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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 9-12-2007MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA SEPTEMBER 12, 2007 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on September 12, 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 Jeff Benson, Jon Nelsen, and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Martin, seconded by Link, to approve the minutes of the meeting of July 25, 2007. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 07- 20 SPECIAL HOME OCCUPATION PERMIT – AVIS POHL, PROPERTY OWNER (SELLER), AND JENNIFER HILL, APPLICANT AND FUTURE PROPERTY OWNER (PURCHASER) – 2116 COUNTRY CLUB BOULEVARD Public Hearing on application for a Special Home Occupation Permit to allow the operation of a Bed-and-Breakfast at 2116 Country Club Blvd. Planner Nelsen stated that the applicant recently purchased the property at 2116 Country Club Boulevard. (At the time this application was filed, the purchase was pending.) Mr. Nelson explained that in 2006, the previous owner requested a permit to use three of the bedrooms in the home for the business. That was not allowed because there was not enough off-street parking available, but the permit for a two-bedroom establishment was approved. The new owner would like to continue to operate a two-room bed-and-breakfast (B&B) and is applying before the Board because existing permit is not transferable. Mr. Nelsen said the next-door neighbor had sent in a a letter of support, in which she said the operation had had no adverse effect on her life or her property. The applicant has stated that she will make no changes to property or any disturbances that would be detectable at the lot line. Off-street parking requirements and all other relevant standards appear to be met, so Mr. Nelsen said staff recommends approval. Jennifer Hill, 1450 Oriole, Boone, Iowa, stated that she recently moved back to Iowa and felt that this would be a wonderful opportunity. She said the previous owner operated the home under the name “Campus Bed & Breakfast”and she intends to continue operation under the same name and in the same manner. Responding to a question from Mr. Weber, Ms. Hill stated that no classes will be held on the site, but it is her understanding that ISU classes in Hospitality and Hotel Management may wish to visit from time to time. Avis Pohl, 2116 Country Club Blvd., stated that she opened the Campus Bed and Breakfast six years ago. It was very successful and she thanked the ZBA and the City for allowing her to operate. Ms. Pohl said that hers was the only B&B currently in operation in Ames and she has been grateful for the encouragement she’s received from the community and the letters of 2 commendation she has received from the university. Ms. Pohl said she hand-picked Ms. Hill as her successor, and would not have sold the business if she felt it would not be carried on in a successful manner. Moved by Martin, seconded by Link, to ADOPT ORDER 07-20 granting a Special Home Occupation Permit to allow the operation of a bed-and-breakfast facility at 2116 Country Club Blvd., as described in the staff’s findings and conclusions. Roll Call Vote: 5-0. Motion declared approved unanimously. CASE NO. 07-16 SPECIAL USE PERMIT – STONEBROOKE COMMUNITY CHURCH, PROPERTY OWNER; TIM BORSETH, REPRESENTATIVE – 3329 LINCOLN WAY Public Hearing on application for a Special Use Permit to allow a place of worship in the Highway-Oriented Commerical (HOC) zone at 3329 Lincoln Way Planner Benson stated that this property is located on the north side of Lincoln Way between Wilmoth and Franklin Avenues. It has been home to a variety of commercial uses in the past and is now owned by Stonebrook Church. A portion of the building is being used as a laundromat, another portion as a café, and the west end as a community center-type use. All these uses are allowed in the HOC zone. The church is now proposing to hold a worship service once a week on Friday nights, and a Special Use Permit is required. Mr. Benson noted that this type of use requires more parking area than other commercial uses, and there is not enough space on this site. A joint-use parking plan was drawn up, therefore, with St. Andrews Lutheran Church, which is located half a block north. The Lutheran church has no activities on Friday nights and has agreed to make a minimum of 33 parking spaces available on Fridays from 5 o’clock p.m. until midnight. The plan was approved by the City Council on August 28, 2007. Mr. Benson noted that there is a church one block north of this building and another church a block to the east on Wilmoth, so there is a history of this type of activity in the neighborhood. He said staff found that all standards were met and recommended approval, provided the joint-use parking plan is in place. He noted that if the parking agreement were to be suspended, the Special Use Permit would become invalid. Responding to questions about the agreement, Mr. Benson stated that the community center required 58 parking spaces and that number is available on the site, but the religious service use requires more. At this point in time, the joint parking agreement is perpetual, but there is a clause allowing either party to provide notice to the other if they should care to discontinue it. Assistant City Attorney Judy Parks noted that an agreement of this type is an agreement between parties and does not typically run with the land. Timothy Borseth, 418 Stanton Avenue, stated that Stonebrook Community Church bought the property at 3329 Lincoln Way and remodeled the west end into a community center with music 3 and other activities in order to offer a an alternative to the drinking, partying scene for 18- to 24-year-olds in the community. Now a worship service targeting that same demographic group is being planned. There was discussion about the rationale behind requiring Special Use Permits for churches in this zone and others. Staff explained that there were a variety of reasons, some of which might be: keeping the space available for commercial ventures; anticipating or controlling high peak traffic demands; assessing parking requirements; or determining if the hours of operation are compatible with surrounding businesses or homes. In this case, the worship service may not seem all that different than other sorts of activities already taking place in this portion of the building, but the nature of the use (assembly at a set time) requires more parking. The other activities that go on there are deemed to be more compatible with a commercial neighborhood. Moved by Miller, seconded by Weber, to ADOPT ORDER 07-16 granting a Special Use Permit to allow religious services at 3329 Lincoln Way under the condition that an approved Joint Use Parking Plan is in effect. Roll Call Vote: 5-0. Motion declared approved unanimously. COMMENTS: Board Chair Miller asked if staff would consider establishing standards or parameters for allowing churches as a use by right in certain zones, next time the code is changed. He said it seems that the ZBA gets a lot of requests for Special Use Permits for religious institutions, and most of them don’t seem as if they would have an adverse impact. Planners Osguthorpe and Benson noted that churches often involve unique and changing operations, the hours when their facilities are busy vary widely depending on the programs they offer, and even the standards may vary, depending on whether or not the seating is fixed or mobile. Granting Special Use Permits based on a description of what activities are planned allows the City to have some control on the expansion or changing nature of the use. A church might start out small, with parking requirements based on the assembly area, for example, but may end up offering daycare and entertainment. In some places churches may have become almost commercial in nature, with campus-like sites that include hotels and theaters. Mr. Osguthorpe stated that the Ames zoning code is based on the realization that it is tough for planners to anticipate changes in use and to provide a way to maintain some controls. ADJOURNMENT: The meeting was adjourned at 7:27 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, September 26, 2007, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.