HomeMy WebLinkAbout2019-01-07-J01C 122018 BOA Minutes AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: January 7, 2018
AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 12/20/18
meeting
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from
their meeting held on December 20, 2018, 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. 12/20/18 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 December 20th, 2018 BOARD OF ADJUSTMENT MEETING
Call to Order. The December 20th, 2018 Board of Adjustment meeting was called to order at 5:30
P.M by Chairman Garcia.
Roll Call. The Chairman asked for a roll call and the following Board Members were present:
Meyers, Garcia, and Drees. Board Members Breckenridge and Irvin were absent. City Staff in
attendance: Brad Deets, Andy Kass, and Kathryn Purvis.
Agenda Approval. Board Member Drees made a motion, seconded by Board Member Myers, to
approve the agenda for December 20th, 2018. Ayes: Meyers, Garcia, and Drees. Nays: None.
Motion carried.
Approve the September 20th, 2018 Board of Adjustment Minutes. Board Member Drees
made a motion, seconded by Board Member Myers, to approve the Board of Adjustment meeting
minutes for September 20th, 2018 with an amendment to roll call. Ayes: Meyers, Garcia, and
Drees. Nays: None. Motion carried.
Application for 2572 W. Hickman Road- Variance from 301.8.M. to allow a fence height of
12 feet in lieu of the maximum allowed 8-feet in height.
Senior Planner Andy Kass, introduced the request made by the applicants, Apple, inc. and Mid-
American Energy. If approved, the request would allow for a fence 12 feet in height for a
proposed substation project. The subject area is generally located north of Hickman Road, and
west of T Avenue and contains approximately 24 acres.
The Applicants have stated that the substation is specific to the Data Center project and requires
security fencing to protect the critical infrastructure provided. The height of the fence is a
necessity according to the North American Electrical Reliability Corporation, among other
security measures. The Applicants have also stated that there would be no impact on surrounding
properties, and that no alternative design or means of security would allow for a lower fence.
Mr. Kass advised the Board that staff is, generally speaking, in a position to recommend against
variance requests as they do not meet the requirements of the Zoning Ordinance. In lieu of a
recommendation, Staff advises that the Board should take into consideration that the fence would
be interior to the data center project meaning little to no concerns regarding visibility, and that
the substation is serving a user that relies on security provided by the fence.
Member Drees questioned if there was a reason for the 8 foot maximum. Mr. Kass
advised that it is pretty common in most cities.
Member Drees questioned if there were any safety concerns with access into the property,
or means of emergency exit. Brian Shawd, a representative for MidAmerican Energy,
advised there are employee exits through the fences including a 30 foot drive entrance
and three 4-foot man gates as means of emergency access or exit.
Board Member Drees moved to approve a variance from 301.8.M. to allow for a fence height of
12-feet to exceed the maximum allowed 8-feet in height. Board member Myers seconded the
motion. Ayes: Meyers, Garcia, and Drees. Nays: None. Motion carried.
Application for 430 HWY 6, 400 HWY 6, 50 4th Street, 70 4th Street- Variance from
304.6.B.2.a. to allow for the expansion of a used car sales dealership that is not associated
with a new car dealership within the Arterial Overlay District.
Senior Planner, Andy Kass, introduced the request made by the applicants, Rich Willis, James &
Alyssa Englund, and Larry & Kimberly Stanley. If approved, the variance would allow the
extension of the preexisting used car dealership and auto body shop onto the adjoining properties
included in the request. At this time, the Arterial Overlay provisions within the Site Ordinance
prohibits used car sales along major corridors unless in conjunction with a new car facility in
order to preserve the aesthetic of the arterial corridors.
The applicants have stated that the existing dealership is an allowed use in the zoning district of
the properties save the corner lot. The subject lot was altered at the time that the DOT expanded
Hickman Road, effectively making the lot difficult or impossible to redevelop individually due to
set back requirements. The Applicants state that the result will be a rejuvenated commercial site
with better traffic flow and a professional display.
Mr. Kass advised the Board that staff is, generally speaking, in a position to recommend against
variance requests as they do not meet the requirements of the Zoning Ordinance. In lieu of a
recommendation, Staff advises that the Board should take into consideration that the request
allows the repurposing of a vacant property that would other-wise be difficult to redevelop, and
that the other three lots already meet the requirements to contain a used car dealership.
Member Myers asked for clarification that the used dealership has to physically be
attached to the new dealership. Mr. Kass advised that is correct based on a literal
interpretation of the Arterial Overlay.
Member Drees advised that the site plan is better than the current shape of the properties
and as the rest of the lots are preexisting uses, it is the corner lot that is the main issue. He
advised that, as there are no other uses similar to the current properties on hand, it is
fixing a problem “pocket” area, instead of setting a precedent. Board member Myers
agreed that the proposed elevations were an improvement to the current condition of the
lots.
Board member Myers questioned if there were any sidewalk improvements with the
project. Mr. Kass advised that it is possible, the site will have to develop just like any
other commercial site and that does include any necessary site improvements.
Board member Drees made a motion to approve a variance from 304.6.B.2.a. to allow for the
expansion of a used car sales dealership that is not associated with a new car dealership within
the Arterial Overlay district. Board member Meyers seconded the motion. Ayes: Meyers, Garcia,
and Drees. Nays: None. Motion carried.
Old Business
Senior Planner Andy Kass, informed the Board that the applicants of the last variance have been
issued a permit.
New Business
Senior Planner Andy Kass, advised the Board of 2 potential variances coming in January or
February.
Adjournment
Board Member Garcia moved to adjourn the meeting. The motion was seconded by Board
member Meyers. Ayes: Meyers, Garcia, and Drees. Nays: None. Motion carried.
The December 20th, 2018, Board of Adjustment Meeting was adjourned at 5:57 PM.
_____________________________________
Juan Garcia, Chairman
Attest:
_____________________________________
Andy Kass, Senior City Planner