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HomeMy WebLinkAbout2020-07-06-J01Y Receipt-File_06182020 BOA Minutes AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 6, 2020 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 06/18/2020 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on June 18, 2020, for the City Council to receive and file of record. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: ATTACHMENTS: I. 06/18/2020 Board of Adjustment Minutes PREPARED BY: Melissa DeBoer, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1Y MINUTES OF THE JUNE 18th, 2020 BOARD OF ADJUSTMENT MEETING Call to Order. The June 18th, 2020 Board of Adjustment meeting was called to order at 5:30 P.M. by Chairman Garcia. Roll Call. The following Board Members were present: Breckenridge, Meyers, Garcia and Drees. Board Member Bisgard was absent. City Staff in attendance: Melissa DeBoer, Andy Kass, and Kathryn Purvis. Agenda Approval. Board Member Garcia made a motion, seconded by Board Member Breckenridge, to approve the agenda for June 18th, 2020. Ayes: Breckenridge, Meyers, Garcia and Drees. Nays: None. Motion carried. Approve the May 14th, 2020 Board of Adjustment Minutes. Board Member Drees made a motion, seconded by Board Member Myers, to approve the Board of Adjustment meeting minutes for May 14th, 2020. Ayes: Breckenridge, Meyers, Garcia and Drees. Nays: None. Motion carried. Application for 295 Bel Aire Drive (Lot 24, Corene Acres Plat 2) – Variance from section 165.07(4)B of the Waukee Municipal Code to allow a deck larger than 50 square feet to be located in the front yard. City Planner, Andy Kass, introduced the request as submitted by the applicants and homeowners, Andrew and Olivia Ostrander. The request, if approved, would allow the applicants to construct a deck 183 square feet in size onto the existing house and within the front yard of the property. A notice of the proposed variance request was mailed to surrounding property owners within a 310- foot radius Monday, June 8th, 2020. No correspondence has been submitted to staff for or against the variance. Mr. Kass advised that the applicants have noted that multiple properties in the vicinity of their property have front decks that exceed 50 square feet. This provides other property owners with a better visual appearance and additional outdoor space over the applicants. The applicants have also noted that the variance would not be contrary to public interest as it would allow them to construct something that is similar to existing decks on other properties in the neighborhood. Mr. Kass advised that staff does not make recommendations on variances, but went over the following factors for the Board to consider in making their decision. The square footage limitation of decks within front yards is a new regulation that was adopted in 2019. There are a number of existing decks within front yard setbacks in the surrounding neighborhoods that were constructed prior to this regulation being adopted. The ordinance still affords the applicant the ability to construct a deck, it just cannot exceed 50 feet in the proposed location.  Board member Myers questioned if there was a reason for the ordinance. Mr. Kass advised that he was unaware of specifics for how the ordinance came into existence.  Board member Drees questioned of this was a big enough hardship to prompt a variance. Board member Myers argued that even if 180 square feet was larger than what someone may like, this project would have been approved a year ago without a variance. Board member Myers also noted that he personally thought that 50 square feet was small for regulation, and pointed out that there are other homes that already have approved decks.  Board member Garcia advised that he was not opposed to the variance as there was no precedent to be set by approving it.  Homeowner Olivia Ostrander made the comment that the neighboring decks were all a similar size to what they were proposing in the variance. Mr. Kass advised that he had personally driven down the neighboring streets and noted that the sizes of the decks were not intrusive nor did they seem disproportionate enough to cause concern. Board member Garcia made a motion to approve the Variance from section 165.07(4)B of the Waukee Municipal Code to allow a deck larger than 50 square feet to be located in the front yard. The motion was seconded by Board member Myers. . Ayes: Breckenridge, Meyers, Garcia and Drees. Nays: None. Motion carried. New Business City Planner, Andy Kass, introduced new business to the Board and advised that another date will need to be set for a meeting in July for a new submission. July 16th is the tentative date suggested. Adjournment Board member Myers moved to adjourn the meeting. The motion was seconded by board member Breckenridge. Ayes: Breckenridge, Meyers, Garcia and Drees. Nays: None. Motion carried. The June 18th, 2020 Board of Adjustment Meeting was adjourned at 5:57 PM. _____________________________________ Juan Garcia, Chairman Attest: _____________________________________ Andy Kass, Senior City Planner