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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 12-12-2012MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA DECEMBER 12, 2012 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on December 12, 2012, in the Council Chambers of City Hall with the following members present: Patrick Brooks, Shelby Ebel, Elizabeth Erbes, and Sandra McJimsey. Board Member Gary Taylor was absent. Staff members Charlie Kuester, Bob Kindred, and Judy Parks were also present. APPROVAL OF MINUTES: Moved by McJimsey, seconded by Ebel, to approve the minutes of the meeting of November 14, 2012, as written. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 12-28 SPECIAL USE PERMIT - BOUSKA, 1910 EAST LINCOLN WAY Public Hearing on application for Special Use Permit to allow a recycling operation in the General Industrial District for property located at 1910 East Lincoln Way City Planner Charlie Kuester stated that Tim Bouska, representing Denali Recycling, is requesting a Special Use Permit for the operation of a recycling center at 1910 East Lincoln Way. The request for a Special Use Permit is based on the applicant’s statement that this is a recycling operation. Mr. Kuester explained that Mr. Bouska acquires cardboard, bales it, and holds it until the price reaches a certain level or he has enough quantities to sell. The Zoning Ordinance includes recycling operations as a sub-category of Waste Processing and Transfer within the Industrial Use Categories, for which a special use permit is required. Mr. Kuester noted that a special use permit generally also involves the submittal of a site plan. The City has a site plan on file for this property, but since the applicant is not proposing any changes/additions, the requirement to update the site plan has been waived. Mr. Kuester explained that this is a land use decision in front of the ZBA. The case also required a review of Municipal Code Chapter 10: Garbage and Refuse, with consultation from various City departments including the Public Works Director and Resource Recovery Plant Operator. The applicant submitted a request to be allowed to collect post-consumer recyclable materials, including cardboard, paper, plastic, aluminum, and tin. Mr. Kuester indicated that in the last 22 years, 4 similar requests have come before the Board; two were de-manufacturing of white goods, one was a salvage yard on South Dayton Avenue, and the fourth was a redemption/recycling center on East Lincoln Way. The recycling center was approved in 1990, and several changes to the Municipal Code have been made since then. As Mr. Bouska’s application was reviewed by staff, several inconsistencies were discovered in the City ordinance relating to garbage and refuse. Mr. Kuester indicated that this made it difficult to approve the recycling of other materials, so the applicant agreed to limit the request to just cardboard. Staff is looking to resolve the inconsistencies and may bring the application back before the Board to add the recycling of other materials, but at this time only cardboard is being considered. Mr. Kuester reviewed the General Standards and Findings as outlined in the staff report. He noted that the proposed use will be similar in intensity to those generally found in industrial neighborhoods. 2 In working to identify alternatives, City staff wanted to assure that the operation would be conducted in a way that would not be of detriment to the neighborhood, so approval of the application was recommended with the following conditions: a.All cardboard shall be stored inside. b.All truckloads shall be covered to avoid loss of cardboard. c.Denali Recycling provide a quarterly report on the amount of cardboard that he removes from the waste stream to the Resource Recovery Plant. Tim Bouska, Managing Director of Denali Recycling, 1411 Grand Avenue, Ames, Iowa, was sworn in and testified under oath. Mr. Bouska indicated that he had agreed to apply for the Special Use Permit because he was told that what he was doing was okay. When he received a copy of the report, he had “serious issues” about what was stated therein. Mr. Bouska said that he needs the permit because contracts are being held up until he receives it; however, he does not believe that he should be required to obtain a permit in the first place. He asked if the Board would hear testimony regarding other issues and how the application process came about. Assistant City Attorney Judy Parks said that he is free to determine what he thinks is relevant, but this is a process to determine whether the application before the Board meets the standards in the Code. Board Member Brooks said that the request includes cardboard, paper, plastics, aluminum and tin. Staff is saying that all of those items except cardboard are inappropriate to discuss. Mr. Kuester noted that the Code does not clearly address plastics, tin cans, aluminum, and the like. Staff is interested in moving the applicant forward with his immediate request, which is cardboard. They will take some time to step back and resolve the Chapter 10 ordinance to determine how to handle the other materials. If staff determines that it is able to be approved, Mr. Bouska will be allowed to come back before the Board with no additional application or fee. Board Member McJimsey asked if there was a timeline for that review and resolution. Mr. Kuester said that it will involve multiple departments, and the City Council would be asked to prioritize the issue. Mr. Bouska said that he received a letter dated November 19, 2009, from Ms. Parks stating that, after consulting with the City Sanitarian, the City would not consider the business to be a garbage/refuse collection business. He stated that recyclable materials are considered commodities; they are bought and sold at a market price. Furthermore, the cardboard that he is collecting is already out of the waste stream and would not be going into it in the first place. Mr. Bouska indicated that he is currently only dealing in cardboard, but he may want to get into the other items in the future. He is not sure how the City can say that cardboard is a commodity but the others are not. He stated that the chances of getting into plastics are slim, but he is afraid that if he accepts this permit, then “only cardboard” leaves him with no recourse down the road. Board Member Brooks said that the Board could make a decision on cardboard, and if it was approved, there would be time to work with City staff on the other issue. Mr. Bouska said he would be happy with that, as long as there were no restrictions placed on the cardboard recycling. He expressed that all of the proposed restrictions worry him. Upon being questioned by Chair Erbes regarding the first two proposed conditions, Mr. Bouska stated that he presently stores all of his cardboard inside and covers it while transporting it. However, he has looked through the Code and sees nothing that would restrict him from being able to store cardboard outside if he wants to. He has no intentions of storing it outside, but he wonders why that restriction is being placed on him when he sees many other commercial businesses storing baled cardboard outside. Mr. Brooks said that the price of cardboard fluctuates tremendously, and sometimes the bales can be stored for long periods of time. There needs to be some control of what is stored outside; if the business acquired an amount so large that it didn’t fit inside, some would potentially be stored outdoors. Some restrictions are necessary and are often found in landfill and 3 recycling situations to control wind-blown materials and the view that it gives the public. Mr. Bouska said that he understands the concern, but he does not think that the Municipal Code supports it. Mr. Brooks noted that the Board has the authority to place any conditions it sees fit on a permit approval. Mr. Kuester said that City staff added the storage restriction in order for the application to meet one of the general standards. Cardboard stored outside could get wet, deteriorate, blow away, or be attractive for vermin. Having it stored inside will protect the interest of the City by keeping it clean and attractive. Mr. Bouska questioned the legality of placing this restriction on his business. Board Member McJimsey said that the Board is given general standards that an application must meet. In considering those, the Board can impose any condition that enables the applicant to be in compliance with the general standards. Mr. Bouska argued that multiple Ames businesses are currently storing cardboard outdoors. Mr. Kuester replied that if a business such as Sam’s Club bales its cardboard and stores it outside while waiting to load it on a truck, that is an accessory use of the business. In this case, the principal use is a recycling operation, so the conditions are different. Mr. Bouska stated that he does not agree with the distinction. He said that the Ames Area Redemption Center, located near his business, stores cardboard outdoors. He is looking for consistency; if it is being required of him, it should be required of everybody. Board Member Ebel noted that the Board cannot place restrictions on a business that received its permit 22 years ago. It was determined that condition “b” could be removed, as it is already a requirement in the City ordinance to cover truckloads while transporting. Mr. Bouska stated that he is a recycling operation, but not a waste processor. The items he handles are not waste. Ms. Parks said that the businesses he deals with are not purchasing cardboard boxes. They are buying what is inside and discarding the boxes; therefore, they are waste. The Board discussed condition “c,” regarding the quarterly report to the Resource Recovery Plant. Mr. Bouska said that he would not necessarily mind providing the report. However, he would object to all of the conditions if the Board decided to put them in place and would like an explanation as to the rationale behind them. He said that he never agreed to an amended application, but he wants to get past this so he can sign the contract with Iowa State. Mr. Bouska questioned the Board’s authority to say whether or not he needs a Special Use Permit. Mr. Brooks read a portion of the Applicable Law from the staff report, which states “Table 29.901(2) of the Ames Municipal Code lists uses that are allowed with the GI General Industrial zoning district and under whose authority approval can be granted. Waste Processing and Transfer is permitted but requires a Special Use Permit from the Zoning Board of Adjustment.” Mr. Bouska again argued that he is not dealing with waste, he is dealing with a commodity. Discussion ensued; it was determined that a decision on the application before the Board would be made. Mr. Bouska said that if the application was granted, he would take the permit but disagree with the fact that he needs it. He stated that he applied for the permit under false pretenses. He asked if he had the right to come back to the Board and say that he does not agree that he needs the permit. Ms. Parks stated that he could request an appeal of an interpretation, but it would have been better to do that before going to the Board with the Special Use Permit application. Mr. Bouska said that he should have done that first, but he was told that there would be no issues with the Special Use Permit. Stacy Warren, 118 Freel Drive, Ames, Iowa, said that he received a letter stating that the applicant is requesting to run a recycling business. He questioned why the applicant is allowed to run the business and then apply for a permit after the fact. He is concerned that Mr. Bouska is doing things backwards just to procure a signed contract. Assistant City Attorney Parks explained that the City was just recently made aware of the extent of the recycling operation. Mr. Bouska did speak with City 4 faculty about his business at its inception; however, it was a specific question to the City Sanitarian regarding truck inspection that was addressed at that time. The City became aware of the extent of the operation because of a pending contract with Iowa State University, which was the impetus for determining that the business does need a permit. Ms. Parks explained that when the City finds out about a Code violation, an opportunity is given to correct things before a fine is issued. If the Board denied the application and Mr. Bouska continued to operate the business, then it would become an enforcement issue. Mike Louis, Mike Louis Body & Paint, 1901 East Lincoln Way, Ames, Iowa, stated that he owns a business across the street from Mr. Bouska’s business. He said that he was not aware that the business was even there, so it must be operated in a way that doesn’t cause problems. In reference to Mr. Warren’s concerns about the business being operated without a permit, Mr. Bouska stated that he spoke with the City Manager, Public Works, Planning, and the Assistant City Attorney before beginning operations. He said that he talked to everybody, and the letter from the City says that he does not need a permit for his vehicle. Moved by Brooks, seconded by Ebel, to approve the Special Use Permit to allow cardboard recycling at 1910 East Lincoln Way by adopting the staff’s findings of facts, with the following conditions: a.All cardboard shall be stored inside. b.Denali Recycling provide a quarterly report on the amount of cardboard that he removes from the waste stream to the Resource Recovery Plant. Ms. Ebel noted that the applicant had asked for the rationale behind the conditions; the storage condition is required to make the application meet the standards in the Code, and quarterly report is to help the City provide their report to the state. Vote on Motion: 4-0. Motion declared approved unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: The meeting adjourned at 8:13 p.m. ______________________________________________________________________ Emily Burton, Recording Secretary Elizabeth Erbes, Chair