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HomeMy WebLinkAbout2019-06-03-J01C Receipt-File 052319_BOA Minutes AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 3, 2019 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 05/23/19 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on May 23, 2019, 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. 05/23/19 Board of Adjustment Minutes PREPARED BY: Andy Kass, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1C MINUTES OF THE MAY 23RD, 2019 BOARD OF ADJUSTMENT MEETING Call to Order. The May 23rd, 2019 Board of Adjustment meeting was called to order at 5:30 P.M. by Chairman Garcia. Roll Call. The following Board Members were present: Irvin, Garcia and Drees. Board Members Breckenridge and Myers were absent. City Staff in attendance: Melissa DeBoer and Andy Kass. Agenda Approval. Board Member Drees made a motion, seconded by Board Member Irvin, to approve the agenda for May 23rd, 2019. Ayes: Irvin, Garcia and Drees. Nays: None. Motion carried. Approve the April 25th, 2019 Board of Adjustment Minutes. Board Member Irvin made a motion, seconded by Board Member Drees, to approve the Board of Adjustment meeting minutes for April 25th, 2019. Ayes: Irvin, Garcia and Drees. Nays: None. Motion carried. Application for 1300 SE Kettlestone Boulevard (Lot 1, Hurd Kettlestone) – Variance from §301.8.(M) of the Waukee Municipal Code to allow an 8 foot tall fence in lieu of the maximum allowed 6 foot tall fence. Senior Planner, Andy Kass, introduced the request for a variance as submitted by the applicant, Hurd Kettlestone, LLC. The request, if approved, would allow for a fence that is 8 feet in height on the Fleet Farm site. Mr. Kass explained that the fence would be ornamental steel on the west side and chain link on the east side of their outdoor yard area. The applicant is requesting the change from the 6-foot tall fence as approved with the site plan for security purposes. Mr. Kass discussed the applicant’s variance application that was submitted. The applicant noted that fencing for large-scale retailers is unique due to the necessity for increased safety, security, and screening. Large-scale retailers are also limited within communities, thus further adding to the uniqueness. The applicant noted that Fleet Farm is a large-scale retail store where select merchandise is sold from the yard and that a taller fence is required for safety and security of the merchandise. The applicant noted that granting the variance will not create any negative impacts to the health, safety, or welfare of neighboring properties or the general public, but rather, the fence will provide the necessary safety and security for the large-scale retail use. Mr. Kass advised that staff typically is in the position to recommend against variance requests as the request does not meet the requirements of the Zoning Ordinance of which staff is obligated to carry out. Mr. Kass went over the following criteria for the Board to consider when making their decision: the proposed eight-foot tall fence is located outside of the front yard and should not cause visibility issues on the site, fences taller than six feet are only allowed in industrial zoning districts, a six-foot fence was approved as part of the overall site plan by the City Council, six - foot fences provide a security barrier no different than an 8-foot fence, and the amount of fencing is limited to the north side of the site. There was a minor discussion amongst the Board about other commercial properties within the city that have fences taller than the allowed 6 feet. Board member Drees moved to approve the Variance from §301.8.(M) of the Waukee Municipal Code to allow an 8 foot tall fence in lieu of the maximum allowed 6 foot tall fence. The motion was seconded by board member Garcia. Ayes: Irvin, Garcia and Drees. Nays: None. Motion carried. Application for 800 SE Melrose Drive (Lot 18, Westgate Plat 4) – Variance from §301.8.(M) of the Waukee Municipal Code to allow a 6 foot tall fence to be placed within the required 30 foot front yard setback. City Planner, Melissa DeBoer, introduced the request as submitted by the applicants and homeowners, Ryan and Erin Steenrod. The request, if approved, would allow the applicants to install a 6 foot tall wooden privacy fence within the required front yard setback along SE Crabapple Drive. A notice of the proposed variance request was mailed to surrounding property owners within a 200 foot radius on Monday, May 13th, 2019. To date, staff has not received any correspondence for or against the variance. Mrs. DeBoer advised that the applicants have noted that there are several other corner lots in their neighborhood that have 6 feet tall fences placed within the required setback. The applicants have also noted that they would like to expand their backyard in order to enjoy the space that is not currently being used. The applicants have noted that the location of the fence will not limit visibility from any street traffic on SE Melrose Drive or SE Crabapple Drive. They have also noted that the fence will be professionally built, stained, and maintained on a regular basis. Mrs. DeBoer 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 six foot tall fence would be located within the front yard along SE Crabapple Drive, a six -foot tall fence is already installed on the property that meets the required 30-foot setback, a four-foot fence could be installed within the required building setback all the way up to the property line, and fences taller than four-feet in height are prohibited within front yard setback areas for safety purposes to ensure that drivers and pedestrians can see on-coming traffic and pedestrians. Ryan Steenrod, the applicant/homeowner, provided the Board a different picture of the house and yard to look at, in order to better show the side yard along SE Crabapple Drive in relation to the proposed fence. Dana Rich, neighbor at 805 SE Parker Drive, was in attendance and stated that she has no concerns about the variance request. Ms. Rich recommended staff look into a 3-way stop at that intersection in order to prevent speeding. Board Member Drees moved to approve the Variance from section 301.8.(M) of the Waukee Municipal Code to allow a fence taller than 4-feet in height within a front yard setback as submitted. Board member Garcia seconded the motion. Ayes: Irvin, Garcia and Drees. Nays: None. Motion carried. Application for 610 SE Whitetail Lane (Lot 19, Windfield II Plat 1) – Variance from §301.8.(M) of the Waukee Municipal Code to allow a 5 foot tall fence to be placed within the required 30 foot front yard setback. City Planner, Melissa DeBoer, introduced the request as submitted by the applicants and homeowners, Lucas and D’ette Longman. The request, if approved, would allow the applicants to install a 5-foot tall chain link fence within the required front yard setback along SE Marshall Drive. A notice of the proposed variance request was mailed to surrounding property owners within a 200-foot radius on Monday, May 13th, 2019. To date, staff has not received any correspondence for or against the variance. Mrs. DeBoer advised that the applicants have noted the special circumstance in this instance is the corner lot. The applicants noted that they had discussed their plans for their fence with surrounding neighbors and that the neighbors agree that by replacing the existing 4-foot tall solid wood fence with the proposed 5-foot tall chain link, it would actually create better visibility for the neighborhood as a whole. Mrs. DeBoer advised that the applicants noted other options, but a 4-foot tall fence would not hold their dog in as he leaps over the fence. The applicants also noted that an invisible fence has minimal impact on their dog. They also noted that, while a 6-foot tall fence would be the best option, they believe a 5-foot tall chain link is a good compromise. Mrs. DeBoer 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 proposed five-foot tall chain link fence would be located in the front yard along SE Marshall Drive, a four-foot tall wooden fence is already installed on the property in the same location as the proposed fence, fences taller than 4-feet are prohibited within front yard setback areas for safety purposes, and the proposed five-foot tall chain link fence would allow for more visibility than what is currently there today with the opaque wooden fence. Lucas Longman, the applicant/homeowner, stated that his dog is a German Shorthair Pointer and can jump the four-foot tall fence. Board Member Irvin moved to approve the Variance from section 301.8.(M) of the Waukee Municipal Code to allow a fence taller than 4-feet in height within a front yard setback as submitted. Board member Garcia seconded the motion. Ayes: Irvin, Garcia and Drees. Nays: None. Motion carried. Old Business There was no old business discussed. New Business Mr. Kass advised the Board that there will be changes soon to the Zoning Ordinance in regards to wall signage and fences. The changes should minimize the number of variance requests from the Board of Adjustment. Adjournment Board member Irvin moved to adjourn the meeting. The motion was seconded by board member Drees. Ayes: Irvin, Garcia and Drees. Nays: None. Motion carried. The May 23rd, 2019, Board of Adjustment Meeting was adjourned at 5:59 PM. _____________________________________ Juan Garcia, Chairman Attest: _____________________________________ Andy Kass, Senior City Planner