HomeMy WebLinkAbout2005-03-31-Board of Adjustment MinutesMINUTES OF THE MARCH 31,2005 BOARD OF ADJUSTMENT MEETING
The March 31,2005 Board of Adjustment meeting was called to order at 5:00 p.m.by Chairman
Oxenford.
Roll Call.The Chairman asked for a roll call and the following Board Members were present:Colter,
Ellis,Phillips,Oxenford.Absent:Lohstreter.Council Representative Stanton absent.
Approve the March 31,2005 Agenda.Motion by Ellis,seconded by Colter,to "Approve the March
31,2005 Agenda."Ayes:Colter,Ellis,Phillips,Oxenford.Nays:None.Motion carried.
Approve the January 24,2005 Board of Adjustment Minutes.Motion by Phillips,seconded by
Ellis,to "Approve the January 24,2005 Board of Adjustment Minutes."Ayes:Colter,Ellis,Phillips,
Oxenford.Nays:None.Motion carried.
Approve the Application of Jason Hall-565 SE Pleasant View Drive.Jason Hall of565 SE
Pleasant View Drive addressed the Board.He has filed for a variance from §301.8(M)which states
that "no fence,wall or hedge shall exceed four (4)feet in height along the street side yard of a comer
lot within the area of the front yard extended of an abutting lot to the rear of said comer lot,unless
located along building setback lines in which case the fence,wall or hedge shall not exceed the height
of six (6)feet."A six (6)foot fence has been erected along the street side of the lot within the building
setback,and a building permit was not obtained prior to construction.Mr.Hall presented the Board
with photographs of other comer lots in Waukee that had 6-foot fences in the front yard setback.The
Board focused on the one property within Mr.Hall's subdivision,Parkview Crossing,that had been
approved for a 6-foot fence.Chad Weaver explained that the code section regarding fencing on comer
lots had most likely been in place since 1998,but that section had been interpreted differently than
written,allowing for 6-foot fences on comer lots where the rear yard abutted the rear yard of the
adjacent comer property,Within the last year to two years,City staff has been enforcing the ordinance
differently,not allowing for 6-foot fencing in any front yard setback,regardless of the orientation of
the home.Council Member Pcard arrived at 5:16 p.m.The board asked if a permit had been issued
for the 6-foot fence on the other comer lot in Parkview Crossing.City staff produced the approved
permit,issued in Apli12004,and stated that it been issued in error.Council Member Peard left at 5:20
p.m.Chairman Oxenford reviewed the criteria to be met in order to gain approval for a variance;the
Board agreed that despite their belief that Mr.Hall should be allowed to keep the fence as another such
fence had been permitted in his subdivision within the last year,the variance must be denied as Mr.
Hall did not obtain a building permit before erecting the fence,and so did not meet the criteria that the
City'S decision was not a result of the actions of the applicant.Board Member Colter stated that
perhaps the City could help reset the fence within the setback as a gesture of good will,in light of a
permit being mistakenly approved for another corner property in Parkview Crossing.Motion by
Colter,seconded by Ellis,to "Approve the Application of Jason Hall-565 SE Pleasant View Drive."
Chairman Oxenford asked for a roll ca11vote.Ayes:None.Nays:Colter,Ellis,Phillips,Oxenford.
Motion defeated;variance denied.Motion by Colter,seconded by E11is,to "Direct the City to assist in
the labor ofrelocation of the non-conforming portion of the fence out of the front yard building
setback,if Mr.Hall obtains an approved building permit to do so."Ayes:Colter,Ellis,Phillips,
Oxenford.Nays:None.Motion carried.
Old Business.Chairman Oxenford noticed that the Shottenkirk Chevrolet sign had been moved in
accordance with a previous Board decision,but asked why it was still a pole sign,which is not allowed
by ordinance.Dennis Dowell stated that the sign was approved as a monument sign with brick around
the base and along the sides to the top of the sign,but as of yet the brick had yet to be installed.
I
Attest:
New Business.None.
Adjournment.Motion by Ellis,seconded by Colter,to adjourn at 6:01 p.m.Ayes:Colter,Ellis,
Phillips,Oxenford.Nays:None.Motion carried.Meeting adjourned.
JJf~lm,nl'Ciminrum
Mark J.Arentsen,City Administrator/Clerk