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HomeMy WebLinkAbout2019-05-06-J01C Receipt, File_BOA Minutes_042519 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 6, 2019 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 04/25/19 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on April 25, 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. 04/25/19 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 April 25th, 2019 BOARD OF ADJUSTMENT MEETING Call to Order. The April 25th, 2019 Board of Adjustment meeting was called to order at 5:58 P.M by Vice Chairman Breckenridge. Roll Call. The following Board Members were present: Breckenridge, Irvin, and Drees. Board Members Myers and Garcia 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 Irvin, to approve the agenda for April 25th, 2019. Ayes: Breckenridge, Irvin, and Drees. Nays: None. Motion carried. Approve the March 28th, 2019 Board of Adjustment Minutes. Board Member Drees made a motion, seconded by Board Member Breckenridge, to approve the Board of Adjustment meeting minutes for March 28th, 2019. Ayes: Breckenridge, Irvin, and Drees. Nays: None. Motion carried. Application for 305 NE Wolfpack Drive (Lot 6, Corrected Fox Creek Estates Plat 6)- 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. City Planner, Melissa DeBoer, introduced the request as submitted by the applicants and homeowners, Nick and Caitlin Lashier. The request, if approved, would allow the applicants to install a 6 foot tall wooden privacy fence 15 feet into the required front yard setback along NE Dartmoor Drive. A notice of the proposed variance request was mailed to surrounding property owners within a 200 foot radius on Monday, April 15th, 2019. To date, staff has not received any correspondence for or against the variance. A neighbor of the applicants was present in support of the variance. Mrs. DeBoer advised that the applicants have noted that the rear portion of their lot slopes downward allowing for water to drain and that a fence would be located approximately 3 feet lower than the grade at the sidewalk. The applicants have noted that by requiring the 30 foot setback, it would remove approximately a third of their backyard from being inside the fenced-in area and that by using a 15 foot setback it would still allow for a 30 foot setback from the curb along NE Dartmoor Drive, and would not cause any visual obstructions. The Applicants have stated that the taller fence 15 feet into the setback would grant them the privacy and pet containment needed while still protecting the spirit of the ordinance to prevent these obstructions. 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: a six foot tall fence could be installed within the 30 foot set back of the property line, or a 4 foot fence could be installed to the property line to ensure that drivers and pedestrians can see on-coming traffic and pedestrians. Board member Breckenridge advised that the grade does seem steep enough to warrant the variance. Board member Drees advised that he is reminded of a past case along SE Olson Drive where, due to grade, the taller fence looked normal compared to a shorter fence, while promoting good personal safety. Board member Irvin advised that a home further down the street did not choose to extend to the sidewalk. The homeowner advised that they walked past the home in question and it was as if they didn’t own a fence at all, you were able to see right into the back yard from the sidewalk. Senior Planner, Andy Kass, supplied a staff comment stating that the area is near a dead-end, and hosts minimal traffic as opposed to the further south locations that are closer to the school. There are some 4 foot fences that, while allowable by City Ordinance, are hazardous due to placement and visibility. Given the location, this area does not pose as much of a concern for Staff as other locations to allow such a variance. 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 as currently submitted. Board member Breckenridge seconded the motion. Ayes: Breckenridge, Irvin, and Drees. Nays: None. Motion carried. Old Business There was no old business discussed. New Business Mrs. DeBoer advised that the Board would continue seeing more fence variances in the future. Adjournment Board Member Breckenridge moved to adjourn the meeting. The motion was seconded by Board member Drees. Ayes: Breckenridge, Irvin, and Drees. Nays: None. Motion carried. The April 25th, 2019, Board of Adjustment Meeting was adjourned at 6:15 PM. _____________________________________ Dennis Breckenridge, Vice-Chairman Attest: _____________________________________ Andy Kass, Senior City Planner