HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 12-08-2010M INU TES OF THE REGULAR M EE TING OF
T HE ZONING B OARD O F ADJUS TMENT
A M ES , IO W A D EC EM BE R 8, 2010
T h e Ames Zo ning B oard of Ad ju stment (Z BA) met, pu rsu an t to law, in r egu lar sessio n at 7 :0 0 p .m.
o n D ece m ber 8, 2 01 0, in th e Co un cil Ch am b ers o f C it y H a ll w it h the follo w ing m em b ers p resen t:
B ruce C alhoun , Elizabeth E rbes, S andra M cJim sey, G ary Taylor, and T hom as W eber. Staff m em bers
Jeff B en son , Sam P erry, an d Jud y P ark s w ere also presen t.
A P P R O V A L O F M IN U T E S : M oved by C alhoun, seconded by T aylor, to approve the m inutes of the
m eeting of N ovem ber 10, 2010, as w ritten.
V ote on M otion : 5-0 . M otion carried u nanim ou sly.
C A SE N O . 10-20
S P ECIAL USE PE RMIT - US CE LL UL AR, 61 6 BIL LY S UNDAY RO AD
Public Hearing on applica tion fo r Sp ecia l Use Perm it to allow a wireless communica tion antenna
on the property located at 616 Billy Sun day R oad
City Plan ner Jeff Benso n explained that U.S. Cellu lar wish es to erect a 1 20-foo t-tall cell tow e r for
w ireless com m unications. The location of the proposal is o n B illy Sunday Road, just south of the
interchan ge of H ighw ay 30 and D uff A venue. T he site is surr o u n d e d b y H igh D ensity Residen tial
apartm ents to the w est, the state forest nur ser y to the south, H unziker Y outh Sports Com plex to the
east, an d a C ity park and anim al shelter to north and northw est. M r. Benson ind icated that the p rop osed
location m eets the criteria.
M r. B enso n n oted that ev en tho u gh the ar ea is zo ned reside ntial, the o nly near by residen ces are directly
to the w est of the su bject pro perty. H igh-D ensity Residen tial Z on ing allow s up to 10 story bu ildings
and projections up to 150 tall; the proposed tow er is 120 feet tall. M r. Benson show ed a picture of the
apartm ent building directly w est of the site. W indow s on the apartm ent com plex do face th e tow er;
ho w ever, the m ajority of the w ind ow s on the building face ano ther direction .
M r. Benson review ed the staff report, and described how the prop osal m et the standards in the
M unicipal Code. H e no ted that there w o uld be sp ace av ailable on the tow er fo r three o ther carr iers if
any w ished to locate there in th e futu re. C ity staff recom m end ed ap prov al of th e app lication w ith
con dition s.
Board M em ber Taylor asked M r. Benson if there w ere any other structures or tow ers w ithin a
reaso n ab le pro x im ity for U .S . C ellular to locate on rath er th an bu ilding a new tow er. M r. B en son said
that there is nothing w ithin a quarter m ile. M r. Taylor asked if the subject site is in the flood plain; M r.
B en son stated that it is not.
B oard M em ber C alho un noted that o ne of the stand ards requires the tow er to be safe. H e is con cerned
about ice form ing on the tow er, especially because it is so close to the parking lot. H e asked if there
is a history of a tow er being this close to a park ing lot. M r. Benson said that he is not aw are of any
su ch histor y; staff relies on the structu ral engineer ’s cer tificatio n statem en t to ensu re that the po le is
safe.
Rich Kotite, 25 87 0 High way 2, K eo saq ua, Io wa, s tated th at he is the Site Acqu isition Agent for U.S.
C ellu lar. M r. K otite ex plained how cellular com m u nication s w or k, an d the ro le th at ce ll to w ers p lay.
H e stated that there have to b e tow er s scatter ed throughout an area to support cell phones, as they have
lim ited ran ge. T his site w ou ld prov ide enhan ced cov erage alon g H ighw ay 30 and S ou th D uff A venue.
Chair W eber asked M r. Kotite to show the Board w hy the tow er needs to be located where proposed.
M r. Kotite show ed an illustration of the South Duff signal quality before and after the installation of
a tow er . H e explained that the radio frequency engineer at U .S. Cellular created the illustr ation fr om
softw are that can predict the propagation of the signal based on topology and terrain.
M r. W eber asked w hy U .S. Cellular chose this location . M r. Kotite said that the site has a nice natural
elevatio n . T h ere is a floo d p lain to the east of the site, w hich they w anted to av oid. T hey had also
loo ked at a site on the other side of D uff A ven ue, bu t it w as 10 feet from b eing in the airport’s runw ay
flight path. M r. Kotite noted that the FA A has determ ined that the tow er w ould not be a hazard on the
current site.
B oard M em ber C alho un asked M r. Kotite to dem on strate to the satisfaction of the Bo ard that the tow er
is safe, including safe from falling ice and other deb ris. M r. Ko tite said that the tow er w ill be located
at least 2 5 feet from the parking lot. The com pound will be surrounded by w ooden fence, and the
distance from the tow er to the fence is approxim ately 25 feet. M r. Calhoun asked about ice building
up and falling off of the tow er. M r. Kotite said that the structure is built to w ithstand ice build up. M r.
Calhoun said that ice could fall off and hit a car or possibly kill som eone. M r. Kotite indicated that he
h as never hear d of that hap pening before; he has n ev er heard of ice fallin g o u ts ide of the fen ced-in
com po un d.
M r. C alh ou n asked fo r p ro of tha t the tow er had to be 12 0 feet tall. M r. K otite ex plaine d that the peo p le
inv olve d con sid er zon ing an d the netw ork req uirem en ts w hen determ inin g th e h eight; the goal is to
find the m ost efficient height to p rov ide m ax im u m c o v e rages. It behoo ves them to b uild a sm aller
tow er, because it is cheaper. W ith that in m ind , they also w ant to take adv antage of the site and get as
high as possible to provide the best coverage. Because the City encourages co-location, they also want
to b uild a tow er that w ou ld b e co-usable by ano ther carrier. O ftentim es the C ity w ill ask for a taller
tow er to suppo rt co-location . M r. Calho un no ted that on e of the co-location spo ts on the tow er is at
90 feet. H e asked if that w ould be high enough for another carrier to use it. M r. Kotite said that there
is no w ay to know , because he does not know w hat other com panies’ engineering is. D ifferent
com pan ies use different techn ologies.
M r. Calhoun noted that the applicant needs to provide co-location, but if it doesn’t w ork, then they’re
n ot prov idin g an ything. H e ask ed M r. Benso n ho w the C ity loo k s at th at situation . M r. B enso n said
that the tow er needs to ph ysically be able to accom m od ate co-location . M r. Calho un is con cerned
about successfully co-locating on that tow er.
M r. W eber asked w hat w ou ld happ en if the tow er collapsed. M r. Kotite said that the tow er is designed
to co llapse on itself. T he likeliho od is ex trem ely low , bu t if it did co m p letely co llap se, it w o uld fall
a distance of 60 feet aw ay from the b ase. The failure w ould occur at the m iddle and it w ould bend
over. M r. W eber cautioned that there can be very high winds in this region. M r. Kotite said that the
tow ers are engineered to w ithstand high w ind s and ice.
Board Memb er McJimsey asked wh at wou ld happ en to th e tower an d the Special Use Permit if U.S.
C ellular aband on ed it. M r. Ko tite said tha t h e d oesn ’t k no w of an y requ irem ents from the C ity, bu t it
is a term of the lease to re m o v e the tow er. M s. M cJim sey asked if U .S . Cellular could sell it. M r.
Kotite said that they could assign ow nersh ip to another com pan y. If U .S. Cellular term inates the lease
or abandons the tow er, it is legally obligated to rem ove the tow er and r estore the land to its previous
state. M s. M cJim sey asked if the S pecial U se Perm it w ou ld transfer to a new com pany if the tow er
w ere sold. A ssistant City A ttorney Judy P arks stated that the perm it is for an entity, so a new com pany
w ou ld h av e to reapp ly fo r the perm it.
R uss M intle, R F En gineer for U .S . Cellular, addressed M r. Calhoun ’s question about the necessary
height of the tow er. H e sh ow ed the B oard an illustration o f the new co verages that w ou ld b e provided
w ith the new tow er. H e ex plained that the m ain reason for the height is to get ov er H ighw ay 30 , to get
the right angle, and to propagate. In order to get high enough to angle the antennas dow nw ard, it needs
to be at 11 0 to 120 feet high. M r. Calhoun asked if that inform ation w as m od eled and if the m od el w as
in U .S. Cellular’s record s. H e also asked how the m inim um height is determ ined. M r. M intle said that
he usually starts w ith an understanding of the area and of the desir ed cover age. Star ting w ith a 100 foot
height, he propagates it out to see w hat that gets. H e explained that he started w ith a low er num ber on
this project because of the prox im ity to the airport. M r. Calhoun asked if the technology w ould w ork
if m o un ted at 90 feet. M r. M intle said that 9 0 feet w as too sh ort.
M ov ed by T aylor, seconded b y C alho un , to ad op t O R D E R N O . 10-2 0, thereb y app rov ing the requ est
for a Sp ecial U se P erm it to con struct a cell site w ith anten nae m ou nted on a 12 0-foo t tall m o no po le
at 61 6 B illy Sun day R oad , w ith the follow ing stipu lation s:
a.That a signed and recorded copy of each easem ent on the subject property be provided to the
D ep artm ent of P lann ing and H ou sin g, prio r to app ro val of the bu ilding perm it.
b.T hat the applicant shall apply for and receive a building perm it and m eet all applicable codes
o f the C ity, S tate, an d Federal go vern m en ts for the in stallatio n of a cell site w ith a 12 0-foo t-tall
m on op ole w ith antenn ae and associated grou nd equ ipm ent, includ ing anti-clim bing dev ices.
c.That other service providers be accom m odated for co-location as per Section 29.1307(7)g of
the M unicipal Code.
V ote on m o tion : 5-0. M otio n declared app ro ved un an im o usly.
C A SE N O . 10-18
SPECIAL USE PERMIT - ASCENSION LUTHERAN CHURCH, 2400 BLOOMINGTON ROAD
Public Hea ring on ap plicatio n fo r Special Use Perm it to allo w a relig io us institutio n in a
Residentia l Zone
C ity P lan ner S am P erry ex plained th at A scension Lu th eran C hu rch desires to con struct a new facility.
T he church had propo sed a pro ject in 2006 for a S pecial U se P erm it w hich w as appro ved , but it w as
no t acted u po n, so it expired. T he p roject is now ready to m ov e forw ard.
M r. P erry said that the re is residential develo pm ent su rr ou nd ing the site, a C ity p ar k acro ss the stree t,
and another church of sim ilar siz e to the no rtheast. T he chu rch w ill b e a 12 ,000 square foot octagon al
bu ilding w ith a pitched roof.
M r. Perry review ed the details o f th e project, and no ted that the C ity’s D evelop m ent Rev iew
C ommittee had rev iewed the requ est an d fou nd the p ro po sal satisfactor y. T he sub ject of signage came
up during the internal rev iew , and because of grade and other safety factors, the T raffic E ngineer
recom m ended that signage be on the east side of the drivew ay only. This recom m endation w as m ade
into one of the conditions in City staff’s final recom m endation.
M r. Perry discussed the land scaping, lighting, and screening req uirem ents. H e stated that this site has
been an agricultural use, so the pro p o sal w ill be an im pro vem ent as far as com patibility to the area.
H e no ted that there w ill be a m ow line; the en tire site w ill likely not be m ow ed consistently.
C hair W eber asked ho w different the cu rrent propo sal is from the 200 6 pro ject. M r. P erry stated that
they are quite sim ilar.
W ith regar d to the approxim ate m ow line, M r. Calhoun asked what the applicant is proposing to do
outside the line. H e is concer ned that it m ight not be com patible; it could end up being a w eed patch.
M r. P erry said that the m ow line w as recom m end ed because the app licants w ere un sure w hether they
w ou ld h ave equipm ent, tim e, or resources to m anicure the entire site.
M s. M cJim sey ask ed ab ou t d rainage on th e site. M r. P erry sa id that th e draina ge is to the n orth eas t;
it flow s into a dry pond area. T here w ould be some regrading, but the drainage essentially follow s the
topography. M s. M cJim sey said that she w anted to make sure that there w ou ld be no im pact on the
n eighb ors’ b ack yards. M r. P erry said that the p lan m eets the 100 year storm req uirem en ts, w h ich is
all the C ity requ ires. T he storm w ater m anagem ent plan has been ap pro ved by the C ity’s engineers.
M s. M cJim sey referen ced Find ing N u m ber 7 in the staff repo rt, w h ich relates to a co nd ition listed in
staff’s recom m end ation . Th e co nd ition states tha t “T he sco p e of op eratio n i s lim ited to w o rsh ip
activities; no ancillary pu blic services such as ho using, counseling, day care or m eals are allow ed.” M s.
M cJim sey asked how liter ally this w ould be interpreted. S he noted that chur ches occasionally allow
grou ps to use their facilities. M r. P erry said that staff is not taking it from a literal standpo int. S un day
school, classrooms, and pot-lucks w ould be allow ed; a counseling center that is open from 8:00 to 5:00
w ould not. Staff looks at principal uses and accessory uses. If ther e becam e another principal use on
the site, su ch as a pu blic sou p kitch en or day care, that w o uld n ot be allo w ed. M s. M cJim sey asked if
that w ou ld be addressed on a com plaint basis. M r. P erry said that if the chu rch w anted to open a day
care, they w ou ld h ave to con tact the C ity and find out w hat the p roced ures w ere. M s. M cJim sey
surm ised that if City staff and the app licant are ok ay w ith this langu age, then the p ub lic do esn’t need
to w orry about it. M r. Perry concurred.
B oard M em ber Erbes said that she also has concern about w ording being too restrictive. Th e B oard
discussed possible w ord ing to m ake the cond ition less restrictive.
N athan Easter, 27 30 Ford Street, A m es, Iow a, representing B olton & M enk C on sulting E ngineers &
S urv eyo rs, ad dresse d the issu e o f the m o w lin e. H e stated that the desire is to m ow the w ho le lo t;
h ow ev er, seven acres is a lot of gro u nd . M r. C alh ou n asked how storm w ater flow can be accu rately
calculated if the landscape/law n plan is still unknow n. M r. Easter said that the calculations w ere m ade
assum ing that it w ould be a m ow ed sw ale. Board M em ber Taylor asked if the storm w ater plan
anticipated any type of plantings or required any particular type of cover . M r. Easter said that taller
grass or plantings can affect calculations, and he assum ed that it w ould be a law n when figuring the
storm w ater plan.
M s. M cJim sey ask ed for an ex plan ation of ho w the dry po nd w orks. M r. Easter ex p lained th at is it
p osition ed su ch that there w o uld be eno ugh roo m to ex p an d the bu ilding or p arking lot som etim e in
the future. T he slopes in the p on d are 4:1, w hich is slightly steep bu t still able to be m ow ed. The goal
is to not create a w et pond or have w ater at the bottom of it. The pond is com patible w ith the w ay the
drainage naturally flow s in that area, and there is an intake along Bloomington Road that is able to be
tied into. M s. M cJim sey said that her concern is keeping w ater from going to the ho uses behind the
church. M r. Easter said that it w ould be possible to put a ber m along that area; how ever , he does not
w ant to im pede drainage com ing from tho se pro perties to the sub ject pro perty either. M s. M cJim sey
asked if water stand s o n th e pr op er ty n ow. Mr . Easter said th at he is no t aware of such a prob lem.
M s. M cJim sey asked if the neighbors are aw are of this pro ject. M r. Perry stated that there h ave b een
a cou ple outreaches, but no com m ents either to the C ity or to the chu rch b uilding com m ittee.
R ichard G lado n, 18 21 N or th w e stern A ven ue, A m es, Iow a, stated that the church sent perso naliz ed
letters on N ov em ber 23 to each of the residen ts w ithin 200 feet of the site. T here w ere several nam es
and contact num bers listed on the letter; there has been no com m unication from any of the 37
recipients. M s. M cJim sey expressed her appreciation for that effort. She said that it dem onstrates the
w ant to be a good neighbor.
In regards to the m ow line, M r. Calhoun said that the site sho u ld b e h a r m on iou s w ith the general
principles of the LU PP and the appearance and intended character of the vicinity. H e asked what the
plan w as for the m ow line, and how it w ill look acceptable and harm onious w ith the surroundings. M r.
G ladon said that the initial intention w as to fit the entire property and plant a bluegrass m ixture. The
discussion of a m ow line w as som ething that just cam e up recently. H e said that the church is w illing
to plant the lot ho w the B oard desires.
M s. M cJim sey asked how the church feels about the language lim iting the use to only w o rsh ip
activ ities. M r. G lado n said that the chu rch w o uld ap preciate a little bit br oad er inter pretatio n o f that.
H e said that the y w o u ld n o t co n sid er doing an y othe r use b efo re asking. Th ere w ill be w o rsh ip
services, Sun day school, m id-w eek con firm ation classes, occasion al lock-ins for teenagers, and other
religiou s education occurring. M r. G lado n said that as lon g as tho se can be cov ered, the church is ok ay
w ith the curren t w ord ing.
M ov ed b y E rbes, seconded by M cJim sey, to adop t O RD E R N O . 10 -18 , thereby app rov ing the requ est
for a Special U se Perm it for a religious institution in a residential zone at 24 00 Bloomington Roa d,
subject to th e find ings of fact and conclusions stated in the S taff Repo rt, sub ject to the propo sal as
detailed on the S ite Plan, and sub ject to the follow ing condition s:
a.N o on -site signage shall b e installed w est of the d rivew ay.
b.N o electronic signs such as LED (light em itting diode) displays shall be perm itted.
c.M echanical screening details shall be submitted to Planning staff, approved and installed prior
to occupancy of the building.
d.T he scop e of op eration is prim arily w orsh ip activities, w ith o ccasion al pu blic services such as
ho using, counseling, daycare or m eals.
e.A flat lens shall be required on site lighting fix tures.
f.T hat the site w ill be planted in a turf grass m ix ture, ex cept for the w oo ded area.
The Board discussed the w ording of condition (d) at length.
M oved by M cJim sey, second by T aylor, to amend condition (d) to state that “The scope of operation
is prim arily w orship activities.” W ith all Board M em bers in agreem ent, Chair W eber declared the
condition am ended.
B oard M em ber Calhoun discussed different w ording for condition (f).
M oved by Calhoun, seconded by Erbes, to am end condition (f) to state “That all areas exclusive of
p av ed an d build ing areas an d the w o od ed area shall be estab lished w it h tu rf g rass co ver.” W ith all
Board M em bers in agreem ent, Chair W eber declared the condition am ended.
R oll Call V ote:5-0. M otio n w ith am en ded co nd itio ns declared app ro ved un an im o usly.
C A SE N O . 10-21
E X CE P T ION FOR MINOR AR E A MODIF ICA T ION - B RA D LAR SON, 31 1 P E AR SON A VE NU E
Pu blic H earing on app lication for tw o M inor A rea M odifications to allow a four-foot exception
to th e fro n t setb ack an d a tw o-f oo t excep tion to th e sid e setback
P lann er P erry stated that the requ est is to con struct a s in gle car garage and attach it to an existin g two
car garage. The proposed garage w ould encroach into the front setback approxim ately four feet, and
the side setback about tw o feet. M r. P erry noted a correction on the staff report; ther e is no t a retaining
w all on the p rop erty.
M r. Perry explained that the applicants have been working on getting additional parking on the
property for som e tim e. The topography and narrow approach m ake it difficult to get cars in and out
of the existing drivew ay. Front yard parking is not allow ed in this area, but rear yard parking is. The
orientation of the lot is such that there is not a w ay to have p ar k ing in the rear yard. M r. Perry
ex plained that the orientation o f the lot pro vides a practical difficulty for building a conform ing garage.
M r. P erry review ed the staff repo rt, and stated that the application m et the stand ards in the Code. S taff
believes that the en croach m ent w ill be hard ly noticeable to the public.
Since the staff report w as w ritten, M r. Perry indicated that there w ere som e public com m ents about
the project. O ne w as from adjacent property ow ner to the w est, and after the proposal w as explained,
there w as no op po sition . M r. P erry also received an an on ym ou s com m ent. T his person believed that
the garage w ou ld have a negative aesthetic im pact on the area.
B oard M em ber C alho un asked about top ograp hy of the site. H e asked if there w ou ld b e any addition al
grading do ne during the p roject. M r. Perry said that he w as no t aw are of any addition al grading p lans;
the existing topography is already m ore severe than any proposed changes. M r. Calhoun w anted to be
sure that any w ork done w ould be cut or flatw ork, and no retaining w all w ould be constr ucted.
B oard M em ber M cJim sey asked how City staff w eighed the com m ent about the aesthetic im pact. M r.
Perry said that staff did not do a thorough analysis of the design. H e does not have enough inform ation
to m ak e a stand on w h ether it w ill or w ill no t have a n ega tive im pact aesthetically.
M r. P erry show ed the zo ning bo un daries and the overlay z on e bo un daries. H e ind icated that the p roject
do es not con flict w ith the ov erlay stand ards. The B oard discussed fron t yard p arking regulation s.
T rent P aulson, 311 P earson A venue, A m es, Iow a, stated that he and his tw in b rother o w n the house.
The triangular lot m akes it difficult for them to have front yard parking, because they essentially have
tw o fron t yards. H e said that they are trying to im pro ve the hom e.
N ick Paulson , 24 74 3 Co tton w o od R oad , C ou ncil B luffs, Io w a, stated that h e an d h is w ife visit their
sons qu ite often, and qu ite often they get a ticket for parking on the street. H e is proud of the job that
his sons are doing on this house and the im provem ents that they have m ade. In regards to the gr ading
question, he said that the slope w ill com e dow n to the sidew alk, and it w ill be a gradual cut right up
to the garage elevation floor. H e w ill m ake sure that no fill w ill be brought in.
M s. M cJim sey asked what the applicants envisioned for the garage aesthetically. M r. Nick Paulson
s a id th at it w ou ld b e a 12 foo t by 24 foo t garage. It w ill sit back from the front of the o ther garage
app rox im ately 12 feet. It w on ’t com e out to the fron t, and it w ill ex tend beyon d the back of the h ou se.
H e is bothered by som eone “anonym ously” opposing t he project; he do es not find an anonym ous
com plaint relevan t. M s. M cJim sey ask ed h ow the ro of lines w ill tie in. M r. Trent P aulson said that they
w ill try to tie it in to m atch the house and garage roof as best as po ssible. T he ex terior finishes w ill also
be the sam e. M s. M cJim sey asked about landscaping along the side of the garage. M r. N ick Paulson
said that his w ife w ill plant flow ers there.
M ov ed by T aylor, seconded by Calhoun, to adopt O RD ER N O S. 10-21a and 10-21b, thereby
approving the requests for Ex ceptions for M inor A rea M odifications for a 2 foot reduction of the
required 8 foo t side setback and a 4 foot redu ction of the req uired 25 foo t fron t setback , for an attached
garage on a single-fam ily d w ellin g, b ase d on the fin dings of fact an d con clusion s as stated in the S taff
R eport and sub ject to the follow ing condition s:
a.That a copy of the recorded Plat of Survey be received by the Planning office before a building
perm it is issued.
b.That the encroachment of the addition is limited to the areas show n on Attachment C.
R oll Call V ote: 4-0 -1. V oting A ye: W eber, C alhoun , Erbes, T aylor. V oting N ay: N on e. A bstaining:
M cJim sey. M otion declared approved.
C OM M EN TS : There w ere no com m ents by the Board.
ADJ OURNMEN T : T he meetin g adjou rn ed at 9:16 p.m.
___________________________________________________________
Em ily B urto n, R ecording Secr etary T ho m as W eber, C hair