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HomeMy WebLinkAbout2003-10-06-Resolutions 03-209_Liberty Park Mall - Vinyl SidingTHE CITY OF WAUKEE,lOW A RESOLUTION 03-209 APPROVING USE OF VINYL SIDING IN THE REHABBING OF THE BACK OF LIBERTY PARK MALL IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,Inman Investment Interest,owners of Liberty Park Mall,must correct existing structural deficiencies in the back wall of the Mall;AND, WHEREAS,various methods to repair the structural deficiencies are available to the owners;AND, WHEREAS,the long term solution accepted by the Liberty Park Town Homes Owners Association,Inc.and acceptable to the owners of the Liberty Park Mall is the installation of vinyl siding;AND, WHEREAS,vinyl siding can be used in those situations where P&Z and the Council agree that the use of vinyl siding would not detract from the physical appearance of the building (Ordinance No.2347)and would not lower the value of other buildings in the immediate vicinity of the Liberty Park Mall;AND, WHEREAS,four members of the Planning &Zoning Commission in its September 23, 2003 meeting approved use of vinyl siding in this instance as verified by an excerpt from the minutes of that meeting: 1 Open Forum.Bill Inman,co-owner of Liberty Park Mall,addressed the Commission.He explained that he had been in the process of adding vinyl siding to the rear elevation of the mall when he was stopped by the City and told that vinyl siding is not approved for buildings in a commercial district.The vinyl siding was intended to cover the cracking of the concrete block along the rear elevation.Mr.Inman read alond from a letter he received from the Liberty Park Townhome Association indicating their approval of the use of vinyl siding.Chad Weaver explained that Mr.Inman's request could conceivable go before City Council and that the Commission,as an advisory board, could render their opinions 011 the matter.However,he and Dennis Dowell were of the opinion that the matter needed to go before the Board of Adjustments.Becky Schuett read aloud from Waukee Municipal Code §301.29(C)to clarify the interpretation that the matter go before the Board of Adjustments.City Attorney Paul Huscher will be consulted as to how Mr.Inman should proceed with his appeal.Commissioners Hoifeldt,White and Steele stated that they did not have a problem with vinyl siding in this instance,but that the matter should go before the Board of Adjustments.Commissioner Schmidt stated that,as long as the Board of Adjustments or City Council approves the vinyl siding,he did not have an issue with its use in this instance.Commissioner Schmidt also explained his opinion that it could be difficult to enforce the City's ordinances if the Commission begins approving variances.Commissioner Korpanty abstained from giving his opinion on the matter,as he arrived late.I NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of October 2003 that it hereby approves the use of vinyl siding in the rehabbing of the back of Liberty Park Mall. Attest: ark J.Arentsen,.y Administrator/Clerk ROLL CALL VOTE Nicholas C.Gruber Donald L.Bailey,Jr. Bill Peard Mike Watts Darlene Stanton AYE X X NAY ABSENT X X X