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Home My WebLink About2024-08-05 I01C Receipt-File_BOA Minutes 07172024 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 17, 2024 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of July 17, 2024, meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on July 17, 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. 07/17/2024 Board of Adjustment Minutes PREPARED BY: Melissa DeBoer, Planning Coordinator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1C The meeting was called to order at 5:30 PM by Chairperson Juan Garcia. Item 1: Roll Call: The following members were present: Cole Bisgard Tanner Westburg Juan Garcia Bryce Johnson Members not present: Emily Schultz City Staff Present: Andy Kass, Community Development Director, Melissa DeBoer, Planning Coordinator, and Dawn Young, Development Services Specialist Item 2: Agenda Approval: The agenda for the July 17, 2024, meeting agenda was approved on a motion by Cole Bisgard, seconded by Bryce Johnson. On voice vote, all ayes. Item 3: Approval of June 6, 2024, Meeting Minutes The minutes of the June 6, 2024, meeting were approved on a motion by Cole Bisgard, seconded by Bryce Johnson. On voice vote, all ayes. Item 4: Application for 400 SE Tallgrass Lane (Lot 10 of Bluestem Plat 1) – Variance from §165.07 of the Waukee Municipal Code to permit an above ground swimming pool and associated deck to remain within the required front yard setback Melissa DeBoer, Planning Coordinator, introduced the request for a variance from 165.07 of the Waukee Municipal Code to allow for an above ground swimming pool and associated deck to remain within the front yard setback along SE Bluestem Drive. The subject property, located at the southwest corner of SE Tallgrass Lane and SE Bluestem Drive, has an existing single- family home and an unpermitted above ground pool and deck built on it, which are both non-compliant as they are located within the front yard setback. On May 7, 2024, the property owner submitted a permit application for an above-ground pool. On May 8, 2024, staff communicated to the applicant that swimming pools are not allowed within front yard setbacks and that unless the pool is proposed in a different location that meets our accessory structures ordinance, the permit will be denied. On June 10, 2024, it was brought to staff’s attention that the pool and deck was constructed within the front yard setback as originally proposed by the applicant. At this time, an email was sent out by our Code Compliance Officer to the applicant indicating the permit application process had not been completed and that the pool and deck was illegally built and should be removed or brought up to code before use. On June 12, 2024, staff had a conversation with the owner about the email received and the property owner indicated interest in applying for a variance. Board of Adjustment Meeting Minutes July 17, 2024 The applicants are now requesting a variance to allow the above ground swimming pool and associated deck to remain on the property within the front yard setback along SE Bluestem Drive. The applicants have provided a site plan showing the deck and pool being set back 12-feet from the existing fence along WE Bluestem Drive. Per the submitted site plan, the deck and fence have been constructed approximately 18-feet into the required 30-foot front yard setback along SE Bluestem Drive. Staff will not make a recommendation on the requested variance but has provided the following list of pertinent items and will aid the Board in making their decision: • The existing above ground pool and associated deck is in the secondary front yard of the lot along SE Bluestem Drive • The property owners applied for a pool permit and the permit was never approved due to the pool being proposed to be located within the front yard setback. • The property owners installed the pool and deck without an approved permit • The pool and deck sit approximately 18-feet into the required 30-foot front yard setback Discussion as follows: • Dan Adams, of 365 SE Red Fern Drive, joined the meeting via Zoom and stated he is a neighbor and had no comments but was simply interested in the outcome • State Representative Kenan Judge was in attendance to support the homeowner • Homeowner John Heilman, spoke and shared that he is a vet who suffers from PTSD; he submitted a permit for an above ground pool after consulting with (2) pool contractors who advised against an inground pool for this particular lot and began building the deck and pool, admitting he proceeded without a city issued permit because it was helpful for his PTSD • The homeowner also shared that he had checked with neighbors for any concerns such as visibility, etc. and had received positive feedback • General discussion of past variance requests; this particular request is new • General discussion of the home, existing covered deck, existing fence, verified that a fence permit was issued, and grade of the new deck (above grade) • Andy Kass provided information on next steps in the permitting process, dependent upon the request being approved or denied by the Board Motion from Juan Garcia to approve the variance from §165.07 of the Waukee Municipal Code related to 400 SE Tallgrass Lane (Lot 10 of Bluestem Plat 1) to allow an above ground swimming pool and associated deck to remain within the required front yard setback, seconded by Tanner Westburg. On roll call vote, motion was denied: Roll Call: Bisgard: No Garcia: No Johnson: No Westburg: No Andy Kass advised the homeowner to decide if he would like to pursue a pool permit for a different location or deconstruct and to contact Community Development. Item 5: Application for 2515 SE Florence Drive (Lot 18 of Kettlestone Ridge Plat 1) – Variance from §165.15 of the Waukee Municipal Code to allow a 5-foot-tall fence to remain within the required 15-foot front yard setback Melissa DeBoer, Planning Coordinator, introduced the request for a variance from 165.15 of the Waukee Municipal Code to allow for a 5-foot-tall, ornamental steel fence to be placed within the required 15-foot front yard setback. The subject property, located at the southeast corner of SE Tallgrass Lane and SE Florence Drive, has an existing single- family home and an in-ground swimming pool is in the process of being completed. In August 2023, the applicants requested a variance to place a 5-foot-tall ornamental steel fence within the required 20-foot front yard setback along SE Tallgrass Lane. The August 2023 variance request was denied by the Board of Adjustment. Since the initial variance request, the fence has been installed 10-feet back from the sidewalk (9-feet back from the property line) along SE Tallgrass Lane, which is non-compliant with the front yard requirement for fences greater than 4- feet in height. In Fall 2023, staff was directed by City Council to research corner lot fence regulations and present options for potential amendment to the Zoning Ordinance. After staff research and direction from the City Council, an amendment to the fence regulations for corner lots was approved by the City Council at their meeting on July 1, 2024. The amendment reduced the required setback within the secondary front yard for fences greater than 4-feet in height from 20-feet to 15- feet. The applicants are now requesting a variance to allow the 5-foot-tall ornamental steel fence to remain on the property placed within the required 15-foot front yard setback along SE Tallgrass Lane. Staff will not make a recommendation on the requested variance but has provided the following list of pertinent items and will aid the Board in making their decision: • The existing five-foot-tall fence is located in the secondary front yard of the lot along SE Tallgrass Lane • The property owners requested a variance for the same request on August 31, 2023, and the request was denied • Since the time that the original request was denied, the fence was installed, and the ordinance was amended to require a 15-foot setback (instead of 20-feet) for fences taller than 4-feet along secondary front yards for corner lots • A four-foot-tall fence could be installed within the required building setback all the way to the property line • The existing five-foot ornamental steel fence does not impede any traffic, line of sight vision or otherwise cause danger at the intersection • The neighbors directly to the east applied for a variance of the same nature and were granted the variance request at the same August 31, 2023, meeting that Brandon and Sandra Fast’s initial request was denied Discussion as follows: • Homeowner Brandon Fast presented to the Board, a separate presentation which summarized the information provided in the variance application and included photos to support their request for a variance • General discussion of the neighbor who had applied for a variance in August 2023 and was approved • General discussion of location of the fire pit as related to the setback Motion by Cole Bisgard to approve the Variance from §165.15(1) of the Waukee Municipal Code related to 2515 SE Florence Drive (Lot 18 of Kettlestone Ridge Plat 1) to allow a 5-foot-tall fence to be placed within the required 15-foot front yard setback, seconded by Bryce Johnson. On roll call vote, motion had a split decision: Roll Call: Bisgard: No Westburg: Yes Garcia: Yes Johnson: No Due to the split vote, Andy Kass advised the homeowners to let him know how they would like to proceed. If they would like to pursue the variance, another meeting would be set since we were missing one board member, or they could elect to lower the fence to be in compliance with City Code. A brief discussion of the vote last summer for the neighbor’s variance request took place, with Cole Bisgard sharing that his vote on that variance was based on negligence of the contractor. Item 6: New Business Andy Kass spoke on the following topics: • There is potential to schedule a future meeting for the split vote tonight • New legislation 7/1/2024 regarding virtual meetings; Andy confirmed this Board does meet those requirements Item 8: Adjournment The meeting was adjourned on a motion by Bryce Johnson, seconded by Tanner Westburg. The meeting adjourned at 6:15 PM. Follow-up to Item #5 for 2515 SE Florence Drive: After research on procedure and meeting with the City Attorney the day after the meeting, the 2-2 tie vote for Agenda Item #5 failed to pass because the motion to approve did not garner more than 50% support in favor of the request (at least 3 votes in favor are necessary). Therefore, a decision was made by the Board on the request and the property owners will need to comply with the City Code requirements. ________________________________ Juan Garcia, Chairperson Attest: ________________________________ Andy Kass, Community Development Director