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Home My WebLink About2025-04-07 I01C Receipt-File_Board of Adjustment Minutes 04032025 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 7, 2025 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of April 3, 2025, meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on April 3, 2025, 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. 4/3/2025 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 Dan McAlpine Juan Garcia Dellan Llewellyn Bryce Johnson Members not present: None City Staff Present: Melissa DeBoer, Planning Coordinator, Elizabeth Cramblet, City Planner, and Dawn Young, Community Development Specialist Item 2: Agenda Approval: Motion by Bryce Johnson to approve the agenda for the April 3, 2025, seconded by Dan McAlpine. On voice vote, all ayes. Item 3: Approval of December 5, 2024, Meeting Minutes: Motion by Dan McAlpine to approve the minutes of December 5, 2024, meeting minutes, seconded by Bryce Johnson. On voice vote, all ayes. Item 4: Election of Officers Motion by Juan Garcia to nominate Cole Bisgard as Chairman, and Bryce Johnson as Vice-Chairman, seconded by Cole Bisgard. On voice vote, all ayes. Item 5: Application for 629 NW Little Walnut Creek Drive (Lot 2 of Milo’s Ridge) – Variance from §165.06 of the Waukee Municipal Code to allow an accessory building to encroach no more than 10 feet into the required 35-foot front yard setback for accessory buildings Elizabeth Cramblet, City Planner, introduced the request for approval to allow an accessory building in a front yard. The subject property is located at the north side of NW Little Walnut Creek Drive. There is a single-family dwelling with a detached shed west of the main dwelling. The applicant is preparing to demolish the existing shed and construct a new accessory structure west of the main house, within the front yard setback area. Additionally, they have future plans to install a pool where the existing shed is located. The new accessory structure would be located in front of the pool. The owner requests a variance to allow the accessory structure to be located within the front yard setback area west of the existing main dwelling. The minimum front yard depth for accessory structures is 35 feet from the front property line. The applicant is proposing to construct the accessory structure approximately 25 feet from the front property line. The proposed structure will be 26 feet wide and 28 feet deep, and measure approximately 728 square feet in size with a height of approximately 13 feet, four inches from grade. The structure meets all other code requirements, including height and side setback requirements. Board of Adjustment Meeting Minutes April 3, 2025 Notice of the proposed variance request was mailed to surrounding property owners within a 310-foot radius on Friday, March 21, 2025. The applicant has noted that strict adherence to the accessory building location requirements would not allow him to construct the building on his lot due to the steep incline directly behind his house which is unusable. Additionally, due to the steep hill, the owners were required to locate a septic tank on the east side of the house, leaving only the west side as the only available spot for an accessory building. The applicant has also noted that granting the variance will not have any adverse effects to the public interest or overall neighborhood integrity. They have also noted that allowing a new building will improve property value and curb appeal. Generally speaking, staff would always be in the position of recommending against variance requests because the request does not meet the requirements of the Zoning Ordinance of which staff is obligated to carry out. Because of that, staff will not make a recommendation on the requested variance and will leave the decision to the Board of Adjustment based upon the merits and criteria of the requested variance. In lieu of making a recommendation, staff will provide the following list of items that staff feels are pertinent to the request and will aid the Board in making their decision: • The property is developed with a single-family residence • The applicant is proposing to construct an accessory building within the front yard • The area of the lot in question is approximately one acre in size; however, the area behind the residence is heavily sloped, reducing the area to construct accessory buildings • The lot in question meets or exceeds all other bulk regulations of the A-R district • All homes with accessory structures within the surrounding neighborhood, as well as the rest of the City of Waukee, are held to the same requirements Discussion as follows: • Confirmation that no one had responded to the notifications that were sent out • General discussion of the neighborhood and observations that similar structures exist in that area • The owner, Matt McAtee, spoke and reiterated the information presented in the packet that was distributed to the Board of Adjustment members • General discussion of possibly adding a structure such as a breezeway or pergola that attaches to the home, which would not require a variance if the structures were attached to the main dwelling; homeowner was not in favor of that suggestion, and it was determined we would move forward with the variance request as presented • General discussion of an approximately 24-foot round pool that will be installed, including a privacy fence, with that permit application to be submitted at a later date Motion by Juan Garcia to approve the Variance from §165.06 of the Waukee Municipal Code related to 629 NW Little Walnut Creek Drive (Lot 2 of Milo’s Ridge) to allow an accessory building to encroach no more than 10 feet into the required 35-foot front yard setback for accessory buildings, seconded by Cole Bisgard. On voice vote, all ayes. On roll call vote, motion was approved: Roll Call: Bisgard: Yes McAlpine: Yes Garcia: Yes Llewellyn: Yes Johnson: Yes Item 6: Application for 130 NW Wilder Court (Lot 9 of Castle Ranch Plat 1) – Variance from §169.07 of the Waukee Municipal Code to allow a covered patio in the rear of a newly constructed dwelling to encroach 1 foot into the rear yard setback Elizabeth Cramblet, City Planner, introduced the request for approval to allow a covered patio to encroach into a rear yard setback. The subject property is located on the south side of NW Wilder Court. The site is currently being developed with a single-family dwelling. Upon recent inspection it was found that the footings for the rear covered patio are encroaching approximately one foot into the rear yard setback. The minimum rear yard setback for the primary dwelling is currently (30) thirty feet from the rear property line. The owners are requesting a variance to allow the covered patio to encroach one foot into the rear yard setback. The proposed single-family dwelling meets all other code requirements. Notice of the proposed variance request was mailed to surrounding property owners within a 310-foot radius on Friday, March 21, 2025. The applicant has noted that the hardship arose from a minor miscalculation during foundation placement. Strict interpretation of the ordinance would require costly structural changes that would interfere with the intent of the covered patio being viewable from the great room. Removing the encroachment is not a simple fix. It would require tearing out and rebuilding the foundation wall that supports the back of the covered patio, along with redoing the trusses. The applicant has noted that granting of the variance will not have any adverse effects to the public interest or overall neighborhood integrity. It does not create safety risks, reduce property values, or alter neighborhood character. Granting the variance simply corrects a minor placement error without harming public interest. Generally speaking, staff would always be in the position of recommending against variance requests because the request does not meet the requirements of the Zoning Ordinance of which staff is obligated to carry out. Because of that, staff will not make a recommendation on the requested variance and will leave the decision to the Board of Adjustment based upon the merits and criteria of the requested variance. In lieu of making a recommendation, staff will provide the following list of items that staff feels are pertinent to the request and will aid the Board in making their decision: • Construction of the single-family dwelling has already begun • The applicant is proposing to finish construction where the rear covered patio is encroaching approximately one foot into the rear yard setback • The area of the lot in question is approximately .39 acres in size • The lot in question meets or exceeds all other bulk regulations of the R-1 district including lot depth and lot width • All homes within this neighborhood, as well as across the rest of the City of Waukee, are held to the same requirements Discussion as follows: • DJ Schad of Destination Homes, 2540 73rd St., Urbandale, IA addressed the group and identified himself as the builder and gave a description of the portion of the structure that is affected by the variance request • Confirmation from staff that no responses had been received from the notifications that were sent out • General discussion of the zoning directly behind this lot which is A-1 Agricultural District • Roger Zurasky, of 115 NW Wilder Ct, spoke in support of the variance Motion by Juan Garcia to approve the Variance from §169.07 of the Waukee Municipal Code related to 130 NW Wilder Court (Lot 9 of Castle Ranch Plat 1) to allow a covered patio in the rear of a newly constructed dwelling to encroach 1 foot into the rear yard setback, seconded by Bryce Johnson. On voice vote, all ayes. On roll call vote, motion was approved: Roll Call: Bisgard: Yes McAlpine: Yes Garcia: Yes Llewellyn: Yes Johnson: Yes Item 7: New Business: None Item 8: Adjournment: Motion by Cole Bisgard to adjourn the Board of Adjustment meeting for April 3, 2025, seconded by Bryce Johnson. The meeting adjourned at 5:58 PM. ________________________________ Juan Garcia, Chairperson Attest: ________________________________ Melissa DeBoer, Planning Coordinator