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HomeMy WebLinkAbout11/23/2010 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT MEETING HELD ON NOVEMBER 23rd 2010, IN THE COUNCIL CHAMBERS, CITY HALL Chairperson Anfinson called the regular monthly meeting of the Waterloo Board of Adjustment to order on Tuesday,November 23,2010,at 4:00 p.m. Board members in attendance were: Anfinson, Goldsberry,Mixdorf,and Mohr (4:07). Board members absent was: Holdiman. Staff in attendance was Aric Schroeder,Shane Graham,Tim Andera,Chris Western and Adam Poll. There were 10 people from the public in attendance. I. Apprnval of the Agenda for November 73, 7010 It was moved by Mixdorf, seconded by Goldsberry, to approve the agenda as submitted.Motion carried unanimously. II. Approval of the Minntec of the Reg7,lar Meeting on October 76, 7010 Mixdorf noted that the minutes noted that he moved to adjourn the meeting on October 26,2010,which could not have happened, as he was not present. It was moved by Goldsberry,seconded by Mixdorf, to approve the minutes as amended.Motion carried unanimously. Jason Mohr arrived at the meeting at 4:07. III. ITnfinished Business 1. Request by Tom Eighmey at 225 Lichty Blvd for a variance to the 10' side yard setback requirement in the"R-1" Residence District,to allow for the construction of an attached garage addition with a side yard setback of 5',5' less then the minimum required. Andera gave the staff report noting that the applicant has stated that the variance is needed as he has an 18' long trailer that he stores in his back yard that would be difficult to maneuver through a 12' wide garage due to the landscaping configuration of the rear yard. Andera noted that a similar request had been denied in the past. Andera noted that a petition was submitted showing that the owners at 219 Lichty Blvd did not object and noted that the applicant indicated that the neighbor across the street had given him verbal support for the project. Andera noted_that-the request had been before the Board of Adjustment the previous month where no action had been taken as votes to both deny the variance and votes to grant a 7.5' variance did not obtain a majority,as both votes were 2-2. Tom Eighmey,225 Lichty Blvd,noted that the additional 2.5' of garage width would be greatly appreciated, as it would allow him to not have to change the configuration of his property. Mixdorf noted that he went through the minutes regarding this request and noted that there did not appear to be a hardship present. Schroeder noted that the property to the east is more then 10' from the property line so there would still appear to be some green space if the variance was granted. Mixdorf questioned why the extra width was needed. Eighmey noted that it was needed in order to maneuver his trailer through the garage because the landscaping in the rear yard would prevent easy movement behind a narrower garage. It was moved by Goldsberry,seconded by Anfinson,to approve a variance to the 10'side yard BOARD OF ADJUSTMENT NOVEMBER 23,2010 Minutes would still need to be made for fire safety and similar issues.Selinic noted that currently the building held one business and 2 high end apartments as well as 2 vacant business spaces. Jeff Kurtz,Director of Main Street Waterloo,noted that this project was reviewed by the business retention committee which noted they would support the church in this location. Kurtz noted that Main Street confirmed the decision on November 16th. Kurtz noted that there is precedent as there are other churches downtown and the building has been vacant for quite some time. Andy Abbott,Owner of 517-521 Lafayette Street,noted that he opposed the request and that other people employed in his building oppose a church at that site as well. Abbott noted that he feels that the purpose of the Main Street district is to bring in businesses to the Downtown and make it more vibrant. Abbott noted that a religious facility would generate more traffic on Sundays,and felt that tenants in his building would want to sleep in on Sundays and this could affect that. Abbott noted that that a religious facility in this site does not appear to fit, and would cause the building to appear vacant for most times of the week. Abbott noted that this would not allow the downtown to be vibrant,and it was important to maintain the integrity of the downtown area. Anfinson questioned the length of the lease.Sulentic noted that the lease would be for 2 years with no option for extension for the current lease and noted that the"C-3" Central Business District Zoning was appropriate as there was no parking requirement and the public parking ramp is located directly adjacent to the property. Anfinson asked if the variance request could be temporary. Schroeder noted that it could not. It was moved by Mixdorf,seconded by Goldsberry to approve the request for a temporary 2-year Special Permit to allow for the establishment of a religious facility within the existing building,and a variance to the 2' setback requirement per 1'of building height requirement for a religious facility, to allow the existing building to remain with a 0'setback at its closest point noting that this would make use of a vacant building and would appear to have adequate parking available.Motion carried 3-1 with Mohr voting against the motion. VARIANCE AND 2-YEAR TEMPORARY SPECIAL PERMIT REQUEST APPROVED. 2. Request by Hajrudin Puric at 1918 Jefferson Street for a variance to the accessory Structure Provision prohibiting accessory structures within a front yard, to allow for the construction of a 17'x24'-{408 SF) accessory structure,which will be located within the front yard. Andera gave the staff report noting that the applicant is requesting the variance in order to construct a 17'x 24' (408 SF)wooden framed carport on the property,which would be located within the front yard. Currently,there is no garage or carport on the property. Andera noted that the property is located at 1918 Jefferson St,which is at the southwest corner of Jefferson St and West 18th St. The property in question and the surrounding properties are zoned"M-1" Light Industrial District, and have been zoned as such since adoption of the Zoning Ordinance in 1969. Andera noted that the request would not appear to have a negative impact on the area,as although the garage would be located within a front yard,it would not encroach past the front of the neighboring house to the south at 306 West 18th St. The surrounding area is mostly comprised of commercial and light industrial development,with the exception of a few nearby residential uses. Andera noted that the request would have no impact on the traffic conditions,as the carport would not impede the line of sight for vehicles at the intersection of Jefferson St and West 18th St. Andera noted that the home is located on a corner lot,of which the home faces the longer dimension street frontage,and is located only several feet from the western and southern property lines (the home was built in 1941,and is a legal non-conforming structure). Andera noted that the Zoning Ordinance states that no accessory structures may be constructed in a front yard. The Ordinance defines a front 3