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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 6-10-2008MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JUNE 11, 2008 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:02 p.m. on June 11, 2008, in the Council Chambers of City Hall with the following members present: Bruce Calhoun, Denise Link, Lucy Martin, Bradley Miller and Thomas Weber. Staff members Charles Kuester and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Martin, seconded by Link, to approve the minutes of the meeting of May 28, 2008, with the substitution of Bruce Calhoun for Mary Ann Lundy in the opening paragraph. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 08-09 SPECIAL USE PERMIT - ST. PAUL LUTHERAN PRESCHOOL, 610 15TH STREET Public Hearing on Application for a Special Use Permit to allow expansion of the preschool at 610 15th Street from 16 to 32 children Planner Kuester stated that the applicant is seeking to increase the number of children that can attend the St. Paul Lutheran Preschool. He said the preschool was granted a permit in 2002, and one of the conditions was that “the maximum number of children being cared for on the site at any one time be limited to 16 children.” They presently have three classes, each of which is limited to 16 children, but no more than one class meets at the same time. The school is growing and they are now requesting the Board for permission to add a class and to allow two of them to operate simultaneously. Mr. Kuester explained the layout of the building which is located at the corner of 15th Street and Wilson Avenue. Based on staff’s analysis of the case, Mr. Kuester reported that: · the enlargement of the preschool would not be expected to have any negative impact on the neighbors or community and is consistent with the general principles of the Land Use Policy Plan of the City; · the existing residential character of the neighborhood would not be changed; · the proposed expansion should not be hazardous or disturbing to the neighborhood now or in the future; · all utility and other municipal services can accommodate the increased capacity of the preschool and the impact of any increased traffic would be negligible; · the preschool’s expansion would not result in increased costs to the public; · activities associated with the preschool would not be detrimental – pick-up and drop-off times would be staggered, most activities would take place indoors, adults would supervise outdoor play times, and the house adjacent to the play area is screened by a fence and owned by the church; and · the preschool use is consistent with the intent and purpose of the Residential Low Density (RL) zoning designation. Mr. Kuester elaborated on the expected traffic patterns, noting that there should be no change in traffic circulation at the church and no discernable peak in traffic in the neighborhood because the class times will be offset by 15 minutes. The church has a large parking lot, so all pick-ups and drop-offs can take place off the street. The hours of operation would continue to be consistent with other activities already occurring at the church. Finally, additional quality daycare is desired by the community and the proposed expansion can be viewed merely as an extension of the church’s programs. There will be no structural changes to the building. He stated that an addition was constructed in 2006 in accordance with the building code and a Certificate of Occupancy is in effect. Mr. Kuester said that staff recommended that the Zoning Board approve the permit with stipulations similar to those imposed in 2002, but allowing up to 32 children to be served at any one time. At its meeting on June 4, 2008, the Planning and Zoning Commission recommended likewise. Board Chair Miller asked if there were any structural issues that would limit the number of children that could be served. Mr. Kuester said the only limitation is how much space the church cares to devote to the preschool; the building is fully sprinkled and meets all codes, so there is no structural restriction beyond the total occupancy figure. Elaine Anderson, 57000 245th Street, Ames, stated that she has been affiliated with St. Paul Lutheran Church for many years and serves on the Preschool Board. The preschool has been in operation for four years. It has grown to the extent that there is a waiting list for next fall and they are now proposing to have two classes of 16 in operation at the same time. Both classrooms will be the same size and they have hired another teacher. If this request is approved, they will hire another teacher’s aide; the State of Iowa requires a certain amount of square footage per child, as well as one adult per eight children. She said the class times would be staggered so that there would not be more than 16 cars in the parking lot at anyone time. She also reported that they discussed the plans with neighborhood residents and all of them were supportive. Responding to questions from the Board, Ms. Anderson said they would have no objection to a requirement that the schedule be staggered to alleviate traffic concerns. She also felt that the proposed maximum number of students would be adequate; it would allow 32 to be present in morning and 32 in afternoon, for a total of 64 children. Due to state requirements and the lay-out of the church basement, she didn’t believe it would be feasible to serve more children; however, they will gladly come back with a new request if they need to expand further in the future. Planner Kuester added that two full pages of signatures had been submitted with the application– evidence that there was considerable support of nearby property owners. Moved by Calhoun, seconded by Martin, to ADOPT ORDER 08-09 granting a Special Use Permit to allow the increase in the permitted number of children from the current 16 to the proposed 32 at St. Paul Lutheran Preschool at 610 15th Street 3 by adopting staff’s findings of fact and conclusions, and subject to the following conditions: 1. that all applicable building codes be met for the use of this structure as a day care prior to occupancy; 2. that the hours of operation be limited to 8:00 a.m. to 4:00 p.m. with occasional evening events allowed throughout the year; 3. That drop-off times be staggered so that no more than 16 vehicles will be dropping off or picking up children at the same time; 4. that the maximum number of children being cared for on the site at any one time be limited to 32 children; and 5. that the program be fully licensed by the State of Iowa. Roll Call Vote: 5-0. Motion declared approved unanimously. COMMENTS: Board Chair Miller stated that the Zoning Board has approved several requests for Conditional Use Permits in the Flood Plain in the last year or so. He reiterated his concern that these sites will be at risk from more severe flooding events that can happen in the future, but he has been pleased to see that flood waters have acted as designed on these sites. However, he has heard concerns from the public that these new constructions are adversely affecting previously built sites. He noted that the ZBA makes its rulings based on City ordinances, and he urged our political leaders to take this opportunity to educate the public about the flood plain management laws. If the current code is doing its job to serve the public good, then this should be explained. If it is determined that certain policies are causing negative effects on other land owners, there may be an opportunity to consider some revisions. ADJOURNMENT: The meeting was adjourned at 7:29 p.m. 4 Karen C. Thompson, Recording Secretary Bradley Miller, Chair The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wednesday, June 25, 2008, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.