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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 10-24-2007MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA OCTOBER 24, 2007 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on October 24, 2007, in the Council Chambers of City Hall with the following members present: Denise Link, Mary Ann Lundy, Bradley Miller and Thomas Weber. Lucy Martin was excused. Staff members Judy Parks and Seana Perkins were also present. APPROVAL OF MINUTES: Moved by Link, seconded by Weber, to approve the minutes of the meeting of October 10, 2007. Vote on Motion: 4-0. Motion carried unanimously. CASE NO. 07- 25 SPECIAL USE PERMIT TO ALLOW THE DE-MANUFACTURING OF WHITE GOODS - MIKE J. LOUIS, 1901 EAST LINCOLN WAY Public Hearing on application for Special Use Permit to allow the de-manufacturing of white goods (appliance recycling) at 1901 East Lincoln Way Planner Perkins stated that this is an application for a permit to engage in appliance recycling, or “de-manufacturing of white goods,” as it is officially referred to by the Iowa Department of Natural Resources (DNR). Because appliances often contain contaminated or hazardous materials, the state of Iowa requires that they be de-manufactured in an environmentally sound manner by a licensed person, and a person who has been trained must be on site at all times during the de-manufacture. A permit from the local authority is required before the license may be obtained from the DNR. Perkins stated that, in Ames, this activity falls into the “Waste Processing and Transfer” category of uses, and is allowed within the General Industrial (GI) zone with approval of a Special Use Permit. Perkins explained that two properties will be involved in this operation and both will be included in the permit. Used appliances will be received and stored at 308 Carnegie Avenue, so the Special Use Permit for de-manufacturing on that site will be in addition to the salvage yard permit that is already in effect. Appliance disassembly and parts removal will actually take place in a shed on the property at 1901 East Lincoln Way. A Des Moines company known as Alters will pick up the de-manufactured appliances twice a month, or more often, if necessary. Ms. Perkins noted that two items of written testimony were received prior to the meeting of the Planning and Zoning Commission, both of which involved environmental concerns. She said that the DNR will investigate the written concerns and that the Public Works Department is also proceeding with it’s own investigation into the concern about illicit discharge. The site does have regular DNR inspections and has been visited pursuant to previous complaints, but no reason to file charges has been found to date. She stated that the state and city investigations will continue, regardless of the decision made by the ZBA with respect to this application. 2 Perkins said that the applicant has submitted an operational plan, including procedures to be followed in the event of accidents. The Planning Staff and the Planning and Zoning Commission both recommend approval of this application. Board Chair Miller asked if there were judicial processes that would allow for revocation of the permit, if complaints continued to come in. Assistant City Attorney Parks stated that environmental statutes under the State Code of Iowa apply, the City could file municipal infractions, or the board could revoke the Special Use Permit. Mike J. Louis, of Mike Louis Body, Paint and Sandblasting, 1901 East Lincoln Way and 308 Carnegie Avenue, stated that complaints about his operations have been received from the same parties in the past, but no problems have been found upon investigation. He explained that in the auto salvage business, he takes cars and raises them on a hoist and drops the fuel, oils, and all fluids into barrels before the vehicles are crushed. Two burners attached to his furnace are used to burn the oil and other liquids are properly disposed of. He said he has been in touch with Mr. Applehorn from the DNR regarding inspection, and Mr. Louis has already attended the class for instruction on removal of capacitors and disassembly of water heaters and other white goods. Louis said that there should be no problem with any run-off, as there is no drainage in the buildings where the drums of fluid are. All items will be stored in a dry area. The “fluff” from car interiors is demagnetized and checked for contamination. White goods will be smashed or put into a large container for pick-up by Alters. The crusher is located in the northwest corner of the lot on concrete. Remains that are shredded are placed in a big container in the same corner until they are taken by Alters for resale. Miller asked if there were regulations regarding the storage of white goods while they are at 308 Carnegie prior to de-manufacturing. Louis said they must be set down – not dropped – in an upright position and in a location where nothing can leak into the water supply. They will be stored on concrete. Louis said the site is monitored regularly, and he also has spill clean-up kits that can be used, if necessary. Moved by Lundy, seconded by Link, to ADOPT ORDER 07-25 granting a Special Use Permit to allow the de-manufacturing of white goods at 1901 East Lincoln Way and at 308 Carnegie Avenue. Roll Call Vote: 4-0. Motion declared approved unanimously. CASE NO. 07- 28 EXCEPTION FOR MINOR AREA MODIFICATION TO ALLOW CONSTRUCTION OF A GARAGE ADDITION WITHIN THE SIDE YARD SETBACK AT 3425 ROSS ROAD - CARL MIZE, 3425 ROSS ROAD Public Hearing on application for an Exception for a minor area modification to allow construction of a garage addition within the side yard setback at 3425 Ross Road 3 Planner Perkins stated that this is an application to allow a reduction of the side yard setback from the required six feet to four feet, four inches (4'4") on the east side of the house for expansion of the garage. The home was built in 1956 with a single-car garage on the east side; it is approximately 11 feet from property line. The lot is adjacent to Emma McCarthy Lee Park, not another single-family home. The applicant would like to increase the size of the garage to the minimum width needed for a two-car garage, and the proposed addition would encroach one foot, eight inches (1'8") into the current required side yard setback. Perkins noted that there is a conforming concrete pad next to the garage, so the space is already being used for parking, even though it is not enclosed. She stated that the lot appears to be in compliance with all the other requirements for a home in this zoning district and the Department of Planning and Housing recommends approval of the request. Carl Mize, 3425 Ross Road, said that a one-car garage is not as desirable as a larger one these days. He discussed his proposal with all the neighbors he was able to contact to see if they would sign the petition of support. He reported that none of them can even see that side of his garage because of trees or the positioning of the homes, and there were no objections. He added that the addition will only increase the width of the house by ten percent. Moved by Link, seconded by Miller, to ADOPT ORDER 07-28, granting an Exception for Minor Area Modification to Zoning Ordinance Table 29.701(3), “Minimum Principal Building Setbacks: Side Lot Line,” to allow a reduction of the side yard setback from the required six (6) feet to four feet, four inches (4'4") on the east side of the building at 3425 Ross Road. Roll Call Vote: 4-0. Motion declared approved unanimously COMMENTS: ADJOURNMENT: The meeting was adjourned at 7:34 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, November 14, 2007, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.