N, 711 CARROLL AVENUE Public Hearing on application for Ex ception for M inor Area M odification to allow construction of an addition to the principal structure that extends two feet into the required minimum rear yard setback Moved by McJim sey, secon ded by Erbes, to ado pt ORDER NO. 12-16, the reby approving the reque st for an Exception for Minor Area Modification to the rear setback from the required 20 feet to allow an 18-foot setback on the west (rear) side of the single-family dwelling at 711 Carroll Avenue, based on the findings of fact and co nclusions as stated in the staff report and provided by the applicant. Vote on M otion: 4-0. M otion declared carried unanim ously. CO M M ENTS: There were no comm ents by the Board. ADJO URNM ENT: The meeting adjourned at 8:49 p.m. ______________________________ _____________________________ Em ily Burton, Recording Secretary Bruce Calhoun, Chair