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HomeMy WebLinkAbout2023-04-03 J01C_02 Receipt-File_03232023 BOA MinutesAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 3, 2023 AGENDA ITEM:Consideration of receipt and file of Board of Adjustment Minutes of 03/23/2023 meeting FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on March 23, 2023, 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. 03/23/2023 Board of Adjustment Minutes PREPARED BY:Melissa DeBoer, Planning Coordinator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1C2 MINUTES OF THE MARCH 23rd, 2023 BOARD OF ADJUSTMENT MEETING Call to Order. The March 23rd, 2023 Board of Adjustment meeting was called to order at 5:30 P.M. by Board Member Garcia. Roll Call. The following Board Members were present: Garcia, Bisgard, Johnson, and Westberg. No board members were absent. City Staff in attendance: Melissa DeBoer, Andy Kass, Bill Mettee, Kathryn Purvis, and Dawn Young. Agenda Approval. Board Member Johnson made a motion, seconded by Board Member Bisgard, to approve the agenda for March 23rd, 2023. Ayes: Garcia, Westberg, Johnson, and Bisgard. Nays: None. Motion carried. Approve the October 28th, 2021 Board of Adjustment Minutes. Board Member Breckenridge made a motion, seconded by Board Member Bisgard, to approve the Board of Adjustment meeting minutes for October 28th,2021. Ayes: Garcia, Westberg, Johnson, and Bisgard. Nays: None. Motion carried. Election of Officers: Board Member Johnson made a motion to retain the current positions of Chairman and Vice Chairman as Garcia and Bisgard, respectively. The motion was seconded by Board Member Westberg. Ayes: Garcia, Westberg, Johnson, and Bisgard. Nays: None. Motion carried. Application for 1145 SE Bluegrass Circle (Lot 4 of Williams Pointe Plat 2) – Variance from §165.15 of the Waukee Municipal Code to allow a 6 foot fence to be placed within the required front yard setback. Application for 1145 SE Bluegrass Circle (Lot 4 of Williams Pointe Plat 2) – Variance from §165.06 of the Waukee Municipal Code to allow an accessory structure to be placed within the required front yard setback. Both requests will be discussed together and voted upon separately. City Planner, Bill Mettee, introduced the request for variance for a fence and accessory structure to be located within the required front yard setback of the subject property. The request was submitted by the applicant, Travis Hamilton, and if approved would allow the continuance of an accessory structure and the replacement of the existing fence with a 6 foot fence within the secondary front yard setback. A notice of the proposed variance request was mailed to surrounding property owners within a 250 foot radius on Friday, February 10th, 2023. Mr. Mettee advised that the hardship presented by the applicant states that the corner is near a busy intersection and the 6 foot fence would reduce headlight shine into the home. Additionally, in order to comply with the zoning ordinance, the existing shed would need to be removed and replaced. The Applicant also noted that no obstruction to pedestrian or vehicular traffic or sight lines will occur. Mr. Mettee advised that staff will not make a recommendation on variances, but advised the Board of things to consider in their review: that the fence is proposed in the same location of a current 4 foot fence, that a 4 foot fence could go all the way to the property line and not need a variance, with the current location a 6 foot tall fence does not appear to cause any visual impediment, and that the existing shed is under the threshold for requiring a permit, but all accessory buildings are still required to meet the setback lines and are not permitted within the front yard. The Board discussed their concerns with the possibility of heightened risk with a 6 foot fence blocking visibility to the pedestrian path for users of the path and vehicles, though ultimately agreed that the fence, if maintained in the current location, would not cause an elevated risk due to the distance between the roadway and the fence line. No board members raised concerns related to the accessory structure. Board Member Garcia moved to approve a variance from §165.15 of the Waukee Municipal Code to allow a 6 foot fence to be placed within the required front yard setback. The motion was seconded by Board Member Bisgard. Ayes: Garcia, Westberg, Johnson, and Bisgard. Nays: None. Motion carried. Board Member Garcia moved to approve a variance from §165.06 of the Waukee Municipal Code to allow an accessory structure to be placed within the required front yard setback. The motion was seconded by Board Member Johnson. Ayes: Garcia, Westberg, Johnson, and Bisgard. Nays: None. Motion carried. New Business Community Development Director, Andy Kass, advised that there are no new submittals at this time. Adjournment Board member Garcia moved to adjourn the meeting. The motion was seconded by board member Johnson. Ayes: Garcia, Westberg, Johnson, and Bisgard. Nays: None. Motion carried. The March, 23rd, 2023 Board of Adjustment Meeting was adjourned at 5:46 PM. _____________________________________ Juan Garcia, Chairman Attest: _____________________________________ Andy Kass, Planning Coordinator