The URL can be used to link to this page

Home My WebLink About2024-06-17 I01C BOA Minutes_06062024 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 17, 2024 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of June 6, 2024, meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on June 6, 2024, 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. 06/06/2024 Board of Adjustment Minutes PREPARED BY: Bill Mettee, Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1C The meefing was called to order at 5:30 PM by Chairperson Juan Garcia. Item 1: Roll Call: The following members were present: Cole Bisgard Juan Garcia Bryce Johnson Tanner Westberg Members not present: Emily Schultz City Staff Present: Melissa DeBoer, Planning Coordinator, Bill Meftee, Planner and Dawn Young, Development Services Specialist Item 2: Agenda Approval: The agenda for the June 6, 2024, meefing agenda was approved on a mofion by Bryce Johnson, seconded by Cole Bisgard. On voice vote, all ayes. Item 3: Approval of May 9, 2024, Meefing Minutes The minutes of the May 9, 2024, meefing were approved on a mofion by Tanner Westberg, seconded by Cole Bisgard. On voice vote, all ayes. Item 4: Consider a variance request from applicant Lutheran Church of Hope, 305 NE Dartmoor Drive (The Point Plat 1 Lot 1 Except Parcel A and Tract 17-160) Variance from 169.14 of the Waukee Municipal Code to permit an accessory structure that exceeds the 14-foot height maximum. Bill Meftee, City Planner, presented an outline of the project, as shown in the staff report. The subject property is located west of NE Westgate Drive and north of Hickman Road. The applicant is requesfing a variance to install a tower with a cross that is 52 feet in total height, classified as an accessory structure. In February 2024, the applicant sought a variance asking to install the tower with “HOPE” branding and classifying that as a monument sign. That variance applicafion was denied by a 2-1 vote with one recusal. At the May 9, 2024, meefing, the request showed the same height and design as previously shown, without the “HOPE” branding and was categorized as an accessory structure. This item was tabled to a future meefing due to lack of quorum (one board member recused themselves from the item) The current structure shows halo lighfing in the cross at the top of the structure. Halo lighfing is defined as having the effect created by backlighfing at least half the perimeter of an object, visually lifting it from its surroundings. The project architect defined it as LED washed light around the edges of the cross. The only other possible lighfing would be some ground lighfing in the planter area to wash those. There are no proposed bright up-lights. Discussion as follows: Board of Adjustment Meefing Minutes June 6, 2024 Diane Jeffries-Ladd, of Simonson & Associates, spoke and provided informafion that the images shown on the 3- D rendering is a limestone bench designed for seafing; she also provided informafion on the lighfing and clarified that it is a soft illuminafion of the cross, no up-lighfing; there may be a small amount of ground lighfing but would be no different than a residenfial type of lighfing Diane Jeffries-Ladd also provided informafion regarding the significance of using the structure as a way of acknowledging a merger of congregafions and shared that the height of the structure has already been altered; they are hesitant to shorten it further for fear of damaging it; she also clarified that the cross is the only piece of the structure that exceeds 40 feet General discussion of halo lighfing and, Diane confirmed it is not “super bright”, that it is a “soft light that will not go off property” Bill Meftee confirmed that no communicafion had been received from residents for the most recent mailing sent to residents 5/28/24 Brief discussion and review of city code Mofion from Juan Garcia to approve the variance from 169.14 of the Waukee Municipal Code to permit an accessory structure that exceeds the 14-foot-height maximum, to allow a 52’ structure, seconded by Tanner Westburg. On roll call vote, mofion carried: Roll Call: Bisgard: Recuse Garcia: Yes Johnson: Yes Westburg: Yes Item 5: Consider a variance request from applicant Jusfin and Tara Dodge, 500 Gray Avenue (500 Gray Avenue, Lot 55, Westgate) – variance from 165.15 (3) of the Waukee Municipal Code to permit a six-foot fence within the required 10- foot setback for double frontage lots. Bill Meftee, City Planner, presented an outline of the project, as shown in the staff report. The subject property address is 500 Gray Avenue, near the intersecfion of Gray Avenue and 6th Street. The applicant is requesfing a variance to allow a 6-foot-tall cedar wood fence on the property, which is a double frontage lot, as the rear of the property abuts 6th Street. The applicant proposes to construct the fence along the west property line within the required 10-foot setback. The fence would align with all the other fences that have been installed along 6th Street. Discussion as follows: Owner Tara Dodge provided informafion that they would like the fence to match with neighbor ’s fence line, and they are the last property to put up a fence; addifionally, they would like their privacy due to the busy street When asked by board members to describe the process of submifting the fence permit showing a site plan that was in compliance with City Code, but then placing the fence in an area that was outside of compliance, owner Jusfin Dodge commented that he placed the fence where he did because he was told by other city employees that no one inspects fences; he also shared that he is a city employee General discussion of surrounding fences, placement of intake/storm sewer that terminates in their yard; and how fence placement might impact drainage General discussion that fences are not permifted in landscape buffers and the fact that this neighborhood was plafted prior to landscape buffers being required Bill shared he had confirmed with the city’s Public Works Department that the city has adequate right of way space for any future development related to trails in this area General discussion of the “tunnel effect” and being cognizant of future board decisions Mofion by Juan Garcia to approve the variance from 165.15 (3) of Waukee Municipal Code to permit a six-foot fence within the required 10-foot setback for double frontage lots, seconded by Cole Bisgard. On roll call vote, mofion carried: Roll Call: Bisgard: Yes Garcia: Yes Johnson: Yes Westburg: Yes Item 7: New Business: Melissa DeBoer shared that new projects have slowed but we are anficipafing more after legislafive changes go into effect on July 1, 2024 General discussion of fence permifting procedures and potenfially changing city code to address those who circumvent the system and prevenfing the need for a board decision Item 8: Adjournment The meefing was adjourned on a mofion by Cole Bisgard, seconded by Tanner Westburg. The meefing adjourned at 5:57 PM. ________________________________ Juan Garcia, Chairperson Aftest: ________________________________ Bill Meftee, Planner