HomeMy WebLinkAbout2023-07-10 J01C_02 Receipt-File_06292023 BOA Minutes AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 10, 2023
AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 06/29/2023
meeting
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from
their meeting held on June 29, 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. 06/29/2023 Board of Adjustment Minutes
PREPARED BY: Bill Mettee, Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1C2
City of Waukee | 230 West Hickman Road | Waukee, IA 50263 | 515-978-9533
www.waukee.org
BOARD OF ADJUSTMENT
MEETING MINUTES
JUNE 29, 2023
The meeting was called to order at 5:47pm by Chairperson Juan Garcia and on roll call
the following members were present:
Juan Garcia
Tanner Westberg
Emily Schultz
Members not present: Cole Bisgard and Bryce Johnson
Staff Present: Andy Kass, Community Development Director, Melissa DeBoer, Planning
Coordinator and Bill Mettee, Planner
Public Present: Sammui and Derek Nichols, Nicholas and Lisa Madenge, Abigail Hoekstra
(via Zoon), Aaron and Jessica Bennett (via Zoom) and Kirk Harris (via Zoom).
The agenda of the June 29, 2023 meeting was approved on a motion by Juan Garcia and
seconded by Tanner Westberg. On voice vote: All ayes.
The minutes of the March 23, 2023 meeting were approved on a motion by Tanner
Westberg and seconded by Juan Garcia. On voice vote: All ayes.
New Business:
Consider a variance request from Sammui and Derek Nichols at 1140 SE Bluegrass Circle
from Waukee Municipal Code §165.15 to permit the installation of a 6-foot fence in a
required front yard setback.
City Planner, Bill Mettee, presented an outline of the project, as shown in the staff report.
He stated that the applicant wished to install a 6-foot cedar fence in a portion of the front
yard facing SE Olson Drive, where a 4-foot fence is currently erected. He stated the
applicant was proposing to bring the fence into the property between 10-15-feet to
increase visibility and not cause decreased visibility.
Mr. Mettee stated that the neighbor across the street filed a similar application and it was
approved. Several months ago. The applicants had nothing more to add.
No members of the public spoke to this application.
Board Member Schultz asked if that variance application from the neighbor had been
approved. Mr. Mettee said that it was approved.
City of Waukee | 230 West Hickman Road | Waukee, IA 50263 | 515-978-9533
www.waukee.org
BOARD OF ADJUSTMENT
MEETING MINUTES
JUNE 29, 2023
Board Member Garcia asked if neighboring notices were mailed out and if staff had
received any correspondence. Mr. Mettee confirmed that neighbors within a 250-foot
radius received notices and staff had not received any correspondence for or against the
request.
Motion was made by Tanner Westberg to approve the rezoning. The motion was
seconded by Juan Garcia. On roll call: All ayes: Motion carries 3-0
Consider a variance request from Nicholas and Lisa Madenge at 2580 Avalon Drive from
Waukee Municipal Code §165.15 to permit the installation of a 6-foot fence in a required
front yard setback.
City Planner, Bill Mettee, presented an outline of the project, as shown in the staff report.
He stated that the applicant wished to install a 6-foot ornamental steel fence in a portion
of the front yard facing Ashler Drive. The applicant stated in his application that the fence
was proposed for additional safety for children and pets given the intersection of Ashler
Drive and Avalon Drive was busy, in particular with construction traffic because the
subdivision is not fully built out.
Mr. Mettee provided additional facts of the case, stating that where the fence would
meet the sidewalk was 75-feet from the intersection of sidewalks at the street corner,
noting that visibility would not be a concern, especially with an ornamental fence, as
opposed to wood.
Board Member Garcia asked if neighboring notices were mailed out and if staff had
received any correspondence. Mr. Mettee confirmed that neighbors within a 250-foot
radius received notices and staff had not received any correspondence for or against the
request.
No members of the public spoke to this application.
Motion was made by Juan Garcia to approve the variance. The motion was seconded by
Emily Schultz. On roll call: All ayes: Motion carries 3-0
Consider a variance request from Evergreen Homes at 2575 Knottingham Circle from
Waukee Municipal Code §165.15 to permit the installation of a 10-foot fence along the
rear property line.
Planning Coordinator, Melissa DeBoer presented the staff report, outlining the scope of the
project. She stated the purpose of the application was to install a 10-foot fence in a
portion of the rear year, abutting a property that is within Dallas County.
City of Waukee | 230 West Hickman Road | Waukee, IA 50263 | 515-978-9533
www.waukee.org
BOARD OF ADJUSTMENT
MEETING MINUTES
JUNE 29, 2023
The applicant wishes to install a section of fence along a portion of the rear property line
to provide screening from a property that has an abundance of cars, boats and storage
trailers on the property.
The applicant, Tom, representing Evergreen Homes was in attendance to speak on behalf
of the project. He stated that the home the company built has not been able to sell due
to the neighbor’s back yard. He mentioned that his realtor had spoken with the neighbor
about the property and the potential of moving the vehicles. To date, there has been no
movement. The applicant stated there are both operable and inoperable vehicles on site.
Members of the public on Zoom were given permission to speak on the proposal. The first
was Kirk Harris, who resides at 640 Belmont, who stated his opposition to the project. The
second was Jessica Bennett, who resided next door at 2580 Knottingham Circle. Ms.
Bennett stated she was also in opposition of the fence stating it would be an eyesore. She
stated that the neighbor’s property didn’t prevent them from purchasing the home. The
final member on Zoom was Abigail Hoekstra, who resides at 675 Belmont, also stating her
opposition to the fence.
Board Member Schultz asked those on Zoom to provide additional reasonings behind the
opposition, stating she was new to the Board and wanted more information.
Kirk asked what was to stop the neighbors from shifting the vehicles away from the fence,
if it was built, or what would prevent the applicant from installing this fence, if approved,
then asking for another variance I the future.
Board Member Westberg asked if 6-feet was considered. The applicant stated it wasn’t tall
enough to make a difference.
Community Development Director, Andy Kass, stated that the City has not received a
variance application for a fence this tall. The only example was a Mid-American Energy
fence for a substation at Morgan, and that was stipulated by the state or federal
government. Mr. Kass stated that HOA would dictate some of the fencing materials /
heights and that the covenants would need revised for this fence.
Motion was made in the affirmative by Juan Garcia to approve the variance. The motion
was seconded by Tanner Westberg. On roll call: All nays: Motion fails 3-0
Prior to adjournment, Planning Coordinator, Melissa DeBoer updated the Board on the
departure of Development Services Specialist, Kathryn Purvis, who accepted a planning
position in another community.
City of Waukee | 230 West Hickman Road | Waukee, IA 50263 | 515-978-9533
www.waukee.org
BOARD OF ADJUSTMENT
MEETING MINUTES
JUNE 29, 2023
The meeting was adjourned on a motion by Angie Tessau and seconded by Frank
Hoifeldt.
Meeting adjourned at 6:26pm.
________________________________ _______________________________
Juan Garcia, Chairperson Andy Kass, AICP, Community
Development Director