HomeMy WebLinkAbout2001-09-18-Board of Adjustment MinutesPlumb Supply Company,in approximately 1996,leased space regulated by the same
readily accessible "M-1"zoning requirements.They have consistently ignored the
requirements of section 301.22 that states "Only the uses of structures or land listed in
this section shall be permitted in the "M-1"District,provided,however,that "all
manufacturing,assembling,compounding,processing,packaging or other comparable
treatment,including storage of any and all materials and equipment shall take place
within completely enclosed buildings,•.•"(emphasis added).
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MINUTES OF THE SEPTEMBER 18,2001 BOARD OF ADJUSTMENTS MEETING
The September 18,2001 Board of Adjustments meeting was called to order at 7:05 p.rn.
by Chairman Oxenford.
Ron Cali.The Chairman asked for roll call vote and the following Board Members were
present:Oxenford,Ellis,Phillips,and Gatrel.Absent:Colter.
Council Representative present:None.
Agenda Approval.Motion by Ellis,second by Gatrel to approve the agenda.Chairman
Oxenford asked for a roll call vote.Ayes:Ellis,Gatrel,Phillips,and Oxenford.Nays:
None.
Approval ofthe August 2,2001 Board of Adjustment Minutes.Motion by Ellis,
second by Phillips to approve the August 2,2001 Board of Adjustment Minutes.
Chairman Oxenford asked for a roll call vote.Ayes:Ellis,Phillips,Gatre!,and
Oxenford.Nays:None.
Approve the Variance for Plumb Supply Company.A variance was requested by
Plumb Supply Co to waive the requirement for storage of any and all materials and
equipment within completely enclosed buildings.Plumb Supply proposed some type of
screening,fencing and/or landscaping if necessary to conceal the outside storage until
June 30,2004 at which time their lease will expire and they will have outgrown this site
and will be looking for another.Chairman Oxenford asked ifthere was any opposition
either verbally or in writing.Scott Buechler with Datavue LLC wrote a letter to the
Board of Adjustments,which was read by Chairman Oxenford:
09/18/01
Waukee Board of Adjustments
Sirs,
Datavue LLC,owner of property and a building adjacent to Plumb Supply Company,
object to any variance that allows them to continue violation of the existing zoning
requirements.
Datavue in 1996 purchased 2.1 acres on which we constructed an 18,000 square foot
building in compliance with the published "M-1 "District requirements.Datavue's
current Waukee assessment on this property is $732,000 and we pay $28,600 annually in
property taxes.
Old Business.None.
By this violation Plumb Supply Company has created a significant eyesore that has
affected Datavue 's ability to lease space at a price that allows it a fair recovery of its
substantial investment and expenses (including $28,600 annually in property taxes).
Both Datavue 's and other property owner's land and building values have been
adversely affected.Additionally,this violation has and will impact future development of
this area.
Granting this variance to those who had full access to the public "m-I "requirements
before signing their lease will not only perpetuate the decrease in our and adjacent
property owner's values,it will actually encourage future violations by establishing a
precedent that violations can be easily legitimized by variances.
Datavue realizes that the Waukee board of Adjustments has the power to grant variances
at their sale discretion.if you choose to do this Datavue we would request that any
variance granted would,at a minimum,require:
•Fencing must be constructed only on the leased property
•Solid wood fencing (not screening)with no gaps between boards
•Fence supports are placed on inside offence with the "smooth side "out
•Fencing completely encloses all stored materials and material's racking so that
the meaterials are not visible from any other property (oncluding that materials
must not rise above the fence)
•The variance ceases on July 1,2004 (the end of the current lease)and cannot be
continued into future leases
•A clause that the terms of the variance are to be strictly enforced
In summary,Datavue objects to the granting of a variance that will continue the decrease
in our property value as well as damage our ability to lease space at a fair return.
Respectively,
Scott Buechler (signature in file)
Sue Stonehocker (signature in file)
DatavueLLC
Chairman Oxenford continued on with the answers to the questions presented on the
Board of Adjustments Application.The Board felt that Plumb Supply was unable to
answer any of the four (4)required questions with a "yes"answer.Motion by Ellis,
second by Phillips to "Approve the Variance for Plumb Supply Co.".Chairman
Oxenford asked for a roll call vote.Ayes:None.Nays:Ellis,Phillips,Gatrel,and
Oxenford.Variance Denied.
New Business.An application was received from Westwood Plaza for a monument sign
asking for a variance allowing them to build the monument sign closer to the ROW than
the ordinance allows.
Adjournment.Motion by Gatrel,second b)i Ellis to adjourn at 7:30 p.m.The Chairman
asked for a roll call vote:Ayes:Gatrel,Ell"s,Philli s,and Oxe rd.Nays:None
f Adjustments Chairman
Attest:
ity Administrator/Clerk
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