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HomeMy WebLinkAbout2019-04-15-J01C BOA Minutes_032819 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 15, 2019 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 03/28/19 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on March 28, 2019, 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. 03/28/19 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 28th, 2019 BOARD OF ADJUSTMENT MEETING Call to Order. The March 28th, 2019 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: Breckenridge, Garcia, and Drees. Board Members Myers and Irvin were absent. City Staff in attendance: Melissa DeBoer, Andy Kass, and Kathryn Purvis. Agenda Approval. Board Member Drees made a motion, seconded by Board Member Garcia, to approve the agenda for March 28th, 2019. Ayes: Breckenridge, Garcia, and Drees. Nays: None. Motion carried. Approve the December 20th, 2018 Board of Adjustment Minutes. Board Member Breckenridge made a motion, seconded by Board Member Drees, to approve the Board of Adjustment meeting minutes for December 20th, 2018 with an amendment to roll call. Ayes: Breckenridge, Garcia, and Drees. Nays: None. Motion carried. Election of Chairman and Vice Chairman for 2019 A motion by Board member Drees and second by Board member Breckenridge were made to elect Board Member Garcia as the new Chairman, and Board member Breckenridge as the new Vice Chairman. Ayes: Breckenridge, Garcia, and Drees. Nays: None. Motion carried. Application for 455 E. Hickman Road (Lot 1, Fridley Palms Plat 2) - Variance from section 305.8.B.1. of the Waukee municipal Code to allow wall signage along a façade without public street frontage and a Variance from section 305.8.B.3. of the Waukee Municipal Code which prohibits a business from having more than two wall signs. Senior Planner Andy Kass introduced the request for a variance for the applicant, Culver’s of Urbandale, that if approved would allow for additional wall signs on two sides of the building that do not face a public street. Mr. Kass advised that the building currently has a sign on the north and south sides of the building and a monument sign in the south east corner of the site. The applicant has indicated that they would suffer reduced square footage of signs otherwise allowed by code, thereby placing the business at an unfair competitive disadvantage as the construction of the building limits the size of the signs able to be erected. The applicant has also stated that the building was designed for urban integration, allowing for one modest sign on each side of the building, which is a unique feature. The applicant has also indicated that the buildings design enhances way finding and traffic flow with signs on all four sides. At this time the applicant has noted that they are unable to find alternatives. Mr. Kass advised that staff typically is in the position to recommend against variance requests as the request does not meet the requirements of the Zoning Ordinance of which staff is obligated to carry out. Instead, staff would make the following comments: all buildings in all commercial developments are subject to the contested regulations, there is no evidence provided that additional signs would improve traffic or wayfinding, the contention that a strict interpretation limits the amount of square footage allowed for this property compared to other properties is incorrect, and that aesthetics and corporate brand standards are not justification enough to warrant deviation from the Sign Ordinance. Board member Drees questioned what the property to the east would be zoned. Mr. Kass advised that it shares the same C-1b zoning. Board member Drees questioned if other cities allow for additional signage. Mr. Kass advised that the City of Clive has recently re-written their ordinance to allow the building signage based on maximum square feet only. Currently City Staff is working through the City of Waukee Ordinance but it will take time to get to. Board member Drees questioned if the surrounding property owners had any concerns. Mr. Kass advised that City staff had not received any correspondence for or against the signage. Board member Breckenridge commented that the design of the building is nice, but that he doesn’t know why the sign on the north side is really needed. Representative for the Applicant, Mark Russell of Springfield Sign, made a statement that the request comes from the design of the building sign bands being limited in size. The regulations are a national design as it is a franchise and very little can be changed. Mr. Russell advised his company does the signage for many Culvers and it is rare to have an issue with the signage. Mr. Russell also commented that no code fits every situation, that the establishment across the street has a sign not on a public street, and that there’s starting to be a shift where governmental regulations cannot impose building or aesthetic requirements that hinder a corporate identity or trademark. In response, staff notes that the burger king sign was allowed on the west side of the building in lieu of a sign on a public street as it faces the public parking. Board member Drees moved to approve the Variance from 305.8.B.1 of the Waukee Municipal Code related to 455 E. Hickman Road (Lot 1, Fridley Palms Plat 2) to allow wall signs to be placed on buildings walls that do not have street frontage. The motion was seconded by board member Breckenridge. Ayes: Breckenridge, Garcia, and Drees. Nays: None. Motion carried. Board member Drees moved to approve the Variance from 305.8.B.3 of the Waukee Municipal Code related to 455 E. Hickman Road (Lot 1, Fridley Palms Plat 2) to allow more than two wall signs. The motion was seconded by board member Garcia. Ayes: Breckenridge, Garcia, and Drees. Nays: None. Motion carried. Application for 1030 E. Hickman Rad (lot 5, Waukee Market Place Plat 1) - Variance from section 305.8.b.1 of the Waukee Municipal Code to allow wall signage along a façade without public street frontage. City Planner Melissa DeBoer introduced the request for a variance as made by the applicant, Aldi inc. if approved the variance would allow for a sign on the east side of the building, which does not have public street frontage. Mrs. DeBoer advised that currently the building does have an approved sign on the north façade. The applicant has indicated that the additional signage on the east elevation will allow patrons to easily locate, identify the store early enough to assist with alleviating confusion and congestion in what is anticipated to become a limited visibility site with future development. The applicant indicated that the limited visibility of the monument sign may not give vehicles wishing to enter the development adequate time to navigate to the correct lane, missing the entry point. Mrs. DeBoer advised that staff typically is in the position to recommend against variance requests as the request does not meet the requirements of the Zoning Ordinance of which staff is obligated to carry out. Instead, staff would make the following comments: all developments are subject to the contested regulations, the monument sign is shown perpendicular to Hickman Road on the site plan, and the board of adjustment did approve a sign not along a public street frontage for an existing business within the same development. Board member Drees questioned if there were future prospects for the corner lot. Mrs. DeBoer advised the lot is vacant at the moment, visibility would depend on the use of the site once developed. Representative for the applicant, Ryan Anderson, advised that the east signage is a betterment as travelers heading west will have to wind back through the entire development to reach the site if they are not given enough time to utilize the entrance off of SE Alice’s Road. The entrance is off set and not directly in the center of the store which is why the secondary sign is needed. Board member Drees moved to approve the Variance from 305.8.B.1 of the Waukee Municipal Code related to 1030 E. Hickman Road (lot 5, Waukee market Place Plat 1) to allow wall signs to be placed on buildings walls that do not have street frontage. The motion was seconded by board member Breckenridge. Ayes: Breckenridge, Garcia, and Drees. Nays: None. Motion carried. Application for 205 SE Trillium Drive ( Lot 14, Stone Prairie Plat 2) – Variance from section 301.8.m of the Waukee Municipal Code to allow a 6 foot tall fence to be placed within the required 30 foot front yard setback. Senior Planner Andy Kass introduced the request for a variance as submitted by the applicant Bruce and Kristi Van Laere, that if approved would allow for a 6 foot tall fence within the required 30 foot front yard setback. Mr. Kass advised that a fence is required in order to approve a permit for a pool on the property, and that the property is a corner lot subject to the 30 foot front yard requirements along SE Wildflower Drive and SE Trillium Drive. The applicants have advised that the physical circumstances of the lot mean that the allotted 4 foot fence would not provide the privacy or safety typically granted on a flat lot. Allowing a variance for a 60-inch fence installed 10 feet from the lot line will provide equal privacy that other lot owners enjoy. The applicants have also noted that the lot is unique in that the rear portion of their corner lot slopes downward from the side street lot line greater than most lots in the neighborhood with measurements of a four and a half foot drop between the lot line and the 30-foot required set back necessary to install a fence taller than 48 inches. The applicant has also indicated that moving the fence into the 30 foot setback would eliminate the use of the rear yard for a pool. Mr. Kass advised that staff typically is in the position to recommend against variance requests as the request does not meet the requirements of the Zoning Ordinance of which staff is obligated to carry out. Instead, staff would make the following comments: a four foot tall fence could be installed within the required building setback all the way to the property line, a taller fence could be installed if pushed back 30 feet from the property line, and that fences taller than 4- feet in height are prohibited within front yard setback areas for safety purposes to ensure that drivers and pedestrians can see on-coming traffic. Bruce Van Leare, the applicant, advised the board that the safety of the intersection was taken into consideration. With the slope between the sidewalk and the property, a taller fence doesn’t actually block the visibility any more than an allowed fence. The reason for the taller fence is also to insure safety and privacy for the new pool area. Board member Drees moved to approve the variance from section 301.8.m of the Waukee Municipal Code to allow a 6 foot tall fence to be placed within the required 30 foot front yard setback. The motion was seconded by board member Breckenridge. Ayes: Breckenridge, Garcia, and Drees. Nays: None. Motion carried. Old Business There was no old business discussed. New Business Mr. Kass advised that it was possible to continue seeing more sign variances in the future until the code revisions could be worked out. Adjournment Board Member Drees moved to adjourn the meeting. The motion was seconded by Board member Garcia. Ayes: Breckenridge, Garcia, and Drees. Nays: None. Motion carried. The March 28th, 2019, Board of Adjustment Meeting was adjourned at 6:25 PM. _____________________________________ Juan Garcia, Chairman Attest: _____________________________________ Andy Kass, Senior City Planner