HomeMy WebLinkAbout2017-03-20-J01C 02162017_BOA Minutes AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 20, 2017
AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 2/16/17
meeting
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from
their meeting held on February 16, 2017 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. 2/16/17 Board of Adjustment Minutes
PREPARED BY: Andy Kass, Senior Planner
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
MINUTES OF THE FEBRUARY 16th, 2017 BOARD OF ADJUSTMENT MEETING
Call to Order. The February 16th, 2017 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: Myers,
Breckenridge, Drees, and Garcia. Absent: Irvin. City Staff in attendance: Andy Kass, Melissa
DeBoer and Kathryn Purvis. Applicants in attendance: Eric Johnson of Signarama, and Tim
Walpole of TSG Properties on a conference line.
Approve the February 16th, 2017 Agenda. Board Member Garcia made a motion, seconded by
Board Member Breckenridge, to approve the agenda for February 16th, 2017 with the amendment
of moving item 5 the election of officers to after item 6 the application for variance. Ayes:
Myers, Breckenridge, Drees, and Garcia. Nays: None. Motion carried.
Approve the June 1, 2016 Board of Adjustment Minutes. Board Member Garcia made a
motion, seconded by Board Member Myers, to approve the Board of Adjustment meeting
minutes for June 1, 2016. Ayes: Myers, Breckenridge, Drees, and Garcia. Nays: None. Motion
carried.
Application for 1135 SE Alice’s Road (Williams Pointe Plat 15 Lot 3) - 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 and more than one sign
per wall.
Planner Andy Kass explained that the subject property is located east of SE Alice’s Road
and north of SE University Avenue and is part of a multi-tenant building that was approved in
2016 and has recently been completed. Mr. Kass stated that the tenant occupying the south side
of the building, Greater Iowa Credit Union, submitted an application for signage on the south
facing wall that was not approved. The Applicant, TSG Properties Waukee, LLC who owns the
building, has requested a variance to allow for signs to be placed on a wall that does not front a
public street, and to allow for more than one sign per wall for a total of three wall signs.
The Applicants have noted that the lot is accessed by privately owned streets connected
to University Avenue, Brick Drive, and Alice’s Road. The private streets are open for public use
and they ( the Applicant ) are unaware of additional mixed use land developments with private
streets in Waukee as demonstrated by the site plan. The Applicants have noted that the variance
is requested to allow for building signage to face the private street allowing customers to see the
business from University Avenue. Mixed use developments that create additional developable
land without cost for installation, maintenance, or repair to the City are not provided the same
signage allowanced as buildings adjacent to public streets. The Applicants have noted that the
granting this variance and amending the sign code will allow the building to be marketed and
compete with non- mixed use development buildings.
Staff does not make recommendations with Variance Applications but will provide some
information to keep in mind. The sign ordinance does afford multi-tenant buildings that are not
oriented towards a street frontage to have wall signage on that side which faces a public street
frontage. Buildings in all developments whether access is provided off of private drives or from
public streets are subject to the contested regulations. Finally, when the lot in front of Lot 3 is
developed this signage will likely no longer be visible from SE University Avenue.
Board member Drees questioned if the drives surrounding the property are all private
drives, and if the board was to approve a variance if it would be transferred to new owners if the
time came that Greater Iowa Credit Union were to move. Mr. Kass advised that the east and
south drives are private, and that the variance would be for the location not the specific applicant,
which means a new tenant would be allowed the variance as well if it were approved.
Board member Garcia questioned if the applicant knew how long they (the applicant)
anticipated being in the current location. Tim Walpole of TSG Properties advised that Greater
Iowa Credit Union planned on being in the subject location for a minimum of 5 years and
assessing growth needs at that time. Mr. Walpole also advised that he was not aware that the
number of signs was part of the variance and would be fine to comply with the ordinance if they
were allowed to place signage on the south wall. Mr. Walpole also suggested that this was a
good time for the City to address the fact that blanket signage regulations might not adequately
cover projects such as this one when private streets make up most of the frontage of the
development.
Board member Drees questioned if there had been other sign variances granted in the
past. He mentioned the Kum and Go was granted a variance to have 3 signs on their building due
to proximity to main collector roads. Mr. Kass advised that the City, historically, did not have
many requests for sign variances.
Board member Breckenridge questioned if it was a hardship to not be able to place two
signs on the south side. He advised that he agreed that they did need something on that wall, but
thought that two might be excessive. Board Member Myers agreed, mentioning that he had a
problem with the request for two signs, not with the request of the location.
Eric Johnson of Signarama advised the Board that he interpreted the ordinance as two
signs per wall, and that the reason for needing a variance was to be able to place the signs on the
south facing wall. Mr. Johnson read a correspondence from City Staff that had notated the reason
for denying the permit application was the location, not the number of signs.
Tim Walpole advised that if they were allowed to have signage on the south side of the
building, he would be fine if they could only have one sign. With the applicant’s approval, Mr.
Kass re-read the request to strike the need for the variance from §305.8.B.3 of the Waukee
Municipal Code prohibiting a business from having more than two wall signs total and more than
one sign per wall.
Board member Drees read the amended motion to approve the variance from §305.8.B.1
of the Waukee Municipal Code to allow wall signage along the façade without public street
frontage. Board member Myers moved to approve the motion which was seconded by Board
member Garcia. Ayes: Myers, Breckenridge, Drees, and Garcia. Nays: None. Motion carried.
Election of Officers
Board member Myers made a motion, seconded by board member Breckenridge, to elect
Board member Doug Drees as Chairman of the Board and Board member Juan Garcia as Vice
President of the Board. Ayes: Myers, Breckenridge, Drees, and Garcia. Nays: None. Motion
carried.
Old Business
Senior planner Andy Kass advised that there was no carry over business to be addressed.
New Business
Senior Planner Andy Kass advised that there was no new business at this time. He did
advise the Board that they may see other sign variance requests as development occurs in this
area.
Adjournment
The meeting was called to adjournment by Board Member Myers at 6:15pm and seconded by
Board Member Garcia. Ayes: Myers, Breckenridge, Drees, and Garcia. Nays: None. Motion
carried.
_____________________________________
Doug Drees, Board of Adjustment Chairman
Attest:
_____________________________________
Andy Kass, Senior Planner