HomeMy WebLinkAbout05.17.2004• •
APPEAL HEARING
May 17, 2004
4:30 p.m.
Council Chambers
Members present: Mayor Hurley, Kincaid, Cole, Clark, Schmitt, Gunderson, Cole.
Members absent: Greenwood.
Moved by Welper, seconded by Kincaid that the Agenda, as proposed, be approved. Ayes: Six.
Absent: Greenwood. Motion carried.
The purpose of the meeting was to hold a hearing on the appeal from Robert Wood on the notice
of violation of Section 4-4-7, Junk, of the Waterloo Code of Ordinance, for property located at
1025 Sycamore Street.
Lou Cutwright, Building Official, reported that on March 18, 2004 a complaint was received
regarding the junk at 1025 Sycamore Street. A Notice of Violation was posted on the property,
which gave the owner ten days to remove all junk and garbage at the property. The lot next to
1025 Sycamore Street is vacant and has a semi -trailer box parked there, so the notice also
included the removal of the trailer. Both properties are zoned C-2, which does not allow for
outside storage on empty lots. The only outside storage permitted in C-2 zoning is storage in
connection with the principal permitted use of the property (i.e., plumbing and heating shop/pipe,
etc.) On March 25, 2004, before the ten-day cleanup period had expired, a letter was received
from Mr. Wood's attorney appealing the Notice of Violation. The first hearing was set for April
19, 2004, but because of a conflict, the hearing was moved to May 19, 2004.
Mr. Cutwright referred to pictures showing the condition of the properties at the time the notice
was posted. The pictures show items on the front porch, a trailer full of tires, junk accumulation,
and a small camper trailer. In addition, a porch being constructed did not have a permit. Mr.
Cutwright referred to pictures taken today of the property. Mr. Wood did clean the front porch,
but there are items on much of the property, including the side yard.
John Wood, attorney for Robert Wood, reported that it is his client's position that he has taken
steps to clean the large amount of debris, but he lives out of state and it will take awhile to finish.
Robert Wood is an electrician and the trailer's contents relate to his business and is allowable
under C-2. The front and side yard have been cleared except for items relating to Mr. Wood's
business. Mr. Wood contends that the rear porch is not an attached building so he does not need
a permit.
Mr. Cutwright referred to the picture of the trailer which shows the front end full of tires.
Federal guidelines does not allow more than 300 tires in one location.
Ed Hedges, neighbor to Robert Wood, reported he mows the grass and keeps the sidewalk
shoveled. Mr. Hedges did not know what is stored in the trailer. Mr. Hedges stated that Mr.
Wood travels so much that when he is back, some time he sees him and some times he does not.
Mr. Wood was in Waterloo for three days last week. Mr. Wood also has a condo in Florida.
Mr. Wood reported that 1025 Sycamore Street is not Robert Wood's primary residence, but he
does not rent it out. Mr. Cutwright stated that if the property is vacant, nothing can be stored on
it.
John Wood stated that when Robert Wood was issued the citation he thought the city considered
the property residential property, but it clear the city does not think it is residential property.
Mr. Cutwright reported that Robert Wood owns Woody's Electric and is listed as a Master
Electrician. Mr. Cutwright stated that the trailer does not have any electrical equipment stored
inside, and when it was moved from 1671 Sycamore Street it was full of tires.
Appeal Hearing
May 17, 2004
Page 2
Mr. Cutwright reported that under the 1997 code if a deck is under 30" tall and not attached to
the home, no permit is needed, but this is a large deck over 30" tall and even though its not
attached to the home, Mr. Wood needs a permit.
Moved by Welper, seconded by Schmitt that the hearing be closed. Ayes: Six. Absent:
Greenwood. Motion carried.
Councilperson Clark commented that the council's role is whether the citation was issued
properly and not if the property has been cleaned up. The council reviews if there is cause and if
proper notice was served.
Moved by Schmitt, seconded by Cole that the Notice of Violation be affirmed. Ayes: Six.
Absent: Greenwood. Motion carried.
With no further business before the council, it was moved by Welper, seconded by Schmitt that
the meeting be adjourned at 4:55 p.m. Ayes: Six. Absent: Greenwood. Motion carried.
Nancy Eckert
City Clerk
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