HomeMy WebLinkAbout2018-04-02-J01C Receipt, File_022218 BOA Minutes AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 2, 2018
AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 02/22/18
meeting
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from
their meeting held on February 22, 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. 02/22/18 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 FEBRUARY 22ND, 2018 BOARD OF ADJUSTMENT MEETING
Call to Order. The February 22nd, 2018 Board of Adjustment meeting was called to order at
5:30P.M by Chairman Doug Drees.
Roll Call. The Chair asked for a roll call and the following Board Members were present:
Breckenridge, Drees, and Garcia. Absent: Board Members Irvin and Myers. City Staff in
attendance: Melissa DeBoer, Andy Kass, and Kathryn Purvis. Applicants in attendance: Eric
Spears.
Approve the February 22nd, 2018 agenda. Board Member Garcia made a motion, seconded by
Board Member Breckenridge, to approve the agenda for February 22nd, 2018. Ayes:
Breckenridge, Drees, and Garcia. Nays: None. Motion carried.
Approve the November 30th, 2017 Board of Adjustment Minutes. Board Member
Breckenridge made a motion, seconded by Board Member Garcia, to approve the Board of
Adjustment meeting minutes for November 30th, 2017 with an amendment to roll call. Ayes:
Breckenridge, Drees, and Garcia. Nays: None. Motion carried.
Election of Chairman and Vice chairman for 2018
A motion by Board member Drees and second by Board member Garcia were made to elect
Board Member Garcia as the new Chairman, and Board member Breckenridge as the new Vice
Chairman. Ayes: Breckenridge, Drees, and Garcia. Nays: None. Motion carried.
Application for 1010 E. Hickman Road (Lot 4, Waukee market Place Plat 1) tenant space
1014 E. Hickman Road- Variance from 305.8.B.1. of the Waukee Municipal Code to allow
wall signage along a façade without public street frontage and a variance from 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 made by the applicant Hurd
Waukee, LLC, and the tenant of 1014 E Hickman Rd: Starbucks. Starbucks sign representatives
submitted a sign permit application in January 2018 for signage on the south and eat facing
walls. Those permits were not approved as they are not facing a public street and would total
more than 3 signs on the building. A notice of the proposed variance request was mailed to
surrounding property owners within a 310 foot radius on Monday, February 12th, 2018. To date
staff has not received correspondence for or against the variance.
The applicants have stated that allowing for additional signage will provide better visibility to
travelers resulting in a safer traffic flow, and help relieve congestion in the area as future
development continues to the south. The applicant has noted other businesses in the area that
have front and rear elevations (West Bank and Caribou Coffee).
Mr. Kass advised that generally staff would always be in the position of recommending against
variance requests as the request does not meet the Zoning Ordinance of which staff is obligated
to carry out. Therefore staff will leave the decision to the Board and provide the below
commentary to take into consideration. Buildings in all developments are subject to these
regulations. The applicant has not provided evidence to suggest an increase of value to adjacent
properties, or an improvement to traffic flow, with the additional signage. There is an approved
sign on the north elevation of the property, and the rear elevation signs for west bank and caribou
coffee were approved in staff error.
Board member Drees suggested that, based on a logic of statutes, in general signs on
public streets are for the safety of the general public. As long as neighboring comm ercial
doesn’t mind, he sees no problem with the variance.
Board member Garcia added that while signs are generally safe, he did not want to set a
precedent for too many signs.
Board Member Breckenridge questioned if there would be changes for this
developments access points with the updates to the intersection. Mr. Kass advised that
there would be a full access entrance south of this property with SE Laurel Street, and
another right in right out access possible. The current access to Hy-Vee will be turned
into a right in right out with the widening per the Department of Transportation.
Board member Drees questioned if Staff had any negative feedback from the previously
approved variances. Mr. Kass advised not at this time.
Eric Spears, a representative of the applicant, advised that it would provide good
visibility off of Alice’s Road, and noted that other locations, such as Burger King, also had
more than one sign facing private streets. Mr. Kass advised that Burger King exchanged
one of their public street signs to go on a private street. They are not allowed another
sign unless they take down the sign that boarders the private street.
Board member Breckenridge advised that he believed three signs would be in excess
and unnecessary for this location at this time.
Board member Garcia provided the suggestion that the Board approve one additional
sign and it becomes a business decision on where to place it.
Board member Breckenridge agreed with the suggestion adviseing that it is not to say
that with future development a true hardship won’t come up. At that time the Board
would accept to review a new application.
The motion has been adjusted and will read as follows:
The Board will approve a maximum of two wall signs for the applicant bringing the reques t
into compliance with the Municipal Code section 305.8.B.3, and will allow a variance from
305.8.B.1. of the Waukee Municipal Code to allow for signage along a non - public street
frontage.
Board member Garcia moved to approve the motion as adjusted. The motion was seconded by
Board member Breckenridge. Ayes: Breckenridge, Drees, and Garcia. Nays: None. Motion
carried.
Old Business-
Senior Planner Andy Kass advised there was no Old Business.
New Business-
Senior Planner Andy Kass advised there was no New Business.
Adjournment
Member Breckenridge moved to adjourn the meeting. The motion was seconded by member
Garcia. Ayes: Breckenridge, Drees, and Garcia. Nays: None. Motion carried.
The February 22nd, 2018, Board of Adjustment Meeting was adjourned at 6:12 PM.
_____________________________________
Doug Drees, Board of Adjustment Chairman
Attest:
_____________________________________
Andy Kass, Senior City Planner