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HomeMy WebLinkAbout2021-12-06-J01C Receipt-File_10282021 BOA Minutes AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 6, 2021 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 10/28/2021 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on October 28, 2021, 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. 10/28/2021 Board of Adjustment Minutes PREPARED BY: Andy Kass, Planning Coordinator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1C MINUTES OF THE OCTOBER 28TH, 2021 BOARD OF ADJUSTMENT MEETING Call to Order. The October 28th, 2021 Board of Adjustment meeting was called to order at 5:37 P.M. by Board Member Garcia. Roll Call. The following Board Members were present: Garcia, Breckenridge, Johnson, Swoyer, and Bisgard. No board members was absent. City Staff in attendance: Melissa DeBoer, Andy Kass, and Kathryn Purvis. Agenda Approval. Board Member Breckenridge made a motion, seconded by Board Member Johnson, to approve the agenda for October 28th, 2021. Ayes: Garcia, Breckenridge, Johnson, Swoyer, and Bisgard. Nays: None. Motion carried. Approve the August 18th, 2020 Board of Adjustment Minutes. Board Member Breckenridge made a motion, seconded by Board Member Bisgard, to approve the Board of Adjustment meeting minutes for August 18th, 2020. Ayes: Garcia, Breckenridge, Johnson, Swoyer, and Bisgard. Nays: None. Motion carried. Application for 680 NW Little Walnut Creek Drive (Lot 9 of Sahu Acres) – Variance from §165.14(1) of the Waukee Municipal Code to allow a 5 foot fence to be placed within the required front yard setback. Senior City Planner, Melissa DeBoer, introduced the request as submitted by the homeowner, Thomas O’Brien. The Request if approved would allow the applicant to install a 5 foot chain link fence within the front yard setback. A notice of the proposed variance request was mailed to surrounding property owners within a 310 foot radius on Monday, October 18th, 2021. To date staff has not received correspondence for or against the request. Mrs. DeBoer advised that the hardship noted that the applicant has lived on the acreage for 30 years and have animals that need to be contained. The current Agricultural barbed wire fencing needs to be replaced, and the applicant would like to use a product that keeps the property up with the surrounding growth that has moved in around them. Mrs. DeBoer advised that staff does not make recommendations on variances, but went over the following factors for the Board to consider in making their decision: the five foot tall fence would be located within the front yard along NW Little Walnut Creek Drive, the fence would be replacing a current barbed wire fence in the same area that is also 5 feet tall, and that a four-foot fence could be installed within the required building setback all the way up to the property line.  The Applicant, Tom O’Brien, explained the he is upgrading his fence due to development to the north and west. He has already installed a portion of new fence, and would like to continue around his property to maintain his agricultural animals. Mr. O’Brien advised that the current fence exists approximately 22-23 feet from the road giving plenty of space for snow plows and emergency vehicles.  Board member Johnson questioned if the variance was for the height only. Mr. Kass advised that was correct. If the Board wanted to add stipulations they could. Mr. Kass also advised that NW Little Walnut Creek will not be extended into the northern development.  Board member Bisgard verified that the back of the property faces backyards to the west. Mr. Kass advised that was correct.  Board member Johnson questioned if there was a future expansion into the Right of Way of the road. Mr. Kass advised that there are no future plans to grow NW Little Walnut Creek. There is the potential to add sidewalks but there is plenty of space for that project scope. Board member Garcia moved to approve the Variance from section 165.14(1) of the Waukee Municipal Code to allow a 5 foot tall fence within the required front yard setback, with the condition that it maintains visual openness. Board member Bisgard seconded the motion. Ayes: Johnson, Breckenridge, Garcia, Swoyer, and Bisgard. Nays: None. Motion carried. Application for 350 9th Street (4th Addition Parcel W of Block 8) – Variance from §165.06(4) of the Waukee Municipal Code to allow a detached garage that measures 20.5- feet in height. Senior City Planner, Melissa De Boer, introduced the request as submitted by the homeowner, Jacob Rausch. The Request if approved would allow the applicant to install a detached garage that measures approximately 20.5 feet in height. A notice of the proposed variance request was mailed to surrounding property owners within a 310 foot radius on Monday, October 18th, 2021. To date staff has not received correspondence for or against the request. Mrs. DeBoer advised that the hardship presented by the applicant states that his lot is unique in being larger and more secluded than surrounding residential lots, and is full of mature trees which obstruct much of the line – of –sight to his property. The garage is set away from neighboring streets and would not decrease the attraction of the neighborhood. Mrs. DeBoer advised that staff does not make recommendations on variances, but went over the following factors for the Board to consider in making their decision: The subject property measures at 0.66 acres in size, and the proposed 20.5 foot tall detached garage exceeds the maximum height allowed by 6.5 feet.  Board member Breckenridge questioned what was to the west of the subject property. Mrs. DeBoer advised that 10th street and a detention pond sit to the west.  Board member Breckenridge questioned what color was proposed. Mr. Rausch advised that the garage would be red and charcoal in color to match the new siding of the home.  Board member Johnson questioned how the height was measured. Mr. Rausch advised that was the measurement to the peak. Planning Coordinator, Andy Kass, added that the measurements to take into consideration would be the mid-line of the roof as it is pitched. In reality, this would mean the proposed garage is closer to a 1-3 foot violation over 6.5 feet.  Board member Breckenridge questioned if the garage had 14 foot walls. Mr. Rausch confirmed that measurement.  Board member Johnson questioned if this was for storage only. Mr. Rausch advised that there will be electrical run to the garage for power tools, but no living space.  Board member Johnson questioned if there were ordinances for the aestetic of the structure. Mr. Kass advised there were not. An HOA if in place, would be responsible for any color or design limitations. Board member Garcia moved to approve the Variance from section 165.06(4) of the Waukee Municipal Code to allow a detached garage that measures approximately 20.5 feet in height with the condition that it cannot exceed 20.5 feet at the peak. Board member Breckenridge seconded the motion. Ayes: Johnson, Breckenridge, Garcia, Swoyer, and Bisgard. Nays: None. Motion carried. New Business Planning Coordinator Andy Kass advised that there are no new submittals at this time. Adjournment Board member Bisgard moved to adjourn the meeting. The motion was seconded by board member Johnson. Ayes: Johnson, Swoyer, Breckenridge, Garcia and Bisgard. Nays: None. Motion carried. The October 28th, 2021 Board of Adjustment Meeting was adjourned at 6:08 PM. _____________________________________ Juan Garcia, Chairman Attest: _____________________________________ Andy Kass, Planning Coordinator