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Home My WebLink About2026-05-18 I01C Receipt-File_BOA Minutes_04302026 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 18, 2026 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of April 30, 2026, meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on April 30, 2026, 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. 4/30/2026 Board of Adjustment Minutes PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1C The meeting was called to order at 5:30 PM by Chairperson Cole Bisgard. Item 1: Roll Call: The following members were present: Cole Bisgard Juan Garcia Dellan Llewellyn Pat Norton Members not present: Dan McAlpine City Staﬀ Present: Andy Kass, Community Development Director, and Dawn Young, Community Development Specialist Item 2: Agenda Approval: Motion by Juan Garcia to approve the agenda for April 30, 2026, seconded by Dan Llewellyn. On voice vote, all ayes. Item 3: Approval of April 3, 2025, Meeting Minutes: Motion by Cole Bisgard to approve the minutes of April 3, 2025, seconded by Juan Garcia. On voice vote, all ayes. Item 4: Election of Oﬃcers Motion by Juan Garcia to nominate Cole Bisgard as Chairman, and Juan Garcia as Vice-Chairman, seconded by Cole Bisgard. On voice vote, all ayes. Item 5: Application for 740 SE Whitetail Lane (Lot 12 of Windﬁeld II Plat 5) – Variance from §169.08 of the Waukee Municipal Code to allow a covered front porch addition to encroach approximately 3 feet into the required 30-foot front yard setback for a principal use. The subject property is located at the south end of SE Whitetail Lane. The existing use of the property is singlefamily residential. The existing home on the property was built in 2006. The owners are requesting a variance to allow for the construction of a covered porch onto the front of the house. The proposed covered porch would encroach approximately 3 feet into the required 30-foot front yard setback as required by §169.08 of the Waukee Municipal Code. The existing single-family dwelling meets all other code requirements including height and setback requirements Variances are designed to grant relief from the Ordinance, which if strictly enforced would result in practical diﬃculties to the property owner in making beneﬁcial use of the property allowed by the zoning ordinance. An applicant is required to prove that the practical diﬃculties faced are unique to the property at issue and not self-created and must also address that granting the variance will not signiﬁcantly alter the essential character of the surrounding neighborhood. Ryan and Cynthia Blackard, the property owners, have submitted the attached Board of Adjustment application form dated April 1, 2026, stating arguments in favor of the requested variance. Notice of the proposed variance request was mailed to surrounding property owners within a 310-foot radius on Monday, April 20, 2026. Notice of the hearing was published on Thursday, April 23, 2026. Staﬀ has not received any correspondence from Board of Adjustment Meeting Minutes April 30, 2026 surrounding property owners regarding this variance request. To prove that the practical diﬃculties faced are unique to the property at issue and not self-created. The applicant states the property is subject to special circumstances due to the presence of a permanently disabled resident requiring around the clock care. The full-width covered stoop is needed to promote a safe space for sitting and entering and exiting the home. The applicant has also indicated that without the variance the property cannot be reasonably adapted for safety and accessibility for the disabled resident. The applicant has indicated the unique circumstances are not self-created and due to the need to accommodate the physical disabilities of the resident. The applicant has noted that the granting of the variance will not have any adverse eﬀects to essential character of the neighborhood. They have also noted that granting the variance would allow the covered porch to be constructed as part of a broader exterior remodel to the existing home that is designed to be compatible with other homes in the area. The applicant has indicated that other properties in the area have covered porches and this proposed covered porch would not introduce a new use or intensify the existing use of the property. 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 an existing single-family residential use within an established neighborhood that is predominantly single-family. • The applicant is proposing to encroach 2.6 feet into the required 30-foot setback. • The requested setback would still meet 91% of the required setback. • The lot in question is located on a cul-de-sac which can make front additions to a home challenging due to the unique shape to the lot. • The existing home meets or exceeds all other bulk regulations of the R-2 district. • The presence of an existing sanitary sewer easement to the east of the home would prohibit the property owners from utilizing the area east of the house for a potentially code compliant porch addition. Discussion as follows: The homeowner/applicant, Ryan Blackard, was present and provided information that due to a recent injury their son spends most of his time at home and the added space is needed for his care The contractor, Omer Okic of Ultimate Exteriors, was present and shared information that the original stoop is already in the setback, and their request is extending what is already there General discussion of the lot shape and location in the cul-de-sac, and that the site plan for this project was amended to allow for the sanitary sewer easement located on the east side of the property Motion by Cole Bisgard to approve the Variance from §169.08 of the Waukee Municipal Code related to 740 SE Whitetail Lane (Lot 12 of Windﬁeld II Plat 5) to allow a covered front porch addition to encroach approximately 3 feet into the required 30-foot front yard setback for a principal use, seconded by Juan Garcia. One voice vote, all ayes. On roll call vote, motion was approved: Roll Call: Bisgard: Yes Garcia: Yes Llewellyn: Yes Norton: Yes Item 6: New Business Andy Kass spoke on the following: Staﬀ was expecting additional items on this agenda but other solutions were explored to successfully resolve those issues General discussion that the recent change to setback requirements to fences on corner lots has helped to reduce the number of requests Our new City Planner is scheduled to start May 11, 2026 General discussion of training opportunities for new board members Item 8: Adjournment: Motion by Cole Bisgard to adjourn the Board of Adjustment meeting for April 30, 2026, seconded by Juan Garcia. The meeting adjourned at 5:48 PM. ________________________________ Cole Bisgard, Chairperson Attest: ________________________________ Andy Kass, Community Development Director