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HomeMy WebLinkAbout2018-10-01-J01C BOA Minutes_092018 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 1, 2018 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 09/20/18 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on September 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. 09/20/18 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 SEPTEMBER 20TH, 2018 BOARD OF ADJUSTMENT MEETING Call to Order. The September 20th, 2018 Board of Adjustment meeting was called to order at 5:43 P.M by Vice Chairman Denis Breckenridge. Roll Call. The Vice Chairman asked for a roll call and the following Board Members were present: Breckenridge, Meyers, and Drees. Board Members Garcia and Irvin were absent. City Staff in attendance: Melissa DeBoer, Andy Kass, and Kathryn Purvis. Agenda Approval. Board Member Myers made a motion, seconded by Board Member Drees, to approve the agenda for September 20th, 2018. Ayes: Breckenridge, Meyers, and Drees. Nays: None. Motion carried. Approve the August 9th, 2018 Board of Adjustment Minutes. Board Member Myers made a motion, seconded by Board Member Breckenridge, to approve the Board of Adjustment meeting minutes for August 9th, 2018 with an amendment to roll call. Ayes: Breckenridge, Meyers, and Drees. Nays: None. Motion carried. Application for 755 se Brentwood Drive ( Lot 27, Southfork Woods Plat 2)- Variance from 301.11.C. to allow for a front yard setback of 26.44 feet in lieu of the minimum required 30 feet and a rear yard setback of 29.75 feet in lieu of the minimum required 30 feet. City Planner, Andy Kass, introduced the request for a variance to residential setbacks made by the Applicants Joseph & Lori McCarty in order to build an addition to the existing home. The subject property is generally located east of SE Brentwood Drive and north of SE Timberline Drive. Notice of the proposed variance request was mailed to surrounding property owners within a 310 foot radius. No written correspondence against the requested variance has been received to date. The applicants have indicated that the way their home is situated on the property at an angle limits the addition potential within the setbacks that other property owners would be able to experience with a parallel situated home. The applicants also noted that the situation of the home on the lot was influenced by the topography of the area, and that the three large set backs on the property limit the options for a meaningful addition. The applicants have indicated that they have consulted with many professionals and other options to remain within the requirements, but to get the needed space to improve value and use, leads to the proposed request. The applicants not that the proposed addition should improve the overall appeal and value of the home and the overall value and appeal of the neighborhood. 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 would be maintaining 88% of the required front yard setback and 99% of the required side yard setback. The topography created the issue not the original build of the home. Mr. Kass also advised that aesthetic purposes are not usually grounds for a variance. Member Myers questioned how close the building would be to the sidewalk. Mr. Kass advised that as property lines generally start one foot behind the sidewalk, the largest encroachment into the easement ends 27.44 feet to the sidewalk edge. Member Drees advised that the request reminded him of a past granted request for side yard variances in order to construct a 3rd car garage. It brought the older home into a similar aesthetic with the rest of the neighborhood. He advised that as there isn’t a lot of intrusion into the easements he believed that a variance would allow the homeowners to get the most use of their land considering the topography and layout of the lot. Member Breckenridge made a note that he remembered the development of the area, and that the topography did create a challenge. Board Member Drees moved to approve a Variance from 301.11.C. to allow for a Variance from 301.11.C. to allow for a front yard setback of 26.44 feet in lieu of the minimum required 30 feet and a rear yard setback of 29.75 feet in lieu of the minimum required 30 feet. Board member Myers seconded the motion. Ayes: Breckenridge, Meyers, and Drees. Nays: None. Motion carried and the variance is approved. Old Business Mr. Kass advised there was no Old Business New Business Mr. Kass advised there may be a commercial setback variance request coming to the Board in the future. Adjournment Board Member Meyers moved to adjourn the meeting. The motion was seconded by Board member Drees. Ayes: Breckenridge, Myers, Drees. Nays: none. The September 20th, 2018, Board of Adjustment Meeting was adjourned at 6:03 PM. _____________________________________ Dennis Breckenridge, Vice- Chairman Attest: _____________________________________ Andy Kass, Senior City Planner