ZBA denies variance request for Wal-Mart
Residents prepare for lawsuit
by JESSICA L. FINCH Associate Editor

Denial of a variance has complicated the process for Wal-Mart and its plans to build on North Bailey Road.

During the Sept. 25 Zoning Board of Appeals meeting, the board members voted 3-2 to deny a variance to the nonpermitted off-street parking rules.

Benderson Development Company, which is leasing the property, was requesting that the old DSW parcel be used for parking next to the proposed Wal-Mart, at the old Ames site.

ZBA Chairman Joe Speth said the decision to deny was based on the complainant's failure to show hardship that would require a variance. In other words, because the parcel, zoned for business, wouldn't be used for that purpose but a parking lot instead, the applicant had to prove a need for the variance and failed to do so, according to the majority of the Zoning Board.

The Wal-Mart store must be accompanied by a certain number of parking spots. The DSW parcel was estimated to be 15-25 percent of the total parking spots.

While the ZBA denied the parking variance, it approved a variance for the location of a loading dock.

Frank Pasztor, president of the Hartford and North Bailey Homeowners Association, has been following the project and expects Wal-Mart to return for another hearing.

While the denial stalls the project, residents are still fighting development of the site without a full environmental impact study.

"We wanted the Zoning Board of Appeals to declare a positive declaration and review an impact study," Pasztor said. A positive declaration means that a project would impact the environment.

Pasztor said the dimensions of the proposal call for a review, foremost because it involves more than 10 acres of land and is larger than 100,000 square feet.

By not having a review, the residents have several concerns about putting a Wal-Mart at that corner.

Expecting the developer to return, Pasztor said the Homeowners Association is holding a fundraiser to support a lawsuit it plans to file against the project.

The fundraiser will be held from 2 to 6 p.m. Saturday, Oct. 7 at the North Bailey Fire Hall, 966 Sweet Home Road.