HomeMy WebLinkAbout2009-11-12-Board of Adjustment MinutesApplication for 431 Laurel Street,Lot 2 ofthe Brockman 6 Plat -Variance request
to allow for a residential dwelling in a C-IA Neighborhood Commercial District.
Chariman Oxenford briefly mentioned some rezoning cases that had been previously
brought before the Board for their consideration in close proximity to the subject
property.Councilmember Watts explained that the City had rezoned some properties
adjacent to the downtown to a commercial zoning only to revert the zoning designation
back to a residential classification for real estate transaction purposes related to the sale
of properties that were not being used as commercial.Chairman Oxenford requested
clarification on the previous meeting held by the Planning and Zoning Commission
regarding the proposal to include a residential unit in the same building as the Brockman
Chiropractic Office.City Planner,Ben Landhauser,noted that the Commission had
directed Mr.Brockman to proceed with the project as commercial only due to some
concerns with the type of mixed use being proposed and the ability to utilize the existing
house on Lot I ofthe plat for residential purposes.Chairman Oxenford asked the Board
if they had reviewed the application for a variance and understood the criteria needed to
grant the variance.Councilmember Watts explained that the Downtown Master Plan had
not identified a specific mixed use building application to be used in the area and noted
that it was similar to the existing Classic Floral building downtown.Chairman Oxenford
questioned why the building had not been designed as a two-story building with
commercial on the street level with the apartment on the second floor.Mr.Brockman,
property owner of 433 and 431 Laurel Street,explained that the two uses were consistent
with the mix of land uses currently surrounding the property.Chairman Oxenford
questioned why the existing home at 435 Laurel Street had not been rented to Mr.
Brockman's sister instead of requesting the variance.Mr.Brockman explained that the
current tenants in the house at 435 Laurel Street had intended to stay in the home,making
it unavailable for his sister.Chairman Oxenford stated that if both the residence and
business were to be located on the street level,he would have preferred to see the
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MINUTES OF THE NOVEMBER 12,2009 BOARD OF ADJUSTMENT MEETING
Call to Order.The November 12,2009 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,Oxenford,Phillips,Drees.Absent:Ellis.Others in attendance:Code
Compliance Officer Dennis Dowell,City Plarmer Ben Landhauser,Council
Representative Mike Watts,Doug Brockman.
Approve the November 12,2009 Agenda.Motion by Board Member Colter,seconded
by Board Member Phillips to "Approve the agenda for November 12,2009."Ayes:
Colter,Oxenford,Phillips,Drees.Nays:None.Motion carried.
Approve the October 19,2009 Board of Adjustment Minutes.Motion by Board
Member Colter,seconded by Board Member Phillips to "Approve the October 19,2009
Board of Adjustment Minutes."Ayes:Colter,Oxenford,Phillips,Drees.Nays:None.
Motion carried.
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commercial business adjacent to the State Farm building on the east and the apartment be
placed adj acent to the existing house on the west.Board member Colter questioned if the
building would be valued as commercial or residential.Mr.Landhauser noted that the
building would be assessed as a commercial property.Board member Drees questioned
if the building met the design intent of the Downtown Master Plan.Mr.Landhauser
explained that the master plan had not provided specific direction as to the architectural
style,but the plan had called for design guidelines to be created which would provide for
a more defmed direction on design.Board member Colter explained that he thought the
project might spur additional interest in developing downtown.Board member Drees
noted that the Berkshire development,across from Stiver's Ford,in Clive was a good
example of how commercial building could be designed to complement an adjacent
residential area.He further stated that he did not feel the building provided enough
character or personality to meet the intent of what was desired in the downtown area for a
mixed use building.Chairman Oxenford asked if the City Council had any plans to make
the C-2 Central Business District zoning classification available for the areas identified
by the Downtown Master Plan.Councilmember Watts explained that he believed the
Council intended to address the situation as a part of the ordinance codification process
that the City was currently undertaking.
Old Business.Chairman Oxenford noted that the Board had never indicated that it was
against wineries.Board member Colter explained that he would have preferred not to
have the Board involved with those types of decisions,but understood that the applicant
had the right to request the review.He further noted that the issue should have been
handled as a zoning matter,but wants the winery to happen.
Motion by Board Member Phillips,seconded by Board Member Drees "to approve the
variance for Lot 2 of the Brockman 6 Plat to allow for a residential dwel1ingto be constructed as
an accessory use to a professional office in the same building."Ayes:Colter,Oxenford,
Phillips,Drees.Nays:None.Motion approved.
New Business.None
Adjournment.Motion by Board Member Colter,seconded by Board Member Phillips,
to adjourn at 5:59 p.m,Ayes:Drees,Oxcnford,Colter,Phillips.Nays:None.Motion
carried.Meeting adjourned.
Attest:
Jeff Kooistra,City Administrator/Clerk