HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 1-10-2007MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA JANUARY 10,
2007
The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00
p.m. on January 10, 2007, in the Council Chambers of City Hall with the following members
present: Denise Link, Mary Ann Lundy, Lucy Martin, Bradley Miller, and Charles Samuels.
Staff members Judy Parks, Seana Perkins, Bob Kindred and Steven Osguthorpe were also
present.
INTRODUCTION OF NEW DIRECTOR:
Assistant City Manager Bob Kindred introduced Mr. Osguthorpe, who became the City’s new
Director of the Department of Planning and Housing on January 8. Mr. Osguthorpe has had
planning experience in Utah and, most recently, the state of Washington.
APPROVAL OF MINUTES: Moved by Samuels, seconded by Miller, to approve the minutes
of the meeting of December 13, 2006.
Vote on Motion: 5-0. Motion carried unanimously.
CASE NO. 07-01
SPECIAL HOME OCCUPATION PERMIT – DEBBIE HARRIS, 1704 BURNETT AVE.
Public Hearing on Application for Special Home Occupation Permit to allow the
operation of a family day care home at 1704 Burnett Avenue
Planner Perkins stated that the subject property is located in an RL (Residential-Low Density)
zoning district. She stated that staff believes the applicant’s proposal meets all standards for
approval of the permit. The day care does not exceed the allowable square footage of the home
that may be used for business purposes, there will be no signs, no structural alterations, no
employees other than the applicant, and the associated activities should not alter the normal
residential character of the neighborhood. Ms. Perkins did note that the Municipal Code includes
a noise exception for daycare homes because of the nature of the activity, but children at play are
not considered detrimental to a neighborhood. There will be no special deliveries or classes
associated with the business. The applicant anticipates fewer than ten vehicle visits per day, and
cam comply with the parking requirements. Ms. Perkins said that the proposed drop-off/pick-up
area is on the paved driveway which runs past the house from Burnett Avenue to the garage at
the rear of the lot.
Planner Perkins also noted that the applicant would like the hours of operation to be from 6:00
a.m. to 6:00 p.m., instead of the hours stated on the application, so that she may have more
flexibility in allowing for early drop-off or late pick-up, if necessary. Ms. Perkins stated that,
with an amendment in the change in times, staff recommends approval.
Debbie Harris, 1704 Burnett Avenue, stated that she is currently DHS-registered in Boone
County. It is her understanding that the Boone Department of Human Services will send
everything to Ames and the local office will then do a home inspection. Responding to a
question about the driveway, Ms. Harris said it was not wide enough to accommodate two cars,
but it is quite long and she does not expect more than one set of parents to be dropping off
children at the same time.
Helen Gunderson, 1626 Burnett Avenue, said that she lives in the home just south of the
applicant’s. Ms. Gunderson said that she is generally in favor of the proposed day care, but
wondered how many children would be allowed and what recourse there would be if something
bothersome were to come up.
Ms. Harris stated that she is allowed to care for no more than six preschool-age children at any
one time. Assistant City Attorney Judy Parks stated that problems seen with home day cares are
usually related to traffic or parking, especially if two sets of parents arrive at the same time.
Occasionally, noise can be an issue or the City may find that someone is caring for more children
than permitted. She said that if any concerns arise, citizens are to report the problems to the
Department of Planning and Housing so that the planning staff may address them. If necessary,
the Zoning Board of Adjustment may be asked to reconsider or even revoke the permit.
Stan Peterson, 1703 Burnett Avenue, stated that he lives directly across the street from the
applicant’s home. His family feels day care homes are a vital part of making a neighborhood a
community and they welcome this new one.
Moved by Miller, Seconded by Link to ADOPT ORDER 07-01 granting a Special Home
Occupation Permit to allow the operation of a family day care home at 1704 Burnett Avenue,
with the following stipulations:
1. that the hours of operation be limited to 6:00 a.m. to 6:00 p.m., Monday through Friday;
2. that the clients be instructed to park in the applicant’s driveway when dropping off and
picking up children; and,
3. that the applicant submit to Planning and Housing staff proof of certification with the
State of Iowa as a registered day care provider.
Roll Call Vote: 5-0. Motion carried unanimously.
REVIEW OF THE RULES OF THE ZONING BOARD OF ADJUSTMENT: Ms. Parks
stated that the Zoning Board of Adjustment is established by the State, but has authority under
the Code of Iowa to govern its procedures locally. Each board may set meeting times and
deadlines, determine what is necessary for making a final decision, etc. This Board’s existing
rules have not been reviewed since 2000. Ms. Parks stated that if the Board decided to make
any changes, the revisions would be sent to the City Council for final approval.
The Board discussed the rules and asked questions about some of the terms being used. Ms.
Parks explained the legal difference between the verbs “shall” and “will,” and defined the
meaning of a “natural person,” as opposed to another entity, such as a corporation, for example.
Moved by Samuels, Seconded by Martin, to adopt the following Rules:
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RULES OF THE ZONING BOARD OF ADJUSTMENT
City of Ames, Iowa
These are the rules of the Zoning Board of Adjustment of the City of Ames,
Iowa, made and promulgated pursuant to authority of Section 414.9, Code
of Iowa, and Section 29.1403, Ames Municipal Code.
I. FORCE, EFFECT, AVAILABILITY AND AMENDMENT TO THESE RULES.
A. Force and Effect.
1. These rules supplement but do not supersede the provisions of
Chapter 29 of the Municipal Code of the City of Ames, Iowa.
2. The Board of Adjustment shall act in accordance with
procedures specified by laws of the State, City ordinances,
and the provisions of these rules.
B. Availability.
1. These rules will be available for inspection in the office of the
City Clerk and copies made for such fee as the Clerk shall
determine reasonable.
C. Amendment.
1. Any additions, alterations, or amendments to these rules
shall be approved by a majority vote of all members of the
Zoning Board of Adjustment, sitting in regular session, and
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shall go into effect as of the date of the additional approval
of the City Council.
II. REQUIREMENTS AND PROCEDURES FOR APPEALS OR
APPLICATIONS
A. Initiation of an Appeal or Application.
1. All appeals and applications made to the Board shall be in
writing on forms provided by the City of Ames, and shall be
filed with the secretary to the Board.
2. Every appeal or application shall refer to the specific
provision of the ordinance involved and shall set forth exactly
the interpretation that is claimed, the use for which the
special permit is sought or the details of the variance,
exception, or other relief requested, and the grounds on
which it is claimed that the request should be granted, as
the case may be.
3. There shall be a separate filing of appeal or application for
each tract of land. No appeal or application naming or
describing more than one (1) tract will be considered.
4. Each appeal or application to the Board shall be assigned a
case number and the secretary shall make a case file in which
all documents, exhibits and reports submitted as evidence
relative to the matter, and the Decision and Order of the
Board shall be retained. The secretary shall cause an index of
such files to be made relating case numbers to street address
or other appropriate description of properties affected. The
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files shall be managed in accordance with the Records
Retention Schedule of the City of Ames.
5. Each appeal or application must be signed by the property
owner, if owned by a natural person, or owner’s agent, if
owned by some other entity. If the applicant is not the
owner, the applicant must also sign the application.
6. All applications shall be filed by 9:00 a.m. on the Wednesday
14 days before the next regularly scheduled meeting in order
to be docketed for that meeting. The secretary may docket
a late appeal after consultation with and approval of the
chair, if it is determined that a delay would result in
hardship to the applicant or other affected parties.
Application deadlines may be altered when schedules are
affected by a holiday.
7. Upon receipt of an application or appeal, the secretary to the
Board shall promptly transmit to the Department of
Planning and Housing of the City of Ames a copy of said
application or appeal, together with a copy of the notice of
the aforesaid hearing and shall request that said department
submit to the Board its analysis and comments on this
matter.
B. Condition Precedent to Appeal or Application.
1. Refusal of a zoning permit shall be a condition precedent to
hearing appeal or application for an area, height or
architectural variance or exception.
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2. No such refusal of a zoning permit is required as a condition
precedent to applications for a use variance, special use
permit or exception.
C. Time Limits for Appeals or Applications.
1. Limitation on appeals of interpretation: Appeals based upon
alleged erroneous application or misinterpretation of zoning
regulations by the zoning administrator shall be taken within
a reasonable amount of time, not to exceed thirty (30) days
after the administrator’s decision was made.
III. PROOF OF REQUESTED ACTION
A. Evidence Required.
1. The facts asserted as a basis for granting or denying a
variance, exception, appeal, or special use permit must be
proved by evidence. Technical rules of evidence will not be
applied; however, the Board may continue consideration of a
matter pending production of evidence it deems necessary to
a reasonable and valid determination on any matter before
it.
2. Testimony relative to the facts of a matter before the Board
shall be made under oath administered by the chair.
B. Subpoenas.
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1. Subpoenas to compel attendance of material witnesses may
be issued by the chair on his or her own initiative or at the
request of any member of the Board.
IV. DECISIONS BY THE BOARD.
A. Decisions.
1. The Board will endeavor to make a decision immediately
following presentation of evidence and arguments, but may
take a matter under advisement and make a decision at a
later date. If a matter is taken under advisement, a decision
thereon shall be made and announced not later than the
next regularly-scheduled session of the Board.
2. If the appellant or applicant fails to appear, either in person
or by an agent knowledgeable about the appeal or
application, to present his or her appeal or application to the
Board on the date the hearing is scheduled on the petition,
the Board may automatically deny the appeal or application.
3. The concurring vote of three members of the Board shall be
necessary for any final action to be taken.
B. Effect of the Board Decision.
1. Once the Board has rendered final decision on a petition,
resubmission of the same application shall be in accordance
with the provisions of the Zoning Code. However, the same
claim may be resubmitted to the Board for reconsideration if
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new material evidence is offered that could not have been
presented at the prior hearing by use of reasonable diligence.
2. A petition denied for failure to appear to present evidence
can be refiled only upon good cause shown for nonappearance
at the initial hearing date.
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V. MEETINGS
A. The Board will meet on the second Wednesday of each month
during the months of November through March. During the
months of April through October the Board shall meet on the
second Wednesday of each month and on the fourth Wednesday of
each month, unless no applications are filed and no other business
requires action by the Board. The meeting date may also be
changed by a majority vote of the Board when conflicts exist
which preclude meeting on the regularly scheduled date.
B. When it is determined that it is necessary for the agenda to be
deferred due to lack of a quorum of the members, and if there is
insufficient time to notify the media, the Chair or Acting Chair
shall declare the meeting open, explain the reason for deferral,
and permit any interested person to speak.
C. No agenda will include more than five applications for hearing.
After consultation with and approval of the chair, the secretary
may docket additional agenda items when it is determined that a
delay in docketing the appeal would result in hardship to the
applicant or other affected parties.
Vote on Motion: 5-0. Motion carried unanimously.
LETTER TO CITY COUNCIL: Board Chair Lundy advised the Board that the letter
requesting the City Council to consider additional uses, such as short-term lodging, for large
structures in residential areas was referred to staff for further study on December 13, 2006. Ms.
Perkins stated that the letter was well-received by Council and staff is presently working to
prioritize their work.
COMMENTS: Board Member Martin asked if the ZBA ever had joint meetings with other
boards or commissions. Ms. Parks stated that she could not recall an instance of that happening,
except when they might have been invited to attend a City Council meeting for a specific
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purpose. She said that most of the other City boards and commissions are advisory, whereas
ZBA is quasi-judicial, and they hold a different status.
On that topic, Ms. Parks stated that City Attorney Doug Marek is planning to attend the next
ZBA meeting to address the distinctions between bodies with legislative and quasi-judicial
functions. She said the training seemed particularly appropriate now, given some recent changes
in the law and the difficult decisions the board faced in the December 13 meeting.
ADJOURNMENT: The meeting was adjourned at 7:35 p.m.
Karen C. Thompson, Recording Secretary
Mary Ann Lundy, Chair
The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00
p.m. on Wednesday, February 14, 2007, in the Council Chambers of the Ames City Hall
at 515 Clark Avenue.