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HomeMy WebLinkAbout2016-06-20-J01C 06012016_BOA_minutes AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 20, 2016 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 6/1/16 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on June 1, 2016 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. 6/1/16 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 1, 2016 BOARD OF ADJUSTMENT MEETING Call to Order. The June 1, 2016 Board of Adjustment meeting was called to order at 5:31P.M. by Chairman Doug Drees. Roll Call. The Chair asked for a roll call and the following Board Members were present: Irvin, Morain, and Drees. Absent: Myers and Garcia. City Staff in attendance: Andy Kass, Melissa DeBoer and Kathryn Purvis. Approve the June 1, 2016 Agenda. Board Member Irvin made a motion, seconded by Board Member Morain, to approve the agenda for June 1, 2016. Ayes: Irvin, Morain, and Drees. Nays: None. Motion carried. Approve the April 21, 2016 Board of Adjustment Minutes. Board Member Morain made a motion, seconded by Board Member Irvin, to approve the Board of Adjustment meeting minutes for April 21, 2016. Ayes: Irvin, Morain, and Drees. Nays: None. Motion carried. Application for 626 North Little Walnut Creek Drive (Ramsey Heights Lot 1)-Variance from 301.10 (C) of the Waukee Municipal Code to allow a detached garage that measures 18 feet in height. Planner Melissa De Boer explained that the subject property is located on the south side of N Little Walnut Creek Drive, west of N Warrior Lane. The applicant is requesting a variance in order to construct an18 foot tall detached garage. §301.10.(C) of the Waukee Municipal Codes states that no accessory building shall exceed 14 feet in height in the AR – Single Family Acreage Zoning district. Per the Waukee Municipal Code, building height for a building with a pitched roof is measured as the height at the midpoint (average) height of the roof. In this case, the height of the gable is 25 feet, but at the midpoint (average) it is 18 feet. Therefore, the applicant is requesting a variance in order to exceed the maximum height allowed per the Waukee Municipal Code by a total of 4 feet. Brian and Karie Ramsey, the applicants and property owners, have submitted the attached Board of Adjustment application forms dated April 20, 2016, stating arguments in favor of the requested variance. Notice of the proposed variance request was mailed to surrounding property owners within a 200-foot radius on Friday, May 20, 2016. One letter has been received in opposition to the requested variance. The letter has been attached to this staff report. The applicants have noted that prior to being annexed in 1991, homes in this area were allowed to have detached buildings over 14 feet and those property owners are currently enjoying the benefit of this. The applicants have also noted that many other homes in the surrounding area have detached buildings over 14 feet, because they were allowed prior to this area being annexed in 1991. They would like the same benefit as the surrounding property owners. The applicants have noted that not granting the variance will not allow them a home that is in the same spirit of the surrounding homes that are built, therefore adjoining property values may be adversely impacted. The applicants have noted that other options explored were a 14 foot tall gray metal building with a dirt floor, a 14 foot tall carport, or a one acre open air gravel parking area. Staff does not make recommendations with variance applications but will provide some information to keep in mind. The area in question is a parcel with over 3 acres of land. The requested building seems to be consistent with other buildings in the area for size. It would exceed the current height limitations by 4 feet, and that in the past taller buildings have been allowed without a variance under the Dallas County jurisdiction before annexation into the Waukee City Limits. Board member Drees questioned Mrs. De Boer where the current height limitation of 14 feet would be located on the current building. Mrs. De Boer commented that she did not know where that point would be exactly on the plans provided and Member Irvin did a rough estimate for visual purposes as the point just about the windows to mark the 14 foot cut off. Board member Drees brought his concerns forward that the variance would not be contrary to the integrity of the neighborhood or contrary to the public interest, or that the spirit of the ordinance is protected by granting this variance. Member Morain seconded the statement that he was also seeing a dichotomy between the Applicants statement and the Letter of Opposition provided by the Residents of 600 North Little Walnut Creek Drive. As statements rose from the audience regarding the other buildings that were supposed to be above the 14 foot Height Ordinance, and the time of annexation, Janet Blazanin explained that the building at 620 North Little Walnut Creek Drive which is known for being above the 14 Foot Ordinance, was part of a last property to be annexed to the city, therefore the neighbors did not have a say to oppose that structure due to it being with in the Ordinances of Dallas County. Member Morain questioned the Applicant present, Karie Ramsey, and the audience what the make up or elevation of the homes to the immediate surrounding areas looked like. Ms. Blazanin replied that on two sides of the property in question were single level homes with detached structures at or below the 14 foot height ordinance. Mrs. Ramsey commented that the home to the east at 620 North Little Walnut Creek Drive is a two story home. Member Morain asked what the height of the new home would be and Mrs. Ramsey replied that it would be a story and a half in height. Board member Drees questioned if the driveway going towards the east is a public street or neighboring driveway. Mrs. Ramsey advised that the road in question is owned by 620 Little Walnut Creek Drive with a 20 foot easement that follows the property line. Board member Drees questioned the reason behind the second story, and asked for the applicant to speak to the footprint of the detached garage. Mrs. Ramsey advised that they had taken the print of the existing home at 620 North Little Walnut Creek Drive and applied it to the garage so that it would match the feel of the homes in the area instead of being a metal structure. Board member Drees questioned if the public interest was really being protected and asked Mrs. Ramsey to express the need for the 4 foot variance. Mrs. Ramsey advised that she understood that in a Single Family Residential zoning district, she could see why the city would not want something taller than the allotted 14 feet, but the area in question is a rural acreage having to follow the same zoning. Janet Blazanin of 600 North Little Walnut Drive came forward and questioned the Applicant about what they planned to store in the building that could not fit within an allowed 14 foot structure. Mrs. Ramsey advised that they were hoping to use the building for additional parking of work vehicles driven by herself and Mr. Ramsey which would require a 9 foot door for entrance and exit. The second story would be used for additional storage of seasonal items. Board member Irvin commented that the homeowners could drop it from 9 foot walls to 8 foot walls and still be able to utilize the garage for their original purposes. Mrs. Ramsey advised that they had taken that in to consideration but that it would still place the building at 16 feet tall which would require a variance of 2 feet. Board member Morain questioned if the Plum Architectural firm was aware of the ordinances. Mrs. Ramsey advised that they were aware of the ordinances, but that they were hoping to know the options that would be available to them before incurring the expense of more engineering work. Mike Deanda of 600 North Little Walnut Creek Drive stated his concerns that a large building will be out of place, especially with the new high school will be just south of this area meaning that the building would grow even more out of place. He advised that part of living in the country is that city amenities are not readily available, but as part of the city, we do have to follow the ordinances in place. Pat Morris of 635 North Little Walnut Creek Drive expressed that he held no opposition to the Applicants’ request. Board Member Drees stated that his concern is that the area will become more residential, despite the fact that the lots are large and that there are buildings above the ordinance in the area, but that he was unable to find a reason that there could not be another solution. Board Member Irvin questioned Mrs. Ramsey how far along the new home was in terms of construction and Mrs. Ramsey advised that the foundation and walls were in the process of being completed. Board Member Morain stated that he was sympathetic to both sides to a degree and that his main difficulty was with the Ordinance and how it described height as well as the ability to have a structure be 40 feet tall if it was part of the principal building. He also advised that the ordinance is something that they have to take as written at this point in time. He stated that he was reluctant to approve the variance as the applicants seem fully aware of the ordinances and at this point he did not know if this was a hardship without a solution available without a variance. He also remarked that he would have felt more comfortable if this was brought to the board during the planning phase. Mrs. Ramsey advised that they were aware of the ordinances and had intended to go through the board at an earlier date, but the first meeting was moved and she made a decision to start construction so as not to push out the contractors any more than necessary. Board member Irvin read the motion to approve the variance from 301.10.(c) of the Waukee Municipal Code related to 626 North Little Walnut Creek Drive ( Ramsey Heights Lot 1) to allow a detached garage that measures 18 feet in height. Board Member Morain approved the motion to be held to a vote. Ayes: Irvin. Nays: Drees and Morain. Motion Fails. 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. Adjournment: The meeting was called to adjournment by Board Member Irvin at 6:20 and seconded by Board Member Morain. _____________________________________ Doug Drees, Board of Adjustment Chairman Attest: _____________________________________ Andy Kass, Senior Planner