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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 5-24-2006 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA MAY 24, 2006 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m., on May 24, 2006, in the Council Chambers of City Hall with the following members present: Denise Link, Mary Ann Lundy, Lucy Martin, and Charles Samuels. Board Member Bradley Miller was excused. Staff members Ray Anderson, Dominic Roberge and Judy Parks were also present. APPROVAL OF THE MINUTES: Moved by Samuels, seconded by Martin, to approve the Minutes of the May 10, 2006 Zoning Board of Adjustment Meeting. Vote on Motion: 4-0. Motion declared carried. CASE NO. 06-18 SPECIAL HOME OCCUPATION – 2116 COUNTRY CLUB BOULEVARD - AVIS POHL, APPLICANT Public Hearing on Application for a Special Home Occupation Permit to allow the operation of a Bed and Breakfast at 2116 Country Club Boulevard CASE NO. 06-17 VARIANCE – 2116 COUNTRY CLUB BOULEVARD - AVIS POHL, APPELLANT Public Hearing on Appeal for Variance to the number of rented rooms and off-street parking requirements for a Bed and Breakfast operation at 2116 Country Club Boulevard The applicant consented to have both cases presented at the same time. Planner Anderson stated that a Home Occupation Permit was granted in 2001 for one year, but has expired. It allowed one guest room only because there was not adequate off-street parking for guests. The applicant is now asking to renew the Home Occupation Permit and is also asking for a Variance to allow three guest rooms to be used at one time for the Bed and Breakfast (B&B), rather than the two allowed by Code. Neighborhood property owners have contacted staff with concerns about on-street parking. Because of the alternate side parking and the conjunction of Cessna at this location, there is limited on-street parking. Staff believes that the standards for the Home Occupation Permit have been met for a maximum of two guest rooms, with the 3-car garage for the property. Staff does not support the Variance request for three guest rooms, as they believe those requirements have not been met. Samuels asked about the original request which granted only one guest room. Anderson explained that originally the applicants’ mother also lived in the home and used one of the available parking spaces. The applicant was instructed to come back in a year for reconsideration of the request, which she thought meant that she was to come back if the situation had changed, i.e. her mother no longer needed the parking space and she could rent another room, and that situation did not change until recently. The applicant, Avis Pohl of 2116 Country Club Boulevard, stated that she is an entrepreneur trying to make a living with this B&B and to be able to do that she has to have business. She agrees that she needs two parking spaces, which are now available. Sixty eight percent of her clients come to her house without cars, so there is not often a need for on-street parking. Also, five of her neighbors have offered to let visitors use their driveways if she needs additional off-street parking when friends or relatives come to visit. She is requesting that two of the rooms be reserved for those guests that may or may not require parking and that one additional room be reserved for guests that do not bring cars. One letter described the concerns about traffic and parking on the streets in the neighborhood if Campus B&B were allowed on-street parking. She feels that their concern that her guests are using on-street parking is incorrect. She currently encourages guests to park in the driveway and would be willing to be make sure that all guests were parking off-street each evening. Martin asked if it was possible to place a parking pad on the property. Ms. Pohl said that no, it would not be possible without a lot of expense that she could not afford. Samuels asked when the second parking space became available. Ms. Pohl stated that it was in 2005. 3 Larry Curtis lives at 2042 Cessna, three doors down from the B&B. He has lived in this home for sixteen years and in the neighborhood for almost 30 years. He travels up and down Cessna to ISU where he works, and to his law office frequently. He can’t recall any time in the last three years, since Ms. Pohl has owned the home, that he has ever seen a car parked in front of the B&B, and there is even a yellow no-parking strip there. He’s never been able to see cars in the driveway and believes there is more than enough space to park cars in the driveway. At the corner of Cessna and Country Club Boulevard there isn’t much of an area to even park a vehicle and doesn’t even feel that there is room to park 3 or 4 cars as stated in the letter objecting to the B&B. He supports both the Home Occupation Permit request and the Variance for granting three guest rooms. Paula Shriver of 804 Gaskill Drive spoke in favor of both requests. Her backyard abuts the B&B. She has been impressed with Ms. Pohl and there has never been a problem with people, noise, or parking. She is one of the neighbors that has offered to let Ms. Pohl use her driveway for guests if it is needed. Paul Moore of 2114 Country Club Boulevard lives across the street from the home. He stated that there are never vehicles parked in front of the B&B, as they do not park there, but they do park along Country Club Boulevard in front of his home and across the street from his home. Every two to three weeks one or two vehicles are parked there for two to three days. He believes these cars are guests at the B&B because he has seen guests loading their cars. About three weeks ago there were three vehicles parked there for two days. While the stop signs have slowed traffic down, the parked cars along the street create a bottleneck, impair the vision of drivers, and make it difficult for the people on Cessna to get out of their driveways. On May 17 Ms. Pohl stopped by his home to describe her request and asked him to sign a petition, which he refused. She said that she had three guests with two cars staying at the B&B that day. If this request is approved, how many cars will be parked in the street then, three or more? It is an uncomfortable situation for the neighbors. Martin asked Anderson about the stipulation in regard to registration. Anderson said that no one regularly reviews the registrations, but if there was a request staff could do that. Ms. Pohl stated that she is concerned about Mr. Moore’s statement about on-street parking. Two or three weeks ago she noticed a car parked across the street on Cessna and wasn’t aware that her guest was using the street for parking; she found out as they were leaving. Also, sometimes people stay at the home who are not paying guests. One example is that she donates rooms to parents who can’t afford to stay 4 with their children for Odyssey of the Minds. She stated that she would put more effort into monitoring where her guests park. Moved by Link, seconded by Samuels, to approve ORDER NO. 06-18 granting a Special Home Occupation Permit to allow the operation of a Bed and Breakfast with two guest rooms at 2116 Country Club Boulevard with the following stipulations: 1) That there be no outside employees coming to the site to work. 2) That breakfast shall be the only meal served and shall occur before 11:00 a.m. Only guests residing in the structure or persons living in the premises may be served. 3) That guests shall register upon arrival, stating their names, current residence address, and the license plate number of the vehicle that is being used by the guest. The applicant shall keep the registrations for three years and shall be made available for examination by representatives of the City upon one day’s notice. 4) That guest stays shall be limited to two weeks. 5) That the Special Home Occupation is not transferable to a subsequent property owner or to another property. 6) That the bed and breakfast establishment must comply with local and state regulations regarding all applicable permits and licenses including, but not limited to fire, health, food service, hotel, liquor, revenue, building/zoning permits, and licenses. Vote on Motion: 4-0. Motion carried unanimously. The Board discussed the Variance to allow a third bedroom to be rented and allowing off-street parking. Code states that two rooms are allowed and that there was not enough evidence presented to allow this Variance. Moved by Samuels, seconded by Martin to approve ORDER NO. 06-17 denying a Variance to the number of rented rooms and off-street parking requirements for a Bed and Breakfast operation at 2116 Country Club Boulevard. Vote on Motion: 4-0. Motion carried unanimously. CASE NO. 06-16 SPECIAL HOME OCCUPATION – 2016 FRILEY ROAD - MELISSA MURRAY, APPLICANT Public Hearing on Application for a Special Home Occupation Permit to allow the operation of a Family Day Care Home at 2016 Friley Road Planner Roberge stated that the home is a single-family dwelling with a two car garage. The home is about 2600 square feet and the day care would occupy about 600 square feet, which is below the maximum allowed. The applicant stated that the most children she would have in the day care is six, with three of them their own. The driveway is wide enough to accommodate four vehicles. Staff believes that the request meets all of the standards for a family day care and recommends approval with stipulations. 5 The applicant’s husband, Mike Murray, stated that friends asked his wife to watch their children and they want to follow the rules. The requested 7:00 a.m. start time is because the friends work in Des Moines. They have no problem with the recommended stipulations and have applied for State certification, but do not have it yet. Currently they have one other child in their home on Tuesday, Thursday and Friday. The ages of the children in the home are three, five, eight, and five, with only one child not their own, but they do anticipate having up to two more children in the day care. Moved by Martin, seconded by Link, to approve ORDER NO. 06-16 granting a Special Home Occupation Permit to allow the operation of a Family Day Care Home at 2016 Friley Road with the following stipulations: 1) That the hours of operation be limited to 7:00 a.m. to 5:30 p.m., Monday through Friday. 2) That the clients are instructed to park in the applicant’s driveway when dropping off and picking up children. 3) That the applicant submit to Planning and Housing staff proof of certification with the State of Iowa as a registered day care provider. Vote on Motion: 4-0. Motion carried unanimously. COMMENTS: Parks announced that a new planner has been hired and that she will probably be working with the Board at some time in the near future. Martin asked staff to bring a map to a future meeting showing the location of Family Day Cares in the City. The Board requested a report on what the legal interns find this summer when they research the existing Home Occupation Permits. ADJOURNMENT: The meeting was adjourned at 8:12 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, June 14, 2006, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.