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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 1-09-2008MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JANUARY 9, 2008 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on January 9, 2008, in the Council Chambers of City Hall with the following members present: Denise Link, Mary Ann Lundy, Lucy Martin, Bradley Miller and Thomas Weber. Staff members Steve Osguthorpe and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Lundy, seconded by Weber, to approve the minutes of the meeting of December 12, 2007. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 08-01 SPECIAL USE PERMIT - CPMI-CRE CORALVILLE LTP; PROPERTY OWNER; RICHARD JANSSEN, REPRESENTATIVE Public Hearing on application for Special Use Permit to allow the operation of a banquet facility in a Planned Industrial (PI) Zone at 2321 North Loop Drive Planning Department Director Osguthorpe stated that this request is to use a facility in the ISU Research Park, which was previously approved by the City Council for use as a cafeteria and auditorium, as a banquet facility open to the general public. Last summer a different applicant requested a similar permit to allow the operation of a banquet and catering use on the premises. The previous applicant is no longer in town and Mr. Osguthorpe stated that the present applicant is requesting a banquet facility use only. The applicant states that a banquet facility will enhance the ability to market rental space at 2321 North Loop Drive, as well as help attract new companies and individuals to the ISU Research Park. The applicant also notes that other research parks offer like facilities as a matter of course, although no evidence to support that claim was presented with the application. Mr. Osguthorpe stated that the Research Park already has the ability to use the facility for banquets for it’s own purposes, employees, and events; what is not allowed is having it open to the general public. Since banquets are usually limited to invited guests, staff believes that there are other ways of advertising the Park to potential newcomers. Mr. Osguthorpe further stated that while providing a banquet facility does fits with certain objectives of the Land Use Policy Plan in terms of bringing diversity to the economy, the use of industrial land for a facility that is not related to the industrial use diminishes the viability of the industrial land for its intended purpose. Therefore, the proposal violates Section 29.1503(4)(a)(I) of the zoning code. He went on to say that while the building already exists and there are no proposed changes to the essential character of the area, a banquet facility open to the general public would change the operation into a commercial enterprise, a primary use in it’s own right, rather than one that provides secondary support to the primary purpose of the Park. This change in operation is contrary to Section 1503(4)(a)(ii) of the Ames Municipal Code. 2 In conclusion, Mr. Osguthorpe said that staff recommended denial of the application. The Planning and Zoning (P&Z) Commission, however, did recommend approval of the request for this permit, as submitted, at its meeting on December 17, 2007. He said the Commission did not make formal findings in support of the recommendation, other than to state the belief that having access to a dining facility within the Park is essential to the Research Park operating at its full capacity and is necessary. Richard Janssen, general partner for CPMI-CRE Coralville, who resides at 2225 Ironwood Court in Ames, stated that he did not have the foresight to see that the previous applicant, The Basil, would abandon it’s lease and that he would have to request a Special Use Permit a second time. He explained that this application differs from the previous one in that they no longer intend to use the facilities for the purpose of catering out. They would use the facility themselves and perhaps bring outside caterers in. The facility will be used to develop the park and possibly bring in some additional revenue to make it viable. Mr. Janssen said that he strongly disagrees with staff’s interpretation that the proposed banquet facility is not essential to the Research Park. He drew the Board members’ attention to a statement approved by the Research Park Corporation’s Board of Directors in December 2007, in which they affirm the belief that having such an operation would provide “...a necessary, ancillary service to the primary purpose of the Research Park as set out in the Park’s Declaration of Covenants and Restrictions....” Mr. Janssen cited a study commissioned a few years ago by Northwestern University in Evanston to determine what is necessary for growth in a research park. Two of the items deemed necessary were a parking ramp, which is unnecessary in Ames at present, and a banquet facility, including rooms. The University then included those features and its research park has been very successful for several years. Both large and small groups go there and the facility gives them a place for marketing. Mr. Janssen added that his is not aware of a single banquet facility within a research park that is exclusively used by the park tenants. It is his belief that the proposed facility needs to operate to enhance the ISU Research Park, and there is a need to have an ongoing business in order to cover the expense of operating the facility. Mr. Janssen stated that the building adjacent to the cafeteria is about 80 percent full now. Tenants have been asking for food service, so CPMI intends to do some research to see if it would be possible to operate the cafeteria for tenants during lunch hours. Since they are not in the restaurant business, they would have an outside service come in to operate the cafeteria, but there will have to be enough interest or commitment from the tenants before they begin. Mr. Janssen mentioned company retiree parties, as well as company business, marketing, and training events as ways they might use the facility. He said the room can accommodate 350 persons in a sit-down environment or it can function as an auditorium. He said occasional wedding receptions could take place on weekends; business functions would be held during the week. His own company hosts a party there twice a year. Many businesses, clubs, and quasi -public entities need facilities to do 3 that sort of thing, and he said that there seems to be a strong need for this at present, as Ames does not have many venues that can accommodate 350 people. Mr. Janssen said that all research parks have different focuses and different missions, but all of them are trying to develop new businesses and services within the confines of the Parks are necessary. Mr. Janssen advised the Board that literature created during the development of the park, including the 28-E Agreement between the founding entities, gave the Research Park Board the responsibility to operate and manage the park. Therefore, when the building owner and the Research Park Board and staff all agree that a use is essential, the Special Use Permit should serve as a means to approve that use; it should not be necessary to re-write the zoning code. Responding to a question from Board member Link, Mr. Osguthorpe stated that an Ames business owner would not be allowed to hold an employee meeting in this building if the business were not associated with the Research Park–that use is allowed only for businesses within the Research Park. He reminded the Board that this request involves having the building completely open to the public and they need to determine whether or not an event such as a wedding reception supports the purpose of the ISU Research Park. Mr. Janssen told the Board that a banquet facility does bring people to the Park and draws interest. At least five parties recently contacted him as a result of a wedding held in the building to see what his charges are and whether or not they could fit there. Board member Link stated that she was interested in having places for other businesses in the community to hold functions. She said there is a need in this community that this facility could fulfill. Hotels can accommodate certain sizes and configurations of groups, but as a former employee of EAI, she knows that this space is well suited for conferences and as an auditorium, and feels it is a shame that it is not being used. Steve Carter, 28021 550th Avenue, Ames, stated that he is the Director of the ISU Research Park. He said that in comparison to the average research park in the United States, the ISU Research Park is about the same size physically and has a few more employees. He noted, though, that today’s research parks differ significantly from their predecessors. Research parks associate to universities, they focus primarily in building entrepreneurial cultures, and a recent national study concluded that they are also recognized as “comprehensive developments that not only offer sites for companies and research institutions, but provide a full range of on-site amenities, such as services, restaurants, retail stores and even, in some cases, housing.” Nationally, Mr. Carter said, the trend is to see much more diverse development within research parks than in the past. In a number of communities, primarily more urban communities, research parks are even being used as redevelopment strategies, especially in run-down areas near universities. Mr. Carter acknowledged that the primary function of the ISU Research Park is to develop research and technology companies, but stated that the Code and the covenants of the Research Park always anticipated that the tenants, which are unique within the community, would require a variety of services. The Zoning Board’s approval process serves as a means to bring some of those services to those folks. He said it is a significant concern if the only services they can bring in are those that are 4 economically feasible for only the tenants of the Park. That’s an important limitation that would significantly impact the Research Park Corporation’s ability in the future to provide the kinds of diverse services that they may need to offer. Mr. Carter stated that, at present, the Park is home to 57 companies. The Research Park Corporation operates five buildings and is planning to build another one next year. CPMI owns two buildings. He said tenants have inquired about food service and he is confident that CPMI will do what they can to get a cafeteria up and running. The Research Park Board believes CPMI’s proposal is a reasonable approach to being able to economically provide the service; the Board supports this strategy and will do all they can to assist in making it a reality. Board member Weber asked how priority would be given to Park tenants. Mr. Janssen replied that, at present, bookings are made on a first-come, first-served basis. Tenants, however, do have financial preference, as they only pay 80 percent of the price charged to outside customers. Board Chair Miller asked about the five inquiries that were made pursuant to the wedding. Mr. Janssen stated that they were inquiries about renting space in the building, not about other banquets, and three parties were eventually given tours of the facility. Mr. Miller commented that he realized the ISU campus is not under city’s zoning jurisdiction, but he is aware that ISU is open to having its facilities used by outside groups because it generates business for the university. This practice is understandably part of a workable business model, and said he could see how even weddings can benefit the research mission of the Park. Board member Lundy remarked that many businesses bring people into their facility in order to market the facility. She cited Northcrest Retirement Community as one of them. Moved by Miller, seconded by Link, to ADOPT ORDER 08 -01 granting a Special Use Permit to allow the operation of a banquet facility in a Planned Industrial Zoning District at 2321 North Loop Drive. Roll Call Vote: 5-0 Motion declared approved unanimously. CASE NO. 08-02 SPECIAL HOME OCCUPATION PERMIT - STEVEN & MICHELLE MOORE, PROPERTY OWNERS/SELLERS; MICHAEL ERPS AND DON ERPS, PURCHASERS/BUSINESS OWNERS Public Hearing on application for Special Home Occupation Permit to allow a computer services business to operate at 1318 Wilson Avenue Planner Osguthorpe stated that this is a request to allow a computer services business to operate in a duplex in a residential neighborhood. The applicant is requesting hours of operation from 10:00 a.m until 7:00 p.m., Monday through Friday. He intends to have one delivery vehicle, which would make two or three trips per day; he expects that no more than four clients per day would visit the home to drop off or pick up their computers; and he proposes to have two employees. Mr. Osguthorpe said that all standards for approval seem to be met, but staff had some concerns about parking. There are presently five parking spaces on the site–two in the garage and three on the 5 single-width driveway. He said two off-street spaces are required per dwelling unit, so two would be claimed by the residents of one half of the duplex, and the other three would be available for the other unit and the business. Four-hour parking is allowed on Wilson Avenue, but it is preferable for vehicles associated with home business to be kept off the street. Staff, therefore, believes that an additional parking space should be provided behind the house for the delivery vehicle, and that the hours of operation should be from 10:00 a.m. only until 5:00 p.m., so that the delivery vehicle would not be there when the tenant comes home. Staff recommended approval of the permit with several stipulations to minimize the impact of the business on the neighborhood. In response to a question from the Board, Mr. Osguthorpe stated that the Municipal Code allows two outside employees, in addition to the resident. He added that this home occupation would only operate within one of the units of the duplex. Michael Erps, 2419 Bittersweet Court, Iowa City, stated that he is in the process of purchasing the duplex and part of the purchase agreement hinges on him obtaining this permit. He said that there are 1000 square feet in the unit he will live in and 800 square feet in the other unit, which is currently rented out. He proposes to locate the business in the basement, which is unfinished. The two parts of the basement are separated by a concrete block wall, and Mr. Erps said there is a door from the basement to the backyard, so the business would be totally separate from the living spaces. Mr. Erps said he has one branch of this business in Iowa City. He offers free pick -up and delivery of the computers, but expects that three or four people per month may want to drop off their own computers, so his estimate (on the application) of four customers coming to the residence per day is extremely high. He noted that once the business picks up to the point where it can be warranted, he’ll move to a retail location. Noting staff’s concern about his employees causing parking problems, he said that the home is only one block from a Cy-Ride bus stop and his employees are ISU students who do not always drive. Board member Martin asked Mr. Erps if the conditions proposed by staff were acceptable. He stated that he would not have a problem limiting customers or outside employees from being at the home after 5:00 p.m., but computers need to be returned to customers when they are home in the evenings. He said they usually go out about 5:30 to make rounds and then come back. He said he could accommodate staff’s proposed conditions, if necessary, but did not feel that having one vehicle depart and return after five was much different than if he simply went out to dinner. Mr. Erps also asked if it would be possible for him to wait until the ground thawed to pave the additional parking space staff requested in the rear. He said that he has one personal vehicle and a station wagon that will be used for the business. Half of the garage is being currently being used by the tenants for storage and their vehicle is parked in the other half. Their lease runs until July, but he could clear the garage to create additional parking until the new parking stall could be poured. He also offered to have his employees use Cy-Ride or to pick them up with the delivery vehicle this winter. 6 The Board discussed other home occupations that have been allowed to have customers in the evening, as well as various options that could help make this business operation workable for all parties. The single-car driveway was seen as having the potential to create a difficult situation for persons needing to get in or out of the parking spaces in the rear when there could be as many as three cars in the driveway. The Board did not want to force people to park on the street, as that would have a negative impact on the neighborhood. Mr. Erps stated that be has a mailbox at the UPS store downtown, so UPS or FedEx trucks will not be making deliveries to the residence. He also said that if clients were to make a visit, they would not stay longer than five minutes. He again emphasized that he sees the home occupation simply as a means for entering the Ames market in a cost-effective manner; once he has sufficient volume, he will find a retail location. The Board deliberated further on how adequate parking could be handled in a practical manner without causing a traffic burden. Moved by Miller, seconded by Link, to ADOPT ORDER 08 -02, granting a Special Home Occupation Permit to allow the operation of a computer services business at 1318 Wilson Avenue, subject to the following conditions: a. that the hours of operations for customer visits be limited to 10 a.m. through 5:00 p.m., Monday through Friday, and that delivery operations be limited to 10:00 a.m. to 8:00 p.m., Monday through Friday; b. that no more than 25% of the residence be used for the computer services business; c. that there be no more than one sign on the building, no larger than one foot square and complying with the sign permit issued by the City’s Building Inspection Division; d. that the only equipment used for the business be similar to that equipment common to residential use; e. that no more than two employees be on the premises at the same time; f. that four parking spaces shall at all times be reserved for the residents, and any remaining spaces on the site may be used for business purposes; g. that visits by customers to the premises be limited to a maximum of four per day; h. that there be no classes on the premises; and I. that there be a two-year monitoring period, during which the Zoning Board of Adjustment may revoke the permit if it finds that the business use of this residential property is causing a nuisance to a resident of the adjoining unit or to the neighbors. Roll Call Vote: 5-0. Motion declared approved unanimously. COMMENTS: None. ADJOURNMENT: The meeting was adjourned at 8: 40 p.m. Karen C. Thompson, Recording Secretary Bradley Miller, Chair 7 The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wed., February 13, 2008, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.