Loading...
HomeMy WebLinkAbout2020-08-03-I01C Receipt-File_07162020 BOA Minutes AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 3, 2020 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 07/16/2020 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on July 16, 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. 07/16/2020 Board of Adjustment Minutes PREPARED BY: Andy Kass, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1C MINUTES OF THE JULY 16th, 2020 BOARD OF ADJUSTMENT MEETING Call to Order. The July 16th, 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, Bisgard, and Drees. No board members were absent. City Staff in attendance: Melissa DeBoer, Andy Kass, and Kathryn Purvis. Agenda Approval. Board Member Drees made a motion, seconded by Board Member Meyers, to approve the agenda for July 16th, 2020. Ayes: Breckenridge, Meyers, Garcia, Bisgard, and Drees. Nays: None. Motion carried. Approve the June 18th, 2020 Board of Adjustment Minutes. Board Member Breckenridge made a motion, seconded by Board Member Drees, to approve the Board of Adjustment meeting minutes for June 18th, 2020. Ayes: Breckenridge, Meyers, Garcia, Bisgard, and Drees. Nays: None. Motion carried. Application for 115 N Warrior Lane (Lot 4, Enterprise Business Park Plat 1)- Variance from section 165.14(1) of the Waukee Municipal Code to allow an 8foot tall fence in lieu of the maximum allowed 6 foot tall fence in the C-1 (Community and Highway Service Commercial) zoning District City Planner, Melissa DeBoer, introduced the request as submitted by the applicants, It’s a Ruff Life, LLC. The request, if approved, would allow the applicants to construct an 8 foot fence, exceeding the maximum height in the C-1 district by 2 feet on the east side of the property. A notice of the proposed variance request was mailed to surrounding property owners within a 310 foot radius and to date no correspondence has been shared with staff for or against the request. Mrs. DeBoer advised that the applicants have noted that the 8 foot fence is required as some dogs are able to clear the 6 foot height which puts the dogs and community at risk if they are able to get out. Mrs. DeBoer also noted that the property is surrounded by M-1 (Light Industrial District) zoning in which an 8 foot fence would be allowed. The fence is also not visible from the main road. Mrs. DeBoer advised that staff does not make recommendations on variances.  The Applicant, Tyler Mann, addressed the Board, stating that the rules are in place for a reason which the applicants respect, however finding a property to bring this service to the Waukee area has been highly difficult. This property is potentially the only option provided that the security of an 8 foot fence is allowed. Mr. Mann stated that the intent is to keep the business looking as attractive as it currently is.  Board member Drees questioned what type of fence would be installed. Mr. Mann advised that the current location in Clive is pre-treated cedar, and that staining is required by laws applicable to dog daycares.  Board member Bisgard questioned why there was a random C-1 zoning. City Planner, Andy Kass, advised that a long time ago this area was rezoned for a bar and grill. The rest of the remaining business park was zoned M-1 but this portion was never brought forward for rezoning.  Kim Haskill, a concerned citizen, advised that while it may not be visible from the main road, it is visible from the church, and is concerned about a fence in that location. Board member Breckenridge advised that even if it wasn’t 8 feet, there could still be a fence at this location. Board Member Meyers also added that there could be an 8 foot fence on any of the surrounding properties if they so choose. So there is no regulation that a fence isn’t allowed.  Elaine Stearns, a representative of APPS Medical Services, advised that she did not think this was a good use of the space. Mrs. Stearns advised that she was concerned about noise, smell, and general uncleanliness as she worked in a medical facility as a tenant of the building. Mr. Mann advised that their Clive location has not received any complaints for her concerns, and that they anticipate adding sound proofing and training that would mitigate most of the issues sited by Mrs. Stearns. When asked, Mr. Mann advised that the purchase would be for the whole building not the tenant space. Mrs. DeBoer advised that the use of the building was allowed per the regular zoning. The only concern at this time was the height request of the fence that could be placed in the location.  A representative for the Waukee Community Church and Homestead Senior Care advised that there were concerns for the fence altering the views of the church, as well as the noise level, smell, health and safety of the community members with a dog care facility in this location. Board member Drees made a motion to approve the Variance from section 165.14(1) to allow an 8 foot fence in the C-1 zoning district. The motion was seconded by Board member Breckenridge. Ayes: Breckenridge, Meyers, Garcia, Bisgard, and Drees. Nays: None. Motion carries. New Business Mrs. DeBoer advised that all further meetings will resume via Zoom as previously handled as the City Offices would be closed to the public. Adjournment Board member Garcia moved to adjourn the meeting. The motion was seconded by board member Meyers. Ayes: Breckenridge, Meyers, Garcia, Bisgard, and Drees. Nays: None. Motion carried. The July 16th, 2020 Board of Adjustment Meeting was adjourned at 5:51 PM. _____________________________________ Juan Garcia, Chairman Attest: _____________________________________ Melissa DeBoer, Senior City Planner