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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 12-12-2007MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA DECEMBER 12, 2007 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on December 12, 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 Steve Osguthorpe and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Link, seconded by Lundy, to approve the minutes of the meeting of November 14, 2007. Vote on Motion: 4-0. Motion carried unanimously. CASE NO. 07- 30 SPECIAL USE PERMIT - JOHN RISSE, PROPERTY OWNER; KIRK HAUGE, HAUGE’S SALVAGE, APPLICANT, 610 S. DAYTON AVENUE Public Hearing on application for a Special Use Permit to allow the demanufacturing of white goods on the property at 610 S. Dayton Avenue Planner Osguthorpe stated that the demanufacturing of appliances is regulated by the Iowa Department of Natural Resources (DNR) because appliances frequently contain hazardous materials such as refrigerants, mercury-containing devices and PCB capacitors. Demanufacturers remove the hazardous components and dispose of them in an environmentally-sound manner prior to recycling the metal, and Iowa law requires that all demanufacturers obtain permits. Osguthorpe stated that this business is a legally established, non-conforming salvage yard so the salvage use will be allowed to continue as it has in the past; this permit will allow demanufacturing on the site, as well. Mr. Osguthorpe stated that the demanufacturing will take place on a concrete slab on the site and the appliances will be stored east of the slab. Semi-trailer trucks are expected to stop by twice a week to remove demanufactured items and take them to appropriate locations. Osguthorpe explained that demanufacturing falls within the “Waste Processing and Transfer” use category in Ames’ Municipal Code. He said that the Planning staff analyzed this proposal and concluded that it was consistent with the laws; therefore, approval of the permit is recommended, subject to compliance with all DNR requirements. Mr. Osguthorpe further stated that the Planning and Zoning (P&Z) Commission discussed this permit request on November 28 and considered whether or not additional screening of the operation should be required, given that a variety of enhancement projects are presently going on in the South Dayton vicinity. While there is quite a distance from the demanufacturing location to the street, there is also an existing area of vegetation about 30 feet wide, and the Commission concluded that this vegetation should be retained to help screen the operation from the road. The Commission’s official recommendation was for approval, with landscape screening included as a stipulation. 2 Board Chair Miller asked if there were a requirement for a use of this nature to have screening. Osguthorpe replied that salvage yards and similar operations are necessary uses in a community, but are usually not the most visually appealing, so code sections 29.1503(4)(a) (ii) and 29.1503(4)(e) allow the Board to impose some conditions to protect surrounding developments. Assistant City Attorney Judy Parks explained that this operation is presently legally vested as a Salvage Yard without a Special Use Permit because the salvage activity was taking place before the permit requirements were added to the Municipal Code. At this point, however, a permit is required to allow the new appliance demanufacturing endeavor. Kirk Hauge, Osceola, Iowa, stated that he owns the business in question and does not have any problems with the stipulations. He said that he actually proposed that the barrier of trees be left in place because the area looks better with it. Board member Weber asked about references to “setback” in the staff report. Mr. Osguthorpe explained that the Planning and Zoning Commission’s motion included the word “setback,” but that word is technically inappropriate because it has a special, legal significance that is not correct in this context. P&Z’s intent was simply to retain the 30-foot area of natural vegetation as a buffer. Board Chair Miller remarked that the Zoning Board usually requires that home day care providers present evidence of certification by the Department of Human Services and wondered if a similar requirement should be made in this instance. Moved by Link , seconded by Lundy, to ADOPT ORDER 07-30 granting a Special Use Permit to allow the demanufacturing of white goods at 610 South Dayton Avenue, subject to the following conditions: 1. that the operation comply with all Department of Natural Resources (DNR) requirements; and 2. that a 30-foot area of natural vegetation be retained between the front property line and the proposed area of demanufacturing. Roll Call Vote: 4-0. Motion declared approved unanimously COMMENTS: ADJOURNMENT: The meeting was adjourned at 7:19 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, January 9, 2008, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.