HomeMy WebLinkAbout2010-02-02-Board of Adjustment MinutesMINUTES OF THE FEBRUARY 2,2010 BOARD OF ADmSTMENT MEETING
Call to Order.The February 2,2010 Board of Adjustment meeting was called to order
at 5:30 p.m,by Chairman Oxenford.
Roll Call.The Chairman asked for a roll call and the following Board Members were
present:Colter,Ellis,Oxenford,Drees.Absent:Phillips.Others in attendance:Brad
Deets,Ben Landhauser,Dennis Dowell,Keith Rash,Shane Blanchard,Colin King,Mark
&Jolene Myers,Doug Brockman.
Approve the February 2,2010 Agenda.Motion by Board Member Ellis,seconded by
Board Member Drees to "Approve the agenda for February 2,2010."Ayes:Colter,Ellis,
Oxenford,Drees.Nays:None.Motion carried.
Approve the November 12,2009 Board of Adjustment Minutes.Motion by Board
Member Colter,seconded by Board Member Ellis to "Approve the November 12,2009
Board of Adjustment Minutes."Ayes:Colter,Ellis,Oxenford,Drees.Nays:None.
Motion carried.
Election of Chairman and Vice Chairman for 2010.Motion by Board Member Ellis,
seconded by Board Member Colter to "Nominate Jay Oxenford for 2010 Chairman."
Ayes:Colter,Ellis,Drees.Nays:None.Motion carried.
Motion by Chairman Oxenford,seconded by Board Member Ellis to "Nominate Chris
Colter for 2010 Vice Chairman."Ayes:Ellis,Oxenford,Drees.Nays:None.Motion
carried.
Motion by Board Member Drees,seconded by Board Member Ellis to "dose nominations
for Chairman and Vice Chairman for 2010."Ayes:Colter,Ellis,Oxenford,Drees.Nays:
None.Motion carried.
Application for 440 School Street-Variance request to allow for a dwelling unit to
extend into the rear yard setback,Chairman Oxenford opened the discussion asking
for the applicant,Mark and Jolene Myers,to identify themselves and requested some
background information on how long they had lived at their 440 School Street address.
Chairman Oxenford noted that five (5)letters had been received in favor of the variance
request.Colin King ofK&V Homes,the applicant's hired contractor to build an addition
on their home,addressed the Board and explained the process he had gone through in
applying for a building permit for the addition to the Myers'home.Mr.King indicated
that he had gone over the building permit information with City staff in December and
had received preliminary approval to proceed with the construction of the addition to the
Myers'home,but had been encouraged by Dennis Dowell,building inspector for the
City,to have a completed site plan indicating the distance the addition was proposed to
be constructed from the property lines.Mr.King further explained that upon receiving
the survey ofthe property showing the existing deck where the proposed addition was to
be constructed he realized that the addition would go into the building setback a couple of
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feet.Dennis Dowell indicated that the building permit had been denied once the site plan
was provided to city staff until the plans were modified to keep the addition out of the
rear building setback.It was noted that after the building permit was denied,the
applicant had submitted the variance request.Board Member Drees requested
information on why a stop work order had been issued on the project.Keith Rash,
building inspector for the City,indicated that an inspection of footings had been done
Old Business.None.
prior to the building permit being denied,which had failed due to a lack of depth.After
the failed inspection,the City had become aware that the project had proceeded further
without an approved footing inspection which triggered a stop work order to be issued for
the addition.Chairman Oxenford asked ifthe footings currently met the requirement so
that the addition wouldn't have to be tom down even ifthe variance was granted.He
noted that a variance would not permit the project to be constructed in non-conformance
with the building code.Mr.King explained to the Board that once he had learned of the
failed footing,he had instructed his employee to dig the footing holes down to the
adequate depth and took pictures recording the proper depth prior to filling them in with
concrete and proceeding with the project.Mr.Rash indicated that the City does not
accept pictures to pass an inspection and that Mr.King would need to dig out next to the
footings to verify the accurate depth.Board Member Colter discussed with the Board
how the addition would fit into the surrounding neighborhood and cited the number of
adjacent properties with detached garages and sheds in the rear yard.He stated that he
felt the addition would not be a change in the sight lines for the adjoining neighbors of
the property as it was being built in the same location as the preexisting deck.Board
Member Drees stated that he did not feel that the arguments provided by the applicant in
the variance application proved a hardship,but indicated that the completion of two thirds
ofthe project would create a hardship if the variance was not granted.Board Member
Ellis stated that he did not want to start a precedent.
Motion by Board Member Ellis,seconded by Board Member Drees "to approve the
variance for 440 School Street to allow the dwelling to extend into the rear yard setback two and
one half (2 )/,)feet."Ayes:Colter,Ellis,Oxenford,Drees.Nays:None.Motion approved.
New Business.None
Adjournment.Motion by Board Member Ellis,seconded by Board Member Drees,to
adjourn at 5:59 p.m.Ayes:Drees,Oxenford,Colter,Ellis.Nays:None.Motion carried.
Meeting adjourned.
of Adjustment Chairman
Attest:
Jeff Kooistra,City Administrator/Clerk