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HomeMy WebLinkAbout2017-07-10-J01C Receipt-File_BOA Minutes 06082017 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 10, 2017 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 6/8/17 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on June 8, 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. 6/8/17 Board of Adjustment Minutes PREPARED BY: Andy Kass, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: MINUTES OF THE JUNE 8TH, 2017 BOARD OF ADJUSTMENT MEETING Call to Order. The June 8th, 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: Breckenridge, Irvin, Drees, and Garcia. Absent: Board Member Meyers. City Staff in attendance: Melissa DeBoer, Andy Kass, and Kathryn Purvis. Applicants in attendance: Elkes Shenoudh Bsta and Gihan Thalab. Approve the June 8th, 2017 Agenda. Board Member Garcia made a motion, seconded by Board Member Irvin, to approve the agenda for June 8th, 2017. Ayes: Breckenridge, Irvin, Drees, and Garcia. Nays: None. Motion carried. Approve the May 4th, 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 May 4th, 2017 as written. Ayes: Breckenridge, Irvin, Drees, and Garcia. Nays: None. Motion carried. Application for 500 NE Bobcat Court ( The Landing at Shadow Creek Plat 2 lot 50) – Variance from 301.8 (M) of the Waukee Municipal Code to allow a 6 foot tall fence to be placed within the required 30 foot Building Set Back Line. City Planner Melissa DeBoer introduced the request stating the property was addressed as 500 NE Bobcat Court and located at the southeast corner of the intersection at NE Westgate Drive and NE Bobcat Court. Mrs. DeBoer advised the variance, if approved, would allow the applicant to place a 6 foot tall fence in the location of the current building setback lines. Mrs. DeBoer explained that the proposed six foot tall fence would be located in the front yard of the lot located to the south and that a four foot tall fence can be installed within the required building set back. She also advised that a six foot fence can be constructed if pushed back 30 feet from the west property line. At this time staff has not received any correspondence from the surrounding property owners after mailing out notices of the variance request on May 26 th, 2017. The Applicants explain that the variance would allow them privacy that a 4 foot fence does not provide at the intersection of two busy streets. The Applicants also stated that a privacy fence would provide a safe barrier for their family against the wildlife of the area and from people walking or driving across their yard. The Applicants have also stated that a variance for a 6 foot fence would provide their neighbors with additional privacy as well. The Applicants have also stated that no other alternatives could provide the same safety and privacy as the variance. • Board Member Drees commented that it seemed to meet the requirements for a variance, but that it seemed like the issue was balancing the future neighbor interest with the current resident’s interests. • Board Member Irvin advised he could see a sight risk for the home to the south once built with a 6 foot fence in the proposed location. City Planner Andy Kass advised that the garage was proposed to be built on the side farthest from the fence. • Board Members Breckenridge and Irvin stressed that their issue was with the fence going to the sidewalk at 6 feet tall. They advised that, while the setback would take a portion of the back yard if using a six foot fence, it was not an uncommon property for corner lots and that they (the Board) needed to remain consistent in how they approve applications. • Board Member Garcia advised that it is the Board’s job to maintain the visibility and compliance of the City ordinances. If the garage was on the south side of the southern lot, it might be okay, however it would still be a 6 foot fence in someone’s front yard. He also stated that the Board needed to keep in mind that the applicants knew where they were purchasing their home and lot related setbacks. • Board Member Drees advised that he did not think it would look bad. It might not be ideal, but it would cure the ailments of the homeowner. The motion below was put to a reading for individual decisions. In the case to approve the Variance from 301.8(m) of the Waukee Municipal Code related to 500 NE Bobcat Court (The landing at Shadow Creek Plat 2 Lot 50) to allow a six foot tall fence to be placed within the required 30 foot building set back line,” Board members Breckinridge, Irvin, and Garcia voted Nay, and Board Member Drees voted Yay. The motion is defeated 3-1. Old Business City Planner Melissa DeBoer advised there was no carry over business from previous meetings. New Business City Planner Melissa DeBoer advised there were currently no new applications. Adjournment Adjournment of the June 8th, 2017 Planning and Zoning Commission Meeting was motioned by Board Member Garcia and seconded by Board Member Irvin at 6:18 pm. Ayes: Breckenridge, Irvin, Drees, and Garcia. Nays: None. Motion carried. _____________________________________ Doug Drees, Board of Adjustment Chairman Attest: _____________________________________ Melissa DeBoer, City Planner