HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 7-25-2007MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA JULY 25,
2007
The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00
p.m. on July 25, 2007, 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 Judy Parks, Seana Perkins, and Steve Osguthorpe were also present.
APPROVAL OF MINUTES: Moved by Link, seconded by Lundy, to approve the minutes of
the meeting of June 13, 2007.
Vote on Motion: 5-0. Motion carried unanimously.
CASE NO. 07- 18
SPECIAL USE PERMIT – G. F. FOUR INVESTMENTS, INC., PROPERTY OWNER;
AND TIMOTHY GRANDON, APPLICANT
Public Hearing on application for a Special Use Permit to allow a funeral facility in the
Highway-Oriented Commercial (HOC) zone at 414 Lincoln Way
Planner Osguthorpe stated that this case involves a request for operation of a funeral facility in
an existing building in the Highway-Oriented Commercial (HOC) District. The proposed hours
of operation are from 8:00 a. m. to 9:00 p.m., Monday through Saturday. He said that staff
reviewed the applicable standards and believes that the funeral facility should not impact the
surrounding area any more than other uses already present or other permitted uses. No noise,
smoke or fumes should be created and there will be no inventory kept on the site. Finding all the
standards for approval to be met, he said that staff recommends approval of the permit. The
Planning and Zoning Commission also recommended approval with a unanimous vote.
Timothy Grandon, 2721 Kellogg Avenue, stated that he has been working on this project for
quite a while and is excited to get started. In response to a question from Ms. Parks, he said that
there will be no changes to the facade of the building, which is the former location of
Godfather’s Pizza. The driveway approach will be flattened in order to improve vehicle access
and a new sign face will be installed, but the existing sign standard and cabinet will remain.
Mr. Grandon said that both Lincoln Way and the alley to the south will be used as entrances and
exits and he believes his business will be particularly good for the location because most
funerals are scheduled at 10 a.m. and 2 p.m., and these are off-peak times for the neighboring
businesses. He also noted that, presently, about 80% of funerals in Ames are held in churches.
Moved by Martin, seconded by Link, to ADOPT ORDER 07-18 granting a Special Use
Permit to allow a funeral facility in the Highway-Oriented Commercial (HOC) zone at 414
Lincoln Way.
Roll Call Vote: 5-0. Motion declared approved unanimously.
CASE NO. 07-19
EXCEPTION TO PARKING AREA DIMENSIONS – IOWA HOUSE BUILDING, LCC,
PROPERTY OWNER; AND GENE LUND, BENJAMIN DESIGN COLLABORATIVE,
REPRESENTATIVE
Public Hearing on application for an Exception to Parking Area Dimensions at 405
Hayward Avenue
Planner Perkins stated that the applicant has obtained a permit to operate a Bed & Breakfast
(B&B) in this former fraternity house. She explained that the property currently has a gravel
parking lot on the west side that is highly constrained by the structure. Ms. Perkins said that
several issues come into play:
· the house is set well back to allow for a large front yard, but this leaves a very small rear
yard and makes it difficult to improve the non-conforming parking lot;
· 405 Hayward is a corner lot; therefore it technically has two front yards and front-yard
parking is not allowed in a Residential High-Density (RH) zoning district;
· fourteen parking spaces are required because the B&B will have 14 guest rooms; and
· even though there is a vacant parcel south of this lot (once used in conjunction with the
fraternity house), it is technically a separate piece of real estate. Any parking there would not
be considered on-site for the B&B, and remote parking agreements are not allowed in RH
zones.
Ms. Perkins said that the applicant’s proposal comes as close as possible to meeting the
requirements for surface parking and landscaping. For stalls on this angle, the required length
for compact cars is 17 feet. The applicant is able to make them 18 feet 4 inches deep, so they
will be shorter than standard (19.8 feet), but slightly longer than compact (16 feet). Ms. Perkins
said that the limited the depth of the parking spaces and the proximity of the drive aisle to the
structure lead to staff concerns about maneuverability, so they are recommending approval,
subject to a stipulation that the site be monitored for a period of one year to determine whether
or not there are vehicle maneuvering conflicts. She said the Planning and Housing Department
would monitor the site.
Board member Martin asked if there were any similar Exceptions in the campustown area. Ms.
Parks stated that Exceptions have been granted for drive aisle dimensions, stall length, and stall
width in some of the parking garages. She was not aware of any reported problems. Ms. Parks
noted that people usually come into lots such as this at a slow speed because they may see that
there are additional challenges. Their behavior differs from that of drivers using a typical
commercial parking lot.
Planner Osguthorpe noted that staff would like to observe this lot for a year because the
proposed stalls would only accommodate a few large vehicles, and some vehicles being driven
today are large enough that they could block the entire driveway.
Gene Lund, Benjamin Design Collaborative, 401 Clark Avenue, Suite 200, stated that he
represented the applicants. He said that the fraternity house has been vacant for two or three
years and the developer has taken on the challenge of trying to preserve it as an historical site
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and also make it profitable as a Bed and Breakfast. Because of financing and other reasons, the
option of combining this lot with the vacant parcel does not exist.
Mr. Lund said that the plan is to use plant materials that will grow in a three-foot portion of the
five-foot landscape strip, so that the front end of a parked vehicle may overhang the landscape
strip. He said the overhang will create a longer stall, and this used to be allowed in Ames. He
said he had measured a Ford Expedition recently and determined that only about eight to twelve
inches of the vehicle would hang over the corner. He said the SCAN (South Campus-town Area
Neighborhood) had been contacted about the parking situation and is supportive of the
exception. The group is very interested in seeing this project succeed.
Assistant City Attorney Parks suggested that it would be helpful to have guests register their cars
when they check in, so that it would be possible to determine who owned a particular car if it
were creating a problem or a potential hazard.
Planner Osguthorpe explained that the Ames zoning code requires a specified dimension for a
parking stall and also requires that all parking stalls be paved; therefore, staff cannot let the
unpaved portion of a required landscape area count toward the required portion of a parking
area.
In conclusion, Mr. Lund stated that the Building Code offers leniency to those who are willing
to save an historical structure, and asked that the Zoning Board of Adjustment grant similar
leniency toward his clients’ request.
There was discussion among the board members and staff about the remedies that might be
employed if the parking exception proved to be problematic. It was determined that multiple
remedies might exist. These might include limiting the number of guest rooms and thereby
reducing the number of required stalls, requesting a variance to the number of spaces required,
or obtaining a variance to allow off-site parking. Mr. Osguthorpe noted that different alternatives
could be explored and, if all else failed, the ultimate remedy would be to cease operations. This
option was noted in the Staff Report because staff can never guarantee how a board might rule.
Board member Miller inquired whose judgment would be used to determine if there were an
inherent problem. Mr. Osguthorpe replied that the Planning Staff would actively observe the site
and if there were regular occurrences of people parking in the street or on the lawn, it would be
considered an on-going problem.
Board member Link inquired about the ultimate configuration of the stalls and how the
handicap-accessible space would factor in. Ms. Perkins stated that, out of the 14 spaces, four
would be full-sized and one of them is in the accessible parking space. The other ten stalls
would be considered compact. She said that van-accessible spaces are counted as regular spaces
when determining the total number on a site. She also explained that although the fourteenth
stall is in the front yard, it is being “grandfathered” because it already existed and was paved in
the past.
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Ms. Perkins concluded by saying that it was staff’s intent that the parking exception would not
have to be reconsidered by the ZBA unless, during the one-year monitoring time, it were
determined that a problem existed.
Moved by Lundy, seconded by Miller, to ADOPT ORDER 07-19 granting an Exception to
Parking Area Dimensions to allow a reduction in length of nine 45-degree parking spaces to
18-feet, four-inches on the property at 405 Hayward Avenue, with the stipulation that the
site be monitored for a period of one year from the date of approval to confirm that vehicle
maneuvering conflicts are not occurring. If, within that year, it is found that vehicle
maneuvering conflicts are occurring and that the reduced depth is no longer feasible, the
applicant will be required to remedy the situation by either ceasing operation or obtaining
approval of an alternative parking arrangement.
Roll Call Vote: 5-0. Motion declared approved unanimously.
COMMENTS:
ADJOURNMENT: The meeting was adjourned at 7:38 p.m.
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, August 22, 2007, in the Council Chambers of the Ames City Hall at
515 Clark Avenue.