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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 11-09-2011MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA NOVEMBER 9, 2011 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on November 9, 2011, in the Council Chambers of City Hall with the following members present: Bruce Calhoun, Elizabeth Erbes, Sandra McJimsey, Gary Taylor, and Thomas Weber. Staff members Sam Perry and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Weber, seconded by Taylor, to approve the minutes of the meeting of August 24, 2011, as written. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 11-20 - VARIANCE - 2900 UNIVERSITY BOULEVARD Public Hearing on application for a Variance to allow parking between a building and a major thoroughfare street City Planner Sam Perry explained that this project is for WebFilings, an Ames company that is expanding its business. The subject property is three lots that have been consolidated into one large 18-acre lot, creating a parcel much larger than any in the immediate area. The applicant plans to construct a 60,000-square-foot facility. This building will be Phase 1 of a several-phase project, but no future phases are included on the site plan. The site layout is sensitive to the natural features on the property such as streams, trees, and topography. The applicant has laid out the parking and buildings in such a way to respect the natural features while also facilitating the potential for the most efficient future expansion. The location of the parking is the need for a variance; the Planned Industrial (PI) Zone has a standard that prohibits parking between buildings and major thoroughfares. The subject property is bordered by Airport Road and University Boulevard, both of which are considered major thoroughfares or arterial streets. Many existing sites in the area have parking in between the buildings and major thoroughfares; these sites were built before the zoning standard was put in place. Mr. Perry described the range of topographic changes on the property and how they create some difficulty in developing the site. He noted that the size of project required consolidating the parcels together; on the surface this may seem like a self-created hardship with the varying landscape. However, there is no maximum lot size in the PI Zone, so the applicant has the right to create a lot size to fit the scale of the project. The consolidating of lots also created the encumbrance of having multiple frontages. The creek bisects the southern portion of the site, which is a natural feature that the other lots in the area do not have to deal with. The staff report and variance criteria were reviewed. Mr. Perry indicated that City staff was recommending approval of the application on the condition that there is a 50-foot setback from streets for all parking areas. He explained that this condition would maintain the essential character of the area, as the existing developed area has parking set back at least 50 feet from the thoroughfare. Chair Calhoun inquired about pending City Council action that may affect this project. Mr. Perry explained that there is a proposed text amendment to remove the restriction of parking between buildings and streets along major thoroughfares in the PI Zone. The request was initiated by City staff after this project brought the issue to light. He stated that staff could not identify the rationale for this rule in industrial zones. Board Member Taylor noted that since this is the first of multiple phases for this project, conceivably a building may be built between the parking and the street to make the variance unnecessary. Mr. Perry concurred; however, since no future phases are reflected on the current site plan, the need for a variance must be determined by what is currently planned. Denny Sharp, FEH Associates, 604 East Grand Avenue, Des Moines, Iowa, stated that he was representing the applicant. Chair Calhoun noted that an applicant must demonstrate that a reasonable return cannot be yielded if the variance isn’t granted; he is unsure if this standard has been met. Mr. Sharp said that handicapped and visitor parking needs to be in front of the building. Denial of the variance would force the handicapped parking to be located far away from the building entrance, on the south side of the creek, making accessibility for handicapped individuals more challenging. He stated that Webfilings is a rapidly growing company, and recruiting people is important to its success. The site plan is focused on the style of the building and how it sits on the site. The applicants are interested in having the building sit next to creek and trees to experience a connection with the natural landscape. Locating the building on any other part of the site would be contrary to Webfilings’ goals. Mr. Calhoun inquired about the future buildings on the site. Mr. Sharp presented a conceptual drawing of the site fully built-out, which depicts a building between the proposed parking area and Airport Road. Mr. Calhoun noted that the conceptual Building 3 would do away with the parking being between Building 1 and the street. He questioned if the Board could have some assurance that every effort would be made to not have parking in an area that would require another variance in the future. Board Member Taylor said that there does not appear to be a feasible place to put ADA-compliant parking other than where it is proposed. He said that the only alternative would be to move the parking to the other side of the building, in which case a different access point would need to be made from the street. Mr. Sharp indicated that they did seek other alternatives, but the proposal was what works best for the site. He noted that the layout includes an outdoor program area near the creek and trees. Board Member McJimsey asked if the applicants would need another variance if the second building’s parking lot had a similar problem. Mr. Perry indicated that the variance at hand would apply to the entire parcel, unless the Board conditioned the variance on just the existing site plan. In regards to the reasonable return criterion, Mr. Perry reiterated that in order to get the full use of the site, the applicants must build it with the natural features and encumbrances in mind. Mr. Calhoun said that the building could be built near Airport Road and the parking put behind it. He thinks that the problem could have been overcome, but he understands the intentions of the project. Moved by Taylor, seconded by Erbes, to adopt ORDER NO. 11-20, thereby approving the request for a Variance to allow parking between buildings and major thoroughfare streets for the property located at 2900 University Boulevard, based on the findings and conclusions as stated in the staff report, with the condition that there is a 50-foot setback from streets for all parking areas. Vote on Motion: 5-0. Motion declared approved unanimously. CASE NO. 11-21 - SPECIAL USE PERMIT - 3925 CALHOUN AVENUE Public Hearing on application for Special Use Permit to allow building additions for an existing Special Use Permit Planner Perry explained that this is a revision to a Special Use Permit that the Board granted in November of 2010. At that time, the permit was for a conversion from a three-unit to a two-unit dwelling. No plans were submitted because there was no proposed change to the site layout except the removal of a detached single stall garage. The owner now has a plan drawn and project in mind with a site plan. Because the original permit did not authorize changes to the building footprint, the applicant is seeking a new permit. Mr. Perry reviewed the site plan and photos of the property. The main focus of the project involves garages; the proposal is to replace the torn down single stall garage with a two stall attached garage and widen the driveway. The existing two-car garage on the south side of the house will be replaced with a new attached two- car garage. The Zoning Ordinance allows expansions of non-conforming uses up to 125%. The proposal will result in a 124% increase of gross floor area square footage when compared to the cumulative square footage of all the buildings existing prior to the owner’s acquisition of the property. The special use permit criteria and findings of fact and conclusions were reviewed by Mr. Perry. He noted that most of the criteria have to do with making the proposal fit in well with the neighborhood. City staff is recommending approval of the application with conditions. Board Member Taylor inquired about the off-street parking requirements. Mr. Perry indicated that the proposal exceeds the required off-street parking, and it complies with the maximum garage door space per unit. Dennis Wendel, 917 Adams Street, Ames, Iowa, stated that he is in support of the application. He finds the proposed layout very appealing. He indicated that he has spoken to a number of neighbors about the project, and everyone in the immediate vicinity agrees that the new owner is greatly improving the appearance of the property. Moved by Erbes, seconded by McJimsey, to adopt ORDER NO. 11-21, thereby approving the request for a Special Use Permit to allow the proposed building additions for an existing Special Use Permit for the property located at 3925 Calhoun Avenue, based on the findings of fact and conclusions as stated in the staff report, with the following conditions: a. The conversion of the excess gravel parking area along the south property line into green space shall be completed within one year b. A building permit shall not be issued unless a curb cut on Adams Street is approved by Public Works, or the driveway location is revised on the site plan and approved by staff Vote on Motion: 5-0. Motion declared approved unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: The meeting adjourned at 7:46 p.m. ______________________________ _____________________________ Emily Burton, Recording Secretary Bruce Calhoun, Chair