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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 5-10-2006MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA MAY 10, 2006 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m., on May 10, 2006, in the Council Chambers of City Hall with the following members present: Mary Ann Lundy, Lucy Martin, Bradley Miller and Charles Samuels. Denise Link was excused. Staff members Matthew Flynn and Judy Parks were also present. APPROVAL OF THE MINUTES: Moved by Samuels, seconded by Martin, to approve the minutes of the April 26, 2006, Zoning Board of Adjustment Meeting. Vote on Motion: 4-0. Motion carried unanimously. CASE NO. 06-15 VARIANCE – UNIVERSITY LUTHERAN STUDENT CENTER, PROPERTY OWNER; RANDY LUETH, REPRESENTATIVE – 2126 GABLE LANE Public Hearing on appeal for a Variance to landscaping and setback requirements to allow for expansion of an existing parking lot at 2126 Gable Lane Planner Flynn said that the University Lutheran Student Center is attempting to alleviate parking problems in this congested area south of the ISU campus by providing more parking on site. The property in question, zoned Residential High Density (RH), is required to have a five-foot setback as well as L3 screening requirements, which may be met by having a six-foot high screen of dense shrubs or a six-foot-high fence along with additional landscaping, according to Table 29.403(4) in the Zoning Ordinance. Flynn said that presently there is a small, almost negligible, setback and a six-foot fence; the appellants are asking that they be allowed to simply maintain the fence and be relieved of the other L3 requirements. Flynn said that staff sees a lot of merit in this request, but when all the standards which must be met for granting a variance are considered, the standard of hardship is not met. He said that this is always the most difficult standard to meet – it demands that “ all reasonable use of the property” be lost if the variance is not granted. Since that is not the case, and in order to avoid giving this property owner a benefit that others do not receive, staff must recommend denial. Board member Samuels asked if it would benefit the neighborhood if the property owner were required to meet the L3 standard. Flynn stated that this is an area with multiple parking lots and the Variance would not make this property incompatible with neighborhood. Board member Martin inquired whether or not all the proposed new stalls could be added if shrubs were also installed. Flynn said they could be included if the entire parking lot were moved over five feet. There was discussion about the unusual shape of the property and the fact that a parking lot belonging to the adjacent owners extends right up to the existing fence. Flynn stated that the 2 existing fence is in reasonable condition. Although there is a gap in it to allow people to cut through, it meets the intent of the ordinance in screening the parking area. To conform to L3 standards, however, five feet of landscaping needs to be installed on either side of the fence. Randy Lueth stated that he is a landscape architect with Engineering Plus, 612 Fifth Street, and prepared the plan for the University Lutheran Student Center. He said the appellants want to expand the parking lot, but the scope of the project is large enough that the changes require the entire lot to be brought up to the current code. Lueth said that the proposed expansion would include 12 new parking spaces and one more handicapped-accessible stall; it would provide additional parking for users of the building who now park on the street. To his knowledge, the new stalls would not be leased to residents of the neighborhood. Mr. Lueth explained that the intent of this ordinance is to screen the parking lot from adjacent uses, but in this case there is another parking lot on the other side of the fence. He said the appellant is a non-profit organization and the project is being funded by donations; the group finds it hard to justify removing the existing asphalt just to replace it in a slightly different location. He maintained that the important questions were: “Is the Spirit of the Ordinance being observed?” and he would say, “Yes,” and, “Would the Variance cause hardship to an adjacent property owner?” and that answer is “No.” He added that he had been unable to reach anyone at the fraternity, but representatives of the sorority next door had signed the letter of support. Board member Samuels asked how much it would it cost to bring the expanded lot into compliance with the code. Mr. Lueth estimated that it would be just under $2000. Board member Martin pointed out that shifting the lot not only adds financial hardship, there does not seem to be much gained by doing it. The Spirit of the Ordinance is to provide a screen for neighboring properties, and this seems like a lot of work to simply screen another parking lot. Moved by Samuels, seconded by Martin, to ADOPT ORDER 06-15, granting a Variance to allow expansion of an existing parking area with relief from the L3 landscaping requirement of providing a five-foot setback in addition to the existing six-foot-high fence on the property located at 2126 Gable Lane. Roll Call Vote: 4-0. Motion carried unanimously. COMMENTS: Board Chair Lundy thanked Matthew Flynn for his years of service to the Zoning Board of Adjustment and wished him the best in his new position in the Quad Cities. Flynn said that he enjoyed working with the Zoning Board of Adjustment; it is one of the most interesting aspects of Planning. ADJOURNMENT: The meeting was adjourned at 7:32 p.m. Karen C. Thompson, Recording Secretary Mary Ann Lundy, Chair 3 The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wednesday, May 23, 2006, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.