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HomeMy WebLinkAbout2021-04-05-J01C Receipt-File_03252021 BOA Minutes AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 5, 2021 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 03/25/2021 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on March 25, 2021, 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. 03/25/2021 Board of Adjustment Minutes PREPARED BY: Andy Kass, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1C MINUTES OF THE MARCH 25TH, 2021 BOARD OF ADJUSTMENT MEETING Call to Order. The March 25th, 2021 Board of Adjustment meeting was called to order at 5:30 P.M. by Board Member Garcia. Roll Call. The following Board Members were present: Garcia, Johnson, Swoyer, and Bisgard. Board Member Breckenridge was absent. City Staff in attendance: Melissa DeBoer, Andy Kass, and Kathryn Purvis. Agenda Approval. Board Member Garcia made a motion, seconded by Board Member Bisgard, to approve the agenda for March 25th, 2021. Ayes: Garcia, Johnson, Swoyer, and Bisgard. Nays: None. Motion carried. Approve the November 19th, 2020 Board of Adjustment Minutes. Board Member Bisgard made a motion, seconded by Board Member Swoyer, to approve the Board of Adjustment meeting minutes for November 19th, 2020. Ayes: Garcia, Johnson, Swoyer, and Bisgard. Nays: None. Motion carried. Election of Chairman and Vice Chairman for 2021 A motion by Board member Bisgard and a second by Board member Swoyer were made to elect Board Member Garcia as continuing the role of Chairman, and Board member Bisgard as stepping into the role of Vice Chairman. Ayes: Garcia, Johnson, Swoyer, and Bisgard Nays: None. Motion carried. Application for 110 SE Crabapple Drive (Lot 53, Westgate Plat 2) – Variance from §165.14(3) of the Waukee Municipal Code to allow a 6 foot fence to be placed within the required 20 foot secondary front yard setback. Senior City Planner, Melissa DeBoer, introduced the request as submitted by the applicants and homeowner, Joel Schroeder. The request, if approved, would allow the applicants to replace a 6 foot tall wooden privacy fence within the required secondary front yard setback along Laurel Street. A notice of the proposed variance request was mailed to surrounding property owners within a 310 foot radius on Monday March 15th. To date staff has not received any correspondence for or against the variance. Mrs. DeBoer advised that the applicants have noted that the fence has existed in a location that now is identified as non-conforming since the house construction 21 years ago. To follow the current code and bring the fence into conformance would equate to losing approximately 25% of the applicants usable backyard space. The applicant has also noted that their lot is unique from the majority of corner lots around the city that only have 15 feet between the edge of the sidewalk closest to the property and road, where his lot has a distance of approximately 34 feet for the same area. This would technically be the same distance provided as the 20 foot side yard setback on any of the other lots, without moving his fence. Finally, the applicant advises that due to unique properties of his lot, meaning the distance between sidewalk edge and street, safety is not a concern. Instead replacing the old fencing further improves their neighborhood value. Mrs. DeBoer advised that staff does not make recommendations on variances, but went over the following factors for the Board to consider in making their decision: : the six foot tall fence would be located within the secondary front yard along Laurel Street, a six-foot tall fence is allowed to be installed on the property if it meets the required 20-foot setback, a four-foot fence could be installed within the required building setback all the way up to the property line, and that the existing fence is one that has been installed for an extended period of time and did have a permit issued for its construction.  The Applicant, Joel Schroeder, addressed the Board and advised that the replacement is necessary due to storm damage or else he would not be replacing it. By granting a variance, safety will not be compromised and would allow him to address the adverse effect the damaged fence is currently having on his neighbor’s fence.  Board Member Garcia clarified that Mr. Schroeder is just looking to replace the fence. Mr. Schroeder advised that is correct. The intent is to keep the same height and material, and location of the existing fence.  Board Member Johnson questioned if this truly required a variance, as it existed legally prior to the code adoption. Senior Planner Andy Kass, advised that while it is considered legally non-conforming in its current state, the full removal and replacement of the structure is subject to conform to the ordinances in place at the time of replacement, which is why the variance is required.  Board Member Bisgard questioned what is developing to the east of the property. Mr. Kass advised that there is commercial development to the east, and that Laurel was intended to be a collector street which is what has led to such a large right-of-way. The traffic caused by the commercial development in the present day is not anticipated to increase traffic on Laurel Street exponentially, and if the street was to be designed today, the right-of- way area would be smaller.  Board Member Johnson advised that he would deny a variance on the grounds that he did not think one was needed. Hardship isn’t really proven, and with a city approval in the past it is technically legal.  Board Member Bisgard advised that previous requests didn’t have the large set back caused by the right of way on this property. However, the additional 20 foot setback would cause undue hardship as it makes the set back on this property a total of 50 feet from the street where other corner lots need the setback to maintain a 30 foot setback, which already exists on this property.  Mr. Schroeder advised that if additional hardship is needed, by decreasing the size of the back yard, it also decreases potential value of the home and takes away a unique attribute of the property that gives it interest on the market considering that most backyards in the area are quite small. Board member Garcia moved to approve the Variance from section 165.14(3) of the Waukee Municipal Code to allow a 6 foot tall fence within the required 20 foot secondary front yard setback. Board member Bisgard seconded the motion. Ayes: Swoyer, Garcia and Bisgard. Nays: Johnson. Motion carried. New Business Senior planner Andy Kass advised that there are no new submittals at this time. Adjournment Board member Garcia moved to adjourn the meeting. The motion was seconded by board member Breckenridge. Ayes: Breckenridge, Meyers, Garcia and Bisgard. Nays: None. Motion carried. The March 25th, 2021 Board of Adjustment Meeting was adjourned at 6:01 PM. _____________________________________ Juan Garcia, Chairman Attest: _____________________________________ Andy Kass, Senior City Planner