HomeMy WebLinkAbout2006-03-15-Board of Adjustment MinutesMINUTES OF THE MARCH 15,2006 BOARD OF ADJUSTMENT MEETING
The March 15,2006 Board of Adjustment meeting was called to order at 5:02 p.m.by Chairman
Oxenford.
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jRollCall.The Chairman asked for a roll call and the following Board Members were present:
Lohstreter,Ellis,Oxenford.Absent:Colter,Phillips.Council Representative:Mertz arrived at 5 :04
p.m.
Approve the March 15,2006 Agenda.Motion by Board Member Ellis,seconded by Board Member
Lohstreter,to "Approve the March 15,2006 Agenda."Ayes:Lohstreter,Ellis,Oxenford.Nays:None.
Motion carried.
Approve the September 1,2005 Board of Adjustment Minutes.Motion by Board Member
Lohstreter,seconded by Board Member Ellis,to "Approve the September 1,2005 Board of
Adjustroent Minutes."Ayes:Lohstreter,Ellis,Oxenford.Nays:None.Motion carried.
Approve the Application of Robert Smith/State Farm Insurance -Monument Sign Setback.
Robert Smith of State Farm Insurance appeared before the Board.Mr.Smith has filed for a variance
from §305.3(E),which states that monument signs are required to be placed a minimum of 15 feet
from the public right-of-way in a C-l [Community and Highway Service Commercial]zoning district.
State Farm Insurance currently has a sign on two wooden PDStSin front of the building located at 80 4th
Street.The owner would like to replace the wooden posts with a permanent brick monument and reuse
the actual sign.The existing building is only set back fifteen (15)feet from the property line.The
applicant is requesting a variance to allow for the construction of the sign with a five (5)foot setback 1
from the property line.The current sign on the property sets one (1)foot from the property line.J
Chairman Oxenford asked if any correspondence had been received.Director of Planning Brad Deets
said none had been received.Mr.Smith stated that he would like to put up a more professional-
looking sign and that the proposed monument sign met all criteria required by current code except the
15'setback.Board Member Lohstreter asked Mr.Smith if the variance is denied,would the sign have
to stay as it currently is.Mr.Smith answered yes;he would not be able to make changes to the sign.
Chairman Oxenford reviewed the criteria to be met in order to gain approval for a variance,Motion by
Board Member Ellis,seconded by Board Member Lohstreter,to "Approve the Application of Robert
Smith/State Farm Insurance -Monument Sign Setback."Chairman Oxenford asked for a roll call
vote.Ayes:Ellis,Lohstrcter,Oxenford,Nays:None,Motion carried;variance approved.
Approve the Application of Midwest Mobile Home Development -Rear Yard Separation.
Kurt Johnson has :filed for a variance from §301.16(E)(4),which states that the minimum rear yard
separations shall be maintained SDas to provide separation of mobile homes of at least sixteen (16)
feet,provided that the homes are placed no closer than eight (8)feet to the rear lot line as identified by
the PDStSmarking the electrical lines,This requirement was established for all mobile home
developments constructed after November 1,1993.An exemption was created,however,relating to
the minimum rear yard setback requirement,for all mobile home park developments constructed prior
to that date.A building permit was issued for the placement of the mobile home on the IDt located at
922 Highland on January 25,2006.In the middle of February,the mobile home was inspected once
the foundation pillars had been constructed and the home had been set.Upon inspection it was II
determined that the home was not in compliance with the minimum sixteen (16)foot setback )
requirement but rather was fourteen (14)feet two (2)inches from the adjacent mobile horne.Upon
further review,it was determined that the site plan on which the building permit was issued was
incorrectly drawn.The applicant is requesting a variance to allow for the mobile home to stay at a
setback of fourteen (14)feet two (2)inches f1'om the adjacent mDbile home.Chairmarl0xenford
Attest:
reviewed the criteria to be met in order to gain approval for a variance.Motion by Ellis,seconded by
Lohstreter,to "Approve the Application of Midwest Mobile Home Development -Rear Yard
Separation."Chairman Oxenford asked for a roll call vote.Ayes:Ellis,Lohstreter.Nays:None.
Abstain:Chairman Oxenford (due to conflict of interest).Chairman Oxenford declared the variance
for Midwest Mobile Home Development -Rear Yard Separation passed by majority rule.However,
according to §301.29(I)of the City of Waukee code,the concuning vote of three (3)members of the
Board shall be necessary to reverse any order,requirement,decision,or determination of the
Administrative Official,or to decide in favor of the applicant on any matter upon ,vhich it is required
to pass under this ordinance,or the effect any variation in this Ordinance.Therefore,the variance must
be tabled until the next Board of Adjustment meeting on Monday,March 20,2006 at 5 :00 p.m.
Old Business.None.
New Business.Board Member Lohstreter asked Dennis Dowell ifthere was a way he could make
exceptions before issues came before the Board.MT.Dowell stated that it was his job to say whether
current code is being met or not and that he was not able to give exceptions.
Adjournment.Motion by Lohstreter,seconded by Phillips,to adjourn at 5:22 p.m.Ayes:Lohstreter,
Phillips,Oxenford.Nays:None.Motion carried.Meeting adjourned.
f Adjustments Chairman