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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: 3 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 4 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 5 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. 6 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. 7 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 8 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. 9 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 10 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.