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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 4-12-2006 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA APRIL 12, 2006 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m., on April 12, 2006, in the Council Chambers of City Hall with the following members present: Denise Link, Mary Ann Lundy, Lucy Martin, and Bradley Miller. Staff members Matt Flynn, Ray Anderson, and Judy Parks were also present. ELECTION OF OFFICERS: Moved by Link, seconded by Martin, to nominate Mary Ann Lundy for the office of Chair of the Zoning Board of Adjustment. Vote on Motion: 4-0. Motion approved unanimously. Moved by Martin, seconded by Link, to nominate Bradley Miller for the office of Vice -chair of the Zoning Board of Adjustment. Nomination accepted. Vote on Motion: 4-0. Motion approved unanimously. APPROVAL OF THE MINUTES: Moved by Miller, seconded by Link, to approve the Minutes of the March 22, 2006, Zoning Board of Adjustment Meeting. Vote on Motion: 4-0. Motion declared carried. CASE NO. 06-09 CONDITIONAL USE PERMIT – 1400 SOUTH 4TH STREET - ORVILLE A. AND BONNIE S. BALLARD TRUST, PROPERTY OWNER; LEE BALLARD - CONTACT PERSON Public Hearing on Application for a Conditional Use Permit in the Flood Plain (Overlay) District to allow parking during special events and a temporary haunted forest on the property located at 1400 S. 4th Street CASE NO. 06-10 VARIANCE - ORVILLE A. AND BONNIE S. BALLARD TRUST, PROPERTY OWNER; LEE BALLARD - CONTACT PERSON Public Hearing on appeal for Variances from hard -surface parking requirements and use restrictions in an Agricultural Zoning District to allow parking and temporary structures on the property located at 1400 S. 4th Street The applicant consented to have both cases presented at the same time. Planner Anderson stated that a Conditional Use Permit is requested to allow a haunted forest in the Flood Plain and a Variance is needed for the applicants to use the unpaved parking area for their Haunted Forest and special events at Iowa State University, including the National Special Olympics this summer. The haunted forest and parking have been in use since 1999. They were first granted a one-year permit and then a five-year permit. This is a request for a renewal and the applicant is asking for an unlimited permit. Staff believes that it is no longer necessary for the five-year limit to be given as there have been no complaints. Staff still does recommend two stipulations: 1) that the portable toilets be anchored to prevent them from being knocked over; and 2) that construction shall not commence before August 1 and that all structures, semi -trailers, a motor home, and other materials shall be removed by November 15. All criteria for the Conditional Use Permit have been met. All of the criteria for the Variance, except one, have been met. The only one not met is that the land could be used agriculturally and still yield a reasonable return. The applicant, Lee Ballard of 515 NW 10th, Ankeny, had no comments. Miller asked about what would happen if there were to be flooding at the time that the haunted forest was in operation. Mr. Ballard explained that there would be no loss as they currently unload and load the haunted forest equipment into trailers on a daily basis. Moved by Martin, seconded by Link, to approve ORDER NO. 06 -09 granting a Conditional Use Permit in the Flood Plain (Overlay) District to allow parking during special events and a temporary haunted forest on the property located at 1400 S. 4 th Street with the following stipulations: 1) That this Conditional Use Permit is for this grantee only, with no time limit. 2) That the portable toilets be anchored to prevent them from being knocked over. 3) That construction shall not commence before August 1 and that all structures, semi -trailers, a motor home, and other materials shall be removed by November 15 of each year. Vote on Motion: 4-0. Motion carried unanimously. Miller asked if the conditions were such that it was too muddy for vehicles to park, would parking be allowed? Mr. Ballard stated that they had not experienced those types of conditions previously, but would not allow parking when a vehicle might have to be towed and tear up the grounds. Moved by Link, seconded by Martin to approve ORDER NO. 06-10 granting Variances from hard-surface parking requirements and use restrictions in an Agricultural Zoning District to allow parking and temporary structures for the National Special Olympics in 2006 and home football games on the property located at 1400 S. 4 th Street with the following stipulation: 1) This Variance is for this grantee only, with no time limit. Moved by Miller, seconded by Link, to amend the motion to add the following stipulation: 2) Any wheel rut damage must be repaired within one year of the damage. Vote on Amendment 4-0. Motion carried unanimously. Moved by Martin, seconded by Link, to further amend the motion to allow this applicant to provide parking, with the stipulations above, for any large events at Jack Trice Stadium and the surrounding area. Vote on Amendment: 4-0. Motion carried unanimously as amended. COMMENTS: Flynn noted that there will be a meeting on April 26 with a Special Use Permit on the agenda. 3 ADJOURNMENT: The meeting was adjourned at 7:26 p.m. ______________________________________ ___________________________________ Suzanne 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, April 26, 2006, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.