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HomeMy WebLinkAbout2026-07-20 I01C_01 Receipt-File_BOA Minutes_07012026 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 20, 2026 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of July 1, 2026, meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on July 1, 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. 7/1/2026 Board of Adjustment Minutes PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1C1 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 Pat Norton Members not present: Dellan Llewellyn City Staff Present: Andy Kass, Community Development Director, Melissa DeBoer, Planning Coordinator, and Carla Hasstedt, City Planner. Item 2: Agenda Approval: Motion by Juan Garcia to approve the agenda for July 1, 2026, seconded by Patrick Norton. On voice vote, all ayes. Item 3: Approval of April 30, 2026, Meeting Minutes: Motion by Cole Bisgard to approve the minutes of April 30, 2026, seconded by Juan Garcia. On voice vote, all ayes. Item 4: Application for 1855 SE Greentree Drive (Lot 8 of Hemingway Plat 1) – Variance from §165.15(4) of the Waukee Municipal Code to allow a fence greater than 4-feet in height to encroach into the required 15-foot setback on a secondary front yard of a corner lot. Andy Kass, Community Development Director, introduced the request. The subject property is located south of SE Pleasant View Drive and east of SE Greentree Drive. The existing use of the property is single-family residential. The existing home on the property was built in 2006. The owners are requesting a variance to allow for a fence greater than 4-feet in height to encroach into the required 15- foot setback within a secondary front yard for a corner lot. The proposed 6-foot fence would encroach 10-feet into the required setback and maintain a 5-foot setback from the north property line. 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. Connor and Katelyn Schmitt, the property owners, have submitted the attached Board of Adjustment application form dated May 31, 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 Friday, June 19, 2026. Notice of the hearing was published on Thursday, June 18, 2026. Staff has not received any correspondence from surrounding property owners regarding this variance request. The applicant states the property is subject to special circumstances due to the presence of a neighborhood gateway sign and landscaped area located at the northeast corner of their property that was installed by the developer of the Board of Adjustment Meeting Minutes July 1, 2026 subdivision. The existing sign and landscaping removes 744 square feet from typical use and shifts the functional corner of the lot away from the actual property corner. The proposed fence would terminate 31 feet from the stop sign at the intersection of SE Pleasant View Drive and SE L.A. Grant Parkway. The configuration is unique to this lot and not others in the area. In addition, the applicant has indicated that strict application of the ordinance prevents them from reasonable use of the lot and privacy protections that other properties are afforded. The applicant has noted that the granting of the variance will not have any adverse effects to essential character of the neighborhood. The proposed fence would provide safety and security for their property, will be placed beyond the intersection sight lines, and the proposed fence is similar to other fences in the neighborhood. The applicants have also indicated that they have had objects thrown into their yard from pedestrians and that the fence will help prevent that safety issue from occurring. 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 not proposing to extend the fence all the way to the north property line and will maintain a 5-foot setback from the north property line. • The requested setback would still meet 33% of the required setback. • The developer of the Hemingway Subdivision installed the landscaping and entry sign prior to the Schmitt’s owning the property. • The existing home meets or exceeds all other bulk regulations of the R-2 district. • The location of the proposed fence is outside of the visibility triangle that is required to be maintained on corner lots. • The presence of an existing landscape buffer easement to the east would prevent them from expanding the fence further to the east. Discussion as follows: • Applicants Connor and Katelyn Schmitt were present and advised they would like to make improvements based on their location along a busy street, lots of pedestrians, would like a barrier for their children and pets, plan to stay long term • General discussion of city awareness of the project, staff advised city staff had noticed it while driving by • Applicants were advised by a contractor they didn’t need a fence permit since there was an existing fence • General discussion of permit requests and code regulations (Andy) Motion by Cole Bisgard to Approve the Variance from §165.15(4) of the Waukee Municipal Code related to 1855 SE Greentree Drive (Lot 8 of Hemingway Plat 1) to allow a 6-foot-tall fence with a 5-foot setback to be placed within the required 15-foot secondary front yard setback on a corner lot, seconded by Juan Garcia. On roll call vote, motion was denied. Roll Call: Bisgard: No Garcia: Yes Norton: Yes Items 5, 6: Application for 1855 SE Greentree Drive (Lot 8 of Hemingway Plat 1) – Variance from §165.06(2)A of the Waukee Municipal Code to allow an accessory building to be constructed within a front yard, and Application for 1855 SE Greentree Drive (Lot 8 of Hemingway Plat 1) – Variance from §165.06(3)B of the Waukee Municipal Code to allow an accessory building to be constructed within a front yard setback on a corner lot. The subject property is located south of SE Pleasant View Drive and east of SE Greentree Drive. The existing use of the property is single-family residential. The existing home on the property was built in 2006. The owners are requesting a variance to allow for a 120 square foot shed to be placed within a front yard of a corner lot. The Zoning Ordinance prohibits accessory buildings to be placed within a front yard and also specifies that on corner lots, accessory buildings shall be restricted to the building setback lines shown on the approved final plat. 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. Connor and Katelyn Schmitt, the property owners, have submitted the attached Board of Adjustment application form dated May 31, 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 Friday, June 19, 2026. Notice of the hearing was published on Thursday, June 18, 2026. Staff has not received any correspondence from surrounding property owners regarding this variance request. In order 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 neighborhood gateway sign and landscaped area located at the northeast corner of their property that was installed by the developer of the subdivision. The existing sign and landscaping removes 744 square feet from typical use and shifts the functional corner of the lot away from the actual property corner. The configuration is unique to this lot and not others in the area. In addition, the applicant has indicated that strict application of the ordinance prevents them from reasonable use of the lot that other properties are afforded due to the nature of having two front yards. The proposed shed is smaller than the existing landscape features on the property and will not create a visual impediment. The applicant has noted that the granting of the variance will not have any adverse effects to essential character of the neighborhood. The proposed shed will be located 37.5 feet from the east property line and 13-feet from the north property line. The shed will be placed outside of sight lines and is similar in nature to existing sheds in the neighborhood. 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 maintain a 13-foot setback from the north property line and is outside of the rear yard setback. • The requested setback would still meet 43% of the required setback. • The developer of the Hemingway Subdivision installed the landscaping and entry sign prior to Schmitt’s owning the property. • The existing home meets or exceeds all other bulk regulations of the R-2 district. • The location of the proposed shed is outside of the visibility triangle that is required to be maintained on corner lots. • The presence of an existing landscape buffer easement to the east would prevent the property owners from having additional area of useable space for accessory buildings. Discussion as follows: • Staff confirmed shed height was less than 14 feet • General discussion of what constitutes an accessory structure • Applicant Katelyn Schmitt was present and spoke on their reasons for wanting a shed Motion by Cole Bisgard to Approve the Variance from §165.06(2)A of the Waukee Municipal Code to allow an accessory building to be constructed within a front yard with a setback of 13-feet in lieu of the required 30-feet, seconded by Juan Garcia. On roll call vote, motion was denied. Roll Call: Bisgard: No Garcia: Yes Norton: Yes Motion by Cole Bisgard to Approve the Variance from §165.06(3)B of the Waukee Municipal Code to allow an accessory building to be constructed within a front yard setback on a corner lot with a setback of 13-feet in lieu of the required 30- feet, seconded by Juan Garcia. One voice vote, all ayes. On roll call vote, motion was denied: Roll Call: Bisgard: No Garcia: Yes Norton: Yes Additional Discussion as follows: • General discussion on why board members voted the way they did • Applicants asked about reapplying/next steps; Andy Kass will follow up Item 6: New Business Andy Kass spoke on the following: • Board members were advised there may be another meeting in July Item 8: Adjournment: Motion by Cole Bisgard to adjourn the Board of Adjustment meeting for July 1, 2026, seconded by Juan Garcia. On voice vote, all ayes. The meeting adjourned at 6:09 PM. ________________________________ Cole Bisgard, Chairperson Attest: ________________________________ Andy Kass, Community Development Director