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HomeMy WebLinkAbout2020-12-07-J01C Receipt-File_BOA Minutes_111920 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 7, 2020 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 11/19/2020 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on November 19, 2020, 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. 11/19/2020 Board of Adjustment Minutes PREPARED BY: Melissa DeBoer, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1C MINUTES OF THE NOVEMBER 19TH, 2020 BOARD OF ADJUSTMENT MEETING Due to public health concerns, it was impractical to meet in person. This meeting was conducted remotely via Zoom. Call to Order. The November 19th, 2020 Board of Adjustment meeting was called to order at 5:32 P.M. by Chairman Garcia. Roll Call. The following Board Members were present: Breckenridge, Garcia and Bisgard. Board members Myers and Drees were absent. City Staff in attendance: Andy Kass and Melissa DeBoer. Agenda Approval. Board Member Breckenridge made a motion, seconded by Board Member Bisgard, to approve the agenda for November 19th, 2020. Ayes: Garcia, Breckenridge and Bisgard. Nays: None. Motion carried. Approve the September 17th, 2020 Board of Adjustment Minutes. Board Member Breckenridge made a motion, seconded by Board Member Bisgard, to approve the Board of Adjustment meeting minutes for September 17th, 2020. Ayes: Garcia, Breckenridge and Bisgard. Nays: None. Motion carried. Application for 16180 SE Laurel Street (Lot 4, Hickman West Industrial Park Plat 1) - Variance from 169.27(3) of the Waukee Municipal Code to allow for a structure to be located within the required front yard setback. Senior Planner, Melissa DeBoer, introduced the request for a variance as submitted by the applicant, Home Solutions of Iowa. The Variance, if approved, would allow the construction of a structure within the required 30-foot front yard setback. The subject property is generally located east of SE Alice’s Road and south of SE Laurel Street. A notice of the proposed variance request was mailed to surrounding property owners within a 310-foot radius and no correspondence for or against the request was received. Ms. DeBoer advised that the applicant has stated that the egress garage door on the north side of the building allows water to leak into the building. They have also noted that their neighbor to the west has a structure extending off their north side into the front yard setback. The applicant has also noted that unless something is done, water will continue to come into the building through the garage door due to the existing grading of the patio and due to winds. The applicant has noted that the proposed project will not be contrary to the public interest or overall neighborhood integrity. The applicant has stated that by adding the structure they will be protecting their building from further damage and also help in protecting the public. Ms. DeBoer advised that City Staff does not make recommendations in the case of a variance, but offered a few notes for the Board to keep in mind. The proposed structure would be approximately 12.5-feet into the required front yard setback and the proposed structure is approximately 196 square feet in area. In talking with City of Waukee Building Official, Keith Rash, the applicant could look at a couple other options including re-grading the area in order to provide a slope to drain water away from the foundation or they could get rid of the garage door opening. Board Member Garcia questioned if the applicant was in attendance. Ms. DeBoer indicated that they were not, but were notified of the meeting. Board Member Bisgard questioned where the existing building was in relation to the setback line. Ms. DeBoer indicated that it was at the setback line. Board Member Garcia questioned how the structure on the property to the west was constructed without a variance. Ms. DeBoer explained that is was likely constructed without a permit. Board Member Breckenridge questioned what the purpose of the existing overhead door was and why they would need to encroach that far into the setback if all they are wanting to do is prevent water from getting into the building. Senior Planner, Andy Kass, explained that the overhead door is an existing feature from when a previous business occupied the building that utilized the patio in front of the building and the door to showcase the work and products that it offered. Board Members Breckenridge and Bisgard both commented that if water getting into the building is a concern, there are other ways to address it without granting a variance to encroach into nearly half of the front setback. Board Member Garcia commented that he would be more comfortable granting a variance that would not encroach so far into the setback. Board Member Garcia suggested that they could condition the motion to allow only a specific encroachment. Mr. Kass indicated that the Board has the authority to impose special conditions, however, without the applicant present to either accept or reject a special condition it would not be advisable to impose such condition. Mr. Kass indicated that the Board could either table a decision on the request until a later date when the applicant could be present or they could move forward with the request as presented. Board Member Breckenridge indicated that he preferred to move forward with the request as presented and not table the decision. Board Members Garcia and Bisgard agreed. Board Member Garcia moved approval of the request, Board Member Breckenridge seconded the motion: Roll call: Garcia NO, Breckenridge NO, Bisgard NO. Motion Failed. New Business No new business. Adjournment Board member Breckenridge moved to adjourn the meeting. The motion was seconded by board member Bisgard. Ayes: Garcia, Breckenridge and Bisgard. Nays: None. Motion carried. The November 19th, 2020 Board of Adjustment Meeting was adjourned at 5:52 PM. _____________________________________ Juan Garcia, Chairman Attest: _____________________________________ Andy Kass, Senior City Planner